Petroleum Regulations 2000
i
Petroleum Regulations 2000
S.R. No. 65/2000
TABLE OF PROVISIONS
Regulation Page
PART 1—PRELIMINARY MATTERS 1
1. Objectives 1
2. Authorising provision 1
3. Definitions 2
PART 2CONDITIONS OF AUTHORITIES 4
4. Conditions of every authority 4
PART 3GEOPHYSICAL AND GEOCHEMICAL OPERATIONS 8
5. Operation plan for geophysical or geochemical operations 8
PART 4DRILLING AND WORKOVER OPERATIONS 9
6. Operation plan for drilling or workover operations 9
7. Drilling at location not approved 9
8. Casing requirements 10
9. Blow-out prevention equipment 10
10. Formation integrity testing 10
11. Drilling fluid 10
12. Cuttings, cores and fluid samples 11
13. Minister may require coring, logging and testing 11
14. Age dating 12
15. Well evaluation logs 12
16. Protection of aquifers 13
17. Consent to conduct production or drill stem tests 13
18. Well completion 13
19. Protection of well site 14
20. Disposal of oil or gas produced 14
21. Consent for workover operations 15
22. Cessation of drilling operations 15
23. Consent to suspend or abandon a well 16
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Regulation Page
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PART 5PRODUCTION AND STORAGE OPERATIONS 17
24. Operation plan for production or storage operations 17
25. Design, construction, installation, maintenance and modification 17
26. Consent to construct and install a facility 18
27. Provisional acceptance of operation plan to commission a facility 18
28. Consent to modify a facility 19
29. Petroleum production development plan 19
30. Storage development plan 20
31. Petroleum production requirements 21
32. Production testing 22
33. Reporting of rate of recovery and composition of petroleum 23
34. Well performance monitoring 23
35. Concurrent production 24
36. Production prohibited if pressure below bubble point 24
37. Production from different reservoirs not to be commingled 25
38. Prevention of cross flow 26
39. Oil, gas or water wastage 26
40. Disposition of gas 27
41. Flaring of gas 27
42. Consent to vent or flare petroleum 28
43. Notification of wireline operations and changes to subsurface
equipment 28
44. Consent to suspend or abandon a facility 28
PART 6PROVISIONS RELATING TO OPERATION PLANS
GENERALLY 30
45. Additional information 30
46. Review of operation plans 30
PART 7ROYALTIES AND RENT 31
47. Time of payment of royalties 31
48. Rent for occupancy of Crown land 31
49. Application for variation to royalty rate 32
PART 8ADMINISTRATIVE MATTERS 33
Division 1Fees 33
50. Annual fees 33
51. Late fee for renewal of exploration permits 33
Division 2Pecuniary interest statements 34
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52. Definitions 34
53. Duty of disclosure of pecuniary interests 34
54. Disclosure of interest register 35
55. Inspection of register 35
Division 3Other administrative matters 35
56. Time period before a disputed claim can go to Tribunal or Court 35
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1
STATUTORY RULES 2000
S.R. No. 65/2000
Petroleum Act 1998
Petroleum Regulations 2000
The Governor in Council makes the following Regulations:
Dated: 4 July 2000
Responsible Minister:
CANDY BROAD
Minister for Energy and Resources
HELEN DOYE
Clerk of the Executive Council
PART 1—PRELIMINARY MATTERS
1. Objectives
The objectives of these Regulations are
(a) to ensure that the environment, health and
safety hazards and risks involved in
undertaking petroleum operations are
eliminated or minimised so far as is
practicable; and
(b) to prescribe various fees, administrative
matters and other requirements authorised by
the Act.
2. Authorising provision
These Regulations are made under section 252 of
the Petroleum Act 1998.
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3. Definitions
In these Regulations
"Act" means the Petroleum Act 1998;
"completion" means a flowpath in a well that
allows the production of fluids from, and the
injection of fluid into, a discrete formation
interval through the well, and includes the
equipment necessary for that production or
injection independent of other flowpaths in
the well;
"directional drilling", in relation to drilling a
well, means drilling that involves intentional
changes in the direction of drilling;
"facility" means a structure that
(a) is used or constructed for the purpose
of recovering petroleum; or
(b) carries, contains or includes equipment
for the drilling or workover of a well;
"incident" means an accident or dangerous
occurrence;
"lifecycle", of an operation, includes the design,
construction, abandonment and rehabilitation
stages of the operation;
"practicable", in relation to eliminating or
minimising hazards and risks, means
practicable having regard to
(a) the severity of the hazard or risk; and
(b) the state of knowledge about the hazard
or risk and any means of eliminating or
minimising that hazard or risk; and
(c) the availability and suitability of ways
to eliminate or minimise that hazard or
risk; and
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(d) the cost of eliminating or minimising
that hazard or risk;
"workover operation" means a modification,
maintenance or repair operation made to a
well.
