Offshore Petroleum and Greenhouse Gas Storage Amendment (NOPSEMA) Regulations 2012

Authorised by the Chief Parliamentary Counsel Authorised Version i Offshore Petroleum and Greenhouse Gas Storage Amendment (NOPSEMA) Regulations 2012 S.R. No. 160/2012 TABLE OF PROVISIONS Regulation Page 1 Objective 1 2 Authorising provision 2 3 Commencement 2 4 Principal Regulations 2 5 Definitions 2 6 Objects of this Chapter 2 7 Definitions 2 8 Nomination of operator—general 3 9 Acceptance or rejection of nomination of operator 3 10 Register of operators 3 11 Removal of name from register 4 12 Facility description, formal safety assessment and safety management system 4 13 Involvement of members of the workforce 4 14 Arrangements for records 4 15 Safety case to be submitted to Safety Authority 4 16 Safety Authority may request more information 5 17 Acceptance or rejection of a safety case ` 18 Notice of decision on safety case 6 19 Consent to undertake work in a manner different from safety case 6 20 Duties under Part 2 of Schedule 3 to the Act 6 21 Variation of a safety case because of a change of circumstances or operations 6 22 Variation on request by the Safety Authority 6 23 Variation after 5 years 7 24 Safety Authority may request more information 7 25 Notice of decision on proposal for variation of a safety case 7 26 Grounds for withdrawal of acceptance 7 27 Notice before withdrawal of acceptance 7 28 Safety Authority may give an exemption 8 29 Validation of design, construction and installation, significant modification or decommissioning of a facility 8 30 Notices and reports of accidents and dangerous occurrences 8 31 Work on a facility must comply with the safety case 8 -- 1 of 41 -- Regulation Page ii Authorised by the Chief Parliamentary Counsel 32 New health and safety risk 8 33 Interference with accident sites 9 34 Details in applications or submissions 9 35 Prohibition on the use of certain hazardous substances 9 36 Limitations on exposure to certain hazardous substances 9 37 Exposure to noise 9 38 Exemptions from hazardous substances and noise requirements 9 39 Appointment of returning officer 10 40 Result of poll 10 41 Orders under clause 52 of Schedule 3 to the Act 10 42 Contents of DSMS 10 43 Acceptance of new DSMS 10 44 Acceptance of varied DSMS 10 45 Grounds for rejecting DSMS 11 46 Notice of reasons 11 47 Register of DSMSs 11 48 Variation of DSMS 11 49 Notice to vary DSMS 12 50 Diving project plan to Safety Authority if there is no operator 12 51 Diving project plan to Safety Authority if requested 12 52 Updating diving project plan 12 53 No diving without approved diving project plan 13 54 Involvement of divers and members of the workforce in DSMS and diving project plan 13 55 Start-up notice 13 56 Form 1 13 57 Well operations management plans and approval of well activities 13 58 Application 14 222 Application 14 59 Definitions 14 60 Application for acceptance of well operations management plan 14 61 Contents of well operations management plan 14 62 New Part 5.5A inserted 15 PART 5.5A—WELL OPERATIONS MANAGEMENT PLANS AND APPROVAL OF WELL ACTIVITIES— PETROLEUM TITLEHOLDERS 15 Division 1—Preliminary 15 247A Application 15 247B Definitions 15 247C Part is a listed OHS law 17 -- 2 of 41 -- Regulation Page iii Authorised by the Chief Parliamentary Counsel Division 2—Requirements—well operations management plan 17 247D Requirement to have accepted well operations management plan 17 247E Requirement to undertake activities in accordance with accepted well operations management plan 18 Division 3—Obtaining acceptance of well operations management plan 19 247F Application for acceptance of well operations management plan 19 247G Decision on well operations management plan 20 247H Criteria for acceptance of well operations management plan 22 247I Contents of well operations management plan 23 247J Status of well operations management plan 24 Division 4—Variation of well operations management plan 25 247K Application for acceptance of variation 25 247L Requirement to apply for variation of well operations management plan 26 247M Decision on request for acceptance of varied well operations management plan 26 247N Variation required by NOPSEMA 28 247O Objection to requirement to vary 28 247P Decision on objection 29 Division 5—Termination of well operations management