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PART 2CONDITIONS OF AUTHORITIES
4. Conditions of every authority
(1) In addition to any conditions imposed on an
authority under the Act, an authority is subject to
the conditions specified in this regulation.
(2) The holder of an authority must ensure that each
environment, health or safety hazard associated
with the lifecycle of a petroleum operation is
eliminated or, if it is not practicable to eliminate
the hazard, must ensure that the risk associated
with the hazard is minimised so far as is
practicable.
(3) The holder of an authority must establish and
maintain management systems to ensure that the
obligations imposed on the holder of the authority
by sub-regulation (2) are met.
(4) Without limiting sub-regulation (3), the
management systems must ensure that
(a) each hazard and risk is identified and
continually reviewed; and
(b) the risk associated with each hazard is
assessed; and
(c) measures are established to eliminate each
hazard or to minimise the risk of each hazard
so far as is practicable; and
(d) accountabilities and responsibilities for the
management of each hazard and risk are
clearly established at appropriate levels and
are understood and maintained; and
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(e) employees associated with petroleum
operations are informed of the hazards and
risks and are aware of their role in
identifying and managing them; and
(f) employees associated with petroleum
operations are competent, by reason of
having the necessary skills, training and
ability, to undertake their duties; and
(g) control of the hazards and risks is maintained
in the event of significant change; and
(h) systems are established to detect and respond
to emergency situations; and
(i) incidents are reported, recorded and
investigated and corrective actions are
implemented; and
(j) there is routine monitoring, maintenance and
testing of the measures used to eliminate the
hazards and to minimise the risks; and
(k) the systems are documented and retained for
inspection purposes; and
(l) there are regular audits and reviews of the
systems and that steps are taken to ensure
continuous improvement.
(5) For the purposes of sub-regulation (4), a reference
to employees includes a reference
(a) to independent contractors contracted by the
holder of the authority to do any thing in
relation to the petroleum operation; and
(b) to the employees of such independent
contractors who do any thing in relation to
the petroleum operation.
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(6) The holder of an authority must ensure that
sufficient information and data relating to a
petroleum operation is submitted to the Minister
to verify that the work program is being
undertaken.
(7) Without limiting sub-regulation (6), reports on
operations, copies of original data and the results
and interpretations of all processing tests, surveys,
measurements and analyses must be submitted as
soon as is practicable.
(8) The holder of an authority must submit to the
Minister a report of an incident that
(a) causes, or has the potential to cause, death,
serious injury or significant environmental or
property damage; or
(b) involves the release or spill of more than
80 litres of petroleum; or
(c) involves a petroleum emulsion in which the
petroleum concentration is greater than
30 milligrams per litre; or
(d) involves any uncontrolled escape by ignition
of flammable or combustible material
as soon as is practicable after the incident occurs.
(9) The report must include
(a) the date, time and place of the incident; and
(b) a description of the incident; and
(c) any known or suspected causes of the
incident; and
(d) a description of the steps taken to minimise
the impact of the incident; and
(e) a description of the steps taken or proposed
to prevent a recurrence of the incident.
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(10) The holder of a production licence must ensure
that a summary of the reports is submitted to the
Minister at intervals not exceeding one month.
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PART 3GEOPHYSICAL AND GEOCHEMICAL
OPERATIONS
5. Operation plan for geophysical or geochemical
operations
For the purposes of section 161 of the Act, an
operation plan for geophysical or geochemical
operations must include
(a) details of the operation, including any
equipment or facilities to be used;
(b) an environment and safety assessment
which
(i) identifies the environment, health and
safety hazards and risks associated with
the operation; and
(ii) provides an assessment of the risks; and
(iii) identifies the measures to be used to
eliminate the hazards and to minimise
the risks so far as is practicable;
(c) a description of the management systems
required by regulation 4.
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PART 4DRILLING AND WORKOVER OPERATIONS
6. Operation plan for drilling or workover operations
(1) For the purposes of section 161 of the Act, an
operation plan for drilling or workover operations
must include
(a) details of the operation, including the
location of wells and any equipment to be
used;
(b) an environment and safety assessment
which
(i) identifies the environment, health and
safety hazards and risks associated with
the operation; and
(ii) provides an assessment of the risks; and
(iii) identifies the measures to be used to
eliminate the hazards and to minimise
the risks so far as is practicable;
(c) a description of the management systems
required by regulation 4.
(2) The operation plan must be submitted at least one
month before the proposed start of the drilling or
workover operations, unless the Minister agrees
otherwise.
7. Drilling at location not approved
(1) The Minister may direct that a well that is drilled
in a location that is not identified in an operation
plan for drilling operations must be plugged and
abandoned.
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(2) The holder of an authority must comply with such
a direction within the time specified by the
Minister in giving the direction.
Penalty: 20 penalty units.
8. Casing requirements
The holder of an authority must ensure that a well
is lined with casing and that the casing is
cemented in accordance with good oil-field
practice.
Penalty: 20 penalty units.
9. Blow-out prevention equipment
The holder of an authority must ensure that the
blow-out prevention equipment (including
accumulators) of a well is installed, operated,
maintained and pressure tested in accordance with
good oil-field practice.
Penalty: 20 penalty units.
10. Formation integrity testing
The holder of an authority must ensure that
formation integrity testing of a well is undertaken
before drilling to the next casing point in
accordance with good oil-field practice.
Penalty: 20 penalty units.
11. Drilling fluid
The holder of an authority must ensure that the
characteristics and the use of drilling fluid and
equipment used in a well provide adequate control
of any sub-surface pressures likely to be
encountered in the well.
Penalty: 20 penalty units.
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12. Cuttings, cores and fluid samples
(1) The holder of an authority must ensure that any
cuttings, cores or fluid samples recovered in
connection with the drilling of a well are
processed and stored in accordance with good oil-
field practice and that undue deterioration and loss
of the cuttings, cores and fluids is prevented.
Penalty: 20 penalty units.
(2) The holder of an authority must ensure that the
results obtained from any analysis of a fluid
sample is submitted to the Minister as soon as is
practicable after the results are obtained.
Penalty: 20 penalty units.
(3) For the purposes of section 179(c) of the Act, the
holder of an authority must, if directed to do so by
the Minister, give the Minister cuttings, cores or
fluid samples in accordance with the direction.
13. Minister may require coring, logging and testing
(1) If the Minister considers that the holder of an
authority is not undertaking sufficient coring,
logging or testing to evaluate an occurrence, or
potential occurrence, of petroleum, the Minister
may direct the holder of the authority to carry out
any coring, logging and testing that the Minister
thinks is necessary and reasonable in the
circumstances.
(2) The holder of an authority must comply with such
a direction within the time specified by the
Minister in giving the direction.
Penalty: 20 penalty units.
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14. Age dating
(1) The Minister may direct the holder of an authority
to undertake all reasonable steps to ascertain the
ages of rock strata penetrated by an exploration
well.
(2) The holder of an authority must comply with such
a direction within the time specified by the
Minister in giving the direction.
Penalty: 20 penalty units.
15. Well evaluation logs
(1) The holder of an authority must ensure that before
a well is cased (other than with surface or
intermediate casing), completed or abandoned, a
suite of logs is run and recorded.
Penalty: 20 penalty units.
(2) Sub-regulation (1) does not apply if
(a) there is an immediate threat to the integrity
of the well; or
(b) the Minister states in writing that a suite of
logs is not required before casing in certain
circumstances, and those circumstances
exist.
(3) The holder of an authority must ensure that the
suite of logs is sufficient to at least provide a
proper determination of
(a) formation porosity; and
(b) formation fluid saturation; and
(c) stratigraphic correlation with surrounding
wells; and
(d) if inadequate control exists in the vicinity of
the wellvelocity control.
Penalty: 20 penalty units.
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(4) The holder of an authority must ensure that a copy
of each log run is submitted to the Minister as
soon as is practicable after it is recorded.
Penalty: 20 penalty units.
16. Protection of aquifers
The holder of an authority must ensure that all
reasonable steps are undertaken during an
operation on a well to prevent communication
between, leakage from, or the pollution of,
aquifers.
Penalty: 20 penalty units.
17. Consent to conduct production or drill stem tests
(1) The holder of an authority must not conduct a
production or drill stem test in an exploration or
development well that has not been opened to
production except with, and in accordance with,
the written consent of the Minister.
Penalty: 20 penalty units.
(2) An application for consent must provide details of
the testing program and the equipment to be used.