plan 30 247Q Termination of well operations management plan 30 Division 6—Withdrawal of acceptance of well operations management plan 30 247R Reasons for withdrawal of acceptance 30 247S Notice of proposal to withdraw acceptance 31 247T Decision to withdraw acceptance 32 247U Relationship between withdrawal and other provisions 32 Division 7—Approval for specific well activities 33 247V Requirement for approval of certain well activities that change well bore 33 247W Application for approval to undertake activity 34 247X Minister may request more information 35 247Y Decision on application 35 -- 3 of 41 -- Regulation Page iv Authorised by the Chief Parliamentary Counsel Division 8—Control of hazards and risks 35 247Z Requirement to control well integrity hazard or risk 35 ═══════════════ ENDNOTES 37 -- 4 of 41 -- Authorised by the Chief Parliamentary Counsel Authorised Version 1 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 Resources MATTHEW McBEATH Clerk of the Executive Council 1 Objective 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. -- 5 of 41 -- S.R. No. 160/2012 Offshore Petroleum and Greenhouse Gas Storage Amendment (NOPSEMA) Regulations 2012 2 Authorised by the Chief Parliamentary Counsel 2 Authorising provision These Regulations are made under section 794 of the Offshore Petroleum and Greenhouse Gas Storage Act 2010. 3 Commencement These Regulations come into operation on 1 January 2013. 4 Principal Regulations In these Regulations, the Offshore Petroleum and Greenhouse Gas Storage Regulations 2011 1 are called the Principal Regulations. 5 Definitions 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.". 6 Objects of this Chapter In regulation 40(1) and (4) of the Principal Regulations, for "the Safety Authority" substitute "NOPSEMA". 7 Definitions (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". r. 2 -- 6 of 41 -- S.R. No. 160/2012 Offshore Petroleum and Greenhouse Gas Storage Amendment (NOPSEMA) Regulations 2012 3 Authorised by the Chief Parliamentary Counsel 8 Nomination of operator—general In regulation 45(1) of the Principal Regulations, for "the Safety Authority" substitute "NOPSEMA". 9 Acceptance 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". 10 Register 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". r. 8 -- 7 of 41 -- S.R. No. 160/2012 Offshore Petroleum and Greenhouse Gas Storage Amendment (NOPSEMA) Regulations 2012 4 Authorised by the Chief Parliamentary Counsel 11 Removal 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". 12 Facility description, formal safety assessment and safety management system In regulation 49(4) of the Principal Regulations, for "the Safety Authority" substitute "NOPSEMA". 13 Involvement of members of the workforce In regulation 55(1) of the Principal Regulations, for "the Safety Authority" (wherever occurring) substitute "NOPSEMA". 14 Arrangements for records In regulation 67(1)(d), (3) and (5) of the Principal Regulations, for "the Safety Authority" substitute "NOPSEMA". 15 Safety 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— r. 11 -- 8 of 41 -- S.R. No. 160/2012 Offshore Petroleum and Greenhouse Gas Storage Amendment (NOPSEMA) Regulations 2012 5 Authorised by the Chief Parliamentary Counsel (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". 16 Safety 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". 17 Acceptance 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". r. 16 -- 9 of 41 -- S.R. No. 160/2012 Offshore Petroleum and Greenhouse Gas Storage Amendment (NOPSEMA) Regulations 2012 6 Authorised by the Chief Parliamentary Counsel (4) In regulation 70(5) of the Principal Regulations, for "the Safety Authority" substitute "NOPSEMA". 18 Notice of decision on safety case In regulation 71(1) and (2) of the Principal Regulations, for "the Safety Authority" (wherever occurring) substitute "NOPSEMA". 19 Consent 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". 20 Duties under Part 2 of Schedule 3 to the Act In regulation 73 of the Principal Regulations, for "the Safety Authority" (wherever occurring) substitute "NOPSEMA". 21 Variation 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". 22 Variation 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". r. 18 -- 10 of 41 -- S.R. No. 160/2012 Offshore Petroleum and Greenhouse Gas Storage Amendment (NOPSEMA) Regulations 2012 7 Authorised by the Chief Parliamentary Counsel 23 Variation after 5 years In regulation 76(1) of the Principal Regulations, for "the Safety Authority" (wherever occurring) substitute "NOPSEMA". 24 Safety 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". 25 Notice 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". 26 Grounds 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". 27 Notice 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"; r. 23 -- 11 of 41 -- S.R. No. 160/2012 Offshore Petroleum and Greenhouse Gas Storage Amendment (NOPSEMA) Regulations 2012 8 Authorised by the Chief Parliamentary Counsel (b) for "the Safety Authority" (wherever occurring) substitute "NOPSEMA". (4) In regulation 82(4) of the Principal Regulations, for "The Safety Authority" substitute "NOPSEMA". 28 Safety 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". 29 Validation 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". 30 Notices 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". 31 Work on a facility must comply with the safety case In regulation 89(2) of the Principal Regulations, for "the Safety Authority" substitute "NOPSEMA". 32 New health and safety risk In regulation 90(1) and (2) of the Principal Regulations, for "the Safety Authority" (wherever occurring) substitute "NOPSEMA". r. 28 -- 12 of 41 -- S.R. No. 160/2012 Offshore Petroleum and Greenhouse Gas Storage Amendment (NOPSEMA) Regulations 2012 9 Authorised by the Chief Parliamentary Counsel 33 Interference with accident sites In regulation 93(2) of the Principal Regulations, for "the Safety Authority" (wherever occurring) substitute "NOPSEMA". 34 Details in applications or submissions In regulation 94(1), (2) and (3) of the Principal Regulations, for "the Safety Authority" substitute "NOPSEMA". 35 Prohibition on the use of certain hazardous substances In regulation 98(3) of the Principal Regulations, for "the Safety Authority" substitute "NOPSEMA". 36 Limitations on exposure to certain hazardous substances In regulation 99(3) of the Principal Regulations, for "the Safety Authority" substitute "NOPSEMA". 37 Exposure to noise In regulation 100(5) of the Principal Regulations, for "the Safety Authority" substitute "NOPSEMA". 38 Exemptions 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". r. 33 -- 13 of 41 -- S.R. No. 160/2012 Offshore Petroleum and Greenhouse Gas Storage Amendment (NOPSEMA) Regulations 2012 10 Authorised by the Chief Parliamentary Counsel 39 Appointment 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". 40 Result of poll In regulation 121(1) of the Principal Regulations, for "the Safety Authority" substitute "NOPSEMA". 41 Orders 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". 42 Contents of DSMS In regulation 131(1) of the Principal Regulations, for "the Safety Authority" substitute "NOPSEMA". 43 Acceptance of new DSMS In regulation 132(1), (2) and (3) of the Principal Regulations, for "the Safety Authority" substitute "NOPSEMA". 44 Acceptance of varied DSMS (1) In regulation 133(1) of the Principal Regulations, for "the Safety Authority" substitute "NOPSEMA". r. 39 -- 14 of 41 -- S.R. No. 160/2012 Offshore Petroleum and Greenhouse Gas Storage Amendment (NOPSEMA) Regulations 2012 11 Authorised by the Chief Parliamentary Counsel (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". 45 Grounds for rejecting DSMS In regulation 134 of the Principal Regulations— (a) for "The Safety Authority" substitute "NOPSEMA"; (b) for "the Safety Authority" substitute "NOPSEMA". 46 Notice of reasons In regulation 135(1) and (2) of the Principal Regulations, for "the Safety Authority" (wherever occurring) substitute "NOPSEMA". 47 Register of DSMSs In regulation 136(1) and (3) of the Principal Regulations, for "The Safety Authority" substitute "NOPSEMA". 48 Variation of DSMS In regulation 137 of the Principal Regulations, for "the Safety Authority" (wherever occurring) substitute "NOPSEMA". r. 45 -- 15 of 41 -- S.R. No. 160/2012 Offshore Petroleum and Greenhouse Gas Storage Amendment (NOPSEMA) Regulations 2012 12 Authorised by the Chief Parliamentary Counsel 49 Notice 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". 50 Diving 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". 51 Diving 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". 52 Updating diving project plan In regulation 142(3) of the Principal Regulations, for "the Safety Authority" substitute "NOPSEMA". r. 49 -- 16 of 41 -- S.R. No. 160/2012 Offshore Petroleum and Greenhouse Gas Storage Amendment (NOPSEMA) Regulations 2012 13 Authorised by the Chief Parliamentary Counsel 53 No diving without approved diving project plan In regulation 144 of the Principal Regulations, for "the Safety Authority" substitute "NOPSEMA". 54 Involvement 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". 55 Start-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". 56 Form 1 In Note 1 of Form 1 in Schedule 2 to the Principal Regulations, for "the Safety Authority" substitute "NOPSEMA". 57 Well 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". r. 53 -- 17 of 41 -- S.R. No. 160/2012 Offshore Petroleum and Greenhouse Gas Storage Amendment (NOPSEMA) Regulations 2012 14 Authorised by the Chief Parliamentary Counsel 58 Application For regulation 222 of the Principal Regulations, substitute— "222 Application 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.". 59 Definitions (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". 60 Application for acceptance of well operations management plan In regulation 227(3)(d) of the Principal Regulations, omit "a petroleum access authority or". 61 Contents of well operations management plan In regulation 230(1)(b)(ii) of the Principal Regulations, omit "production or". r. 58 -- 18 of 41 -- S.R. No. 160/2012 Offshore Petroleum and Greenhouse Gas Storage Amendment (NOPSEMA) Regulations 2012 15 Authorised by the Chief Parliamentary Counsel 62 New 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 247A Application 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. 247B Definitions 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 r. 62 -- 19 of 41 -- S.R. No. 160/2012 Offshore Petroleum and Greenhouse Gas Storage Amendment (NOPSEMA) Regulations 2012 16 Authorised by the Chief Parliamentary Counsel (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 r. 62 -- 20 of 41 -- S.R. No. 160/2012 Offshore Petroleum and Greenhouse Gas Storage Amendment (NOPSEMA) Regulations 2012 17 Authorised by the Chief Parliamentary Counsel (b) an event that may involve a risk of significant damage to the environment or the well reservoir of a well. 247C Part 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 247D Requirement 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 r. 62 -- 21 of 41 -- S.R. No. 160/2012 Offshore Petroleum and Greenhouse Gas Storage Amendment (NOPSEMA) Regulations 2012 18 Authorised by the Chief Parliamentary Counsel (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. 247E Requirement 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 r. 62 -- 22 of 41 -- S.R. No. 160/2012 Offshore Petroleum and Greenhouse Gas Storage Amendment (NOPSEMA) Regulations 2012 19 Authorised by the Chief Parliamentary Counsel (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 247F Application 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 r. 62 -- 23 of 41 -- S.R. No. 160/2012 Offshore Petroleum and Greenhouse Gas Storage Amendment (NOPSEMA) Regulations 2012 20 Authorised by the Chief Parliamentary Counsel (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. 247G Decision 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. r. 62 -- 24 of 41 -- S.R. No. 160/2012 Offshore Petroleum and Greenhouse Gas Storage Amendment (NOPSEMA) Regulations 2012 21 Authorised by the Chief Parliamentary Counsel (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; r. 62 -- 25 of 41 -- S.R. No. 160/2012 Offshore Petroleum and Greenhouse Gas Storage Amendment (NOPSEMA) Regulations 2012 22 Authorised by the Chief Parliamentary Counsel (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). 247H Criteria 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. r. 62 -- 26 of 41 -- S.R. No. 160/2012 Offshore Petroleum and Greenhouse Gas Storage Amendment (NOPSEMA) Regulations 2012 23 Authorised by the Chief Parliamentary Counsel (2) NOPSEMA must not accept a well operations management plan if NOPSEMA is not satisfied that the plan meets the requirements of subregulation (1). 247I Contents 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 r. 62 -- 27 of 41 -- S.R. No. 160/2012 Offshore Petroleum and Greenhouse Gas Storage Amendment (NOPSEMA) Regulations 2012 24 Authorised by the Chief Parliamentary Counsel (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. 247J Status of well operations management plan (1) If NOPSEMA has given the titleholder permission to give a well operations management plan to NOPSEMA in parts— r. 62 -- 28 of 41 -- S.R. No. 160/2012 Offshore Petroleum and Greenhouse Gas Storage Amendment (NOPSEMA) Regulations 2012 25 Authorised by the Chief Parliamentary Counsel (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 247K Application 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. r. 62 -- 29 of 41 -- S.R. No. 160/2012 Offshore Petroleum and Greenhouse Gas Storage Amendment (NOPSEMA) Regulations 2012 26 Authorised by the Chief Parliamentary Counsel 247L Requirement 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. 247M Decision 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— r. 62 -- 30 of 41 -- S.R. No. 160/2012 Offshore Petroleum and Greenhouse Gas Storage Amendment (NOPSEMA) Regulations 2012 27 Authorised by the Chief Parliamentary Counsel (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). r. 62 -- 31 of 41 -- S.R. No. 160/2012 Offshore Petroleum and Greenhouse Gas Storage Amendment (NOPSEMA) Regulations 2012 28 Authorised by the Chief Parliamentary Counsel 247N Variation 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. 247O Objection 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; r. 62 -- 32 of 41 -- S.R. No. 160/2012 Offshore Petroleum and Greenhouse Gas Storage Amendment (NOPSEMA) Regulations 2012 29 Authorised by the Chief Parliamentary Counsel (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. 247P Decision 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. r. 62 -- 33 of 41 -- S.R. No. 160/2012 Offshore Petroleum and Greenhouse Gas Storage Amendment (NOPSEMA) Regulations 2012 30 Authorised by the Chief Parliamentary Counsel Division 5—Termination of well operations management plan 247Q Termination 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 247R Reasons 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 r. 62 -- 34 of 41 -- S.R. No. 160/2012 Offshore Petroleum and Greenhouse Gas Storage Amendment (NOPSEMA) Regulations 2012 31 Authorised by the Chief Parliamentary Counsel (c) NOPSEMA is satisfied for any other reason that its acceptance of the well operations management plan should be withdrawn. 247S Notice 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. r. 62 -- 35 of 41 -- S.R. No. 160/2012 Offshore Petroleum and Greenhouse Gas Storage Amendment (NOPSEMA) Regulations 2012 32 Authorised by the Chief Parliamentary Counsel 247T Decision 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. 247U Relationship 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. r. 62 -- 36 of 41 -- S.R. No. 160/2012 Offshore Petroleum and Greenhouse Gas Storage Amendment (NOPSEMA) Regulations 2012 33 Authorised by the Chief Parliamentary Counsel (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 247V Requirement 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; r. 62 -- 37 of 41 -- S.R. No. 160/2012 Offshore Petroleum and Greenhouse Gas Storage Amendment (NOPSEMA) Regulations 2012 34 Authorised by the Chief Parliamentary Counsel (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. 247W Application 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. r. 62 -- 38 of 41 -- S.R. No. 160/2012 Offshore Petroleum and Greenhouse Gas Storage Amendment (NOPSEMA) Regulations 2012 35 Authorised by the Chief Parliamentary Counsel 247X Minister 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. 247Y Decision 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 247Z Requirement 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 r. 62 -- 39 of 41 -- S.R. No. 160/2012 Offshore Petroleum and Greenhouse Gas Storage Amendment (NOPSEMA) Regulations 2012 36 Authorised by the Chief Parliamentary Counsel (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. __________________". ═══════════════ r. 62 -- 40 of 41 -- S.R. No. 160/2012 Offshore Petroleum and Greenhouse Gas Storage Amendment (NOPSEMA) Regulations 2012 37 Authorised by the Chief Parliamentary Counsel ENDNOTES 1 Reg. 4: S.R. No. 153/2011 as amended by S.R. No. 133/2012. Endnotes -- 41 of 41 --