18. Well completion
(1) The holder of an authority must ensure that the
surface and sub-surface equipment of a completed
well is, as far as is practicable, arranged to allow
the pressure and temperature at the well-head and
at the bottom of the well to be measured and to
allow any other test required for the maintenance
or management of the well or the reservoir.
Penalty: 20 penalty units.
(2) The holder of an authority must ensure that the
surface equipment is fitted with sampling means.
Penalty: 20 penalty units.
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(3) On the completion and any re-completion of a
well, the holder of an authority must make and
retain for inspection purposes an accurate record
of all
(a) sub-surface equipment; and
(b) material remaining in the well as a result of
maintenance work.
Penalty: 20 penalty units.
(4) The holder of an authority must ensure that before
opening a well to production and after every
major repair, re-completion or workover
operation, the well-head and flow line of the well
is pressure tested.
Penalty: 20 penalty units.
19. Protection of well site
The holder of an authority must ensure that
adequate controls are in place to protect a
completed well site from outside interference and
to ensure the safety of the public.
Penalty: 20 penalty units.
20. Disposal of oil or gas produced
The holder of an authority must ensure that any
oil or gas
(a) that is circulated out of, or produced from, a
well during a drilling, testing or repair
operation; and
(b) that has not flowed through the flow line of
the well to a gathering facility
is disposed of in a manner that minimises any
environmental damage in accordance with good
oil-field practice.
Penalty: 20 penalty units.
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21. Consent for workover operations
(1) The holder of an authority must ensure that a well
is not worked over except with, and in accordance
with, the written consent of the Minister.
Penalty: 20 penalty units.
(2) An application for consent must include details
of
(a) the zone in the well to be abandoned (if any);
and
(b) the zone in the well to be developed (if any);
and
(c) the proposed modifications, maintenance or
repair to equipment in the well (if any); and
(d) the proposed modifications, maintenance or
repair to the well-head and production
equipment (if any); and
(e) the proposed procedures for undertaking the
workover operation.
(3) The holder of an authority must ensure that a well
that is to be worked over for gas lift operations is
pressure tested in the 12 months before the
operations start to prove the integrity of the well
production casing, tubing and associated
equipment.
Penalty: 20 penalty units.
22. Cessation of drilling operations
The holder of an authority must ensure that a well
is made safe in accordance with good oil-field
practice whenever drilling operations cease.
Penalty: 20 penalty units.
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23. Consent to suspend or abandon a well
(1) The holder of an authority must ensure that a well
is not suspended except with, and in accordance
with, the written consent of the Minister.
Penalty: 20 penalty units.
(2) The holder of an authority must ensure that a well
with a measurable interval of petroleum is not
abandoned except with, and in accordance with,
the written consent of the Minister.
Penalty: 20 penalty units.
(3) An application for consent to suspend or abandon
a well must include
(a) the name and number of the well; and
(b) the reasons for the proposed suspension or
abandonment; and
(c) details of the proposed suspension or
abandonment program, including the method
by which the well will be made safe.
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PART 5PRODUCTION AND STORAGE OPERATIONS
24. Operation plan for production or storage operations
For the purposes of section 161 of the Act, an
operation plan for petroleum production or storage
operations must include
(a) details of each stage of the lifecycle of the
operation, including the facilities and
equipment to be used;
(b) an environment and safety assessment
which
(i) identifies the environment, health and
safety hazards and risks associated with
the operation; and
(ii) provides an assessment of the risks; and
(iii) identifies the measures to be used to
eliminate the hazards and to minimise
the risks so far as is practicable;
(c) a description of the management systems
required by regulation 4.
25. Design, construction, installation, maintenance and
modification
(1) An operation plan that applies to a facility must
specify an effective means of ensuring the
adequacy of the design, construction, installation,
maintenance and modification of the facility.
(2) Without limiting sub-regulation (1), the means
specified must ensure that at all times
(a) adequate inventory isolation and pressure
relief can occur in the event of an
emergency; and
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(b) there is access for servicing and maintaining
all parts of the facility; and
(c) the structural integrity of the facility is
maintained.
26. Consent to construct and install a facility
(1) The holder of an authority must not start to
construct or install a facility except with the
written consent of the Minister.
Penalty: 20 penalty units.
(2) An application for consent must include—
(a) details of the proposed design, layout,
location, construction and installation of the
facility; and
(b) independent validation of the adequacy of
the design, construction and installation of
plant included in the proposal.
(3) In giving such consent, the Minister may specify
any conditions that she or he considers to be
appropriate.
(4) The holder of an authority must ensure that any
such conditions are complied with.
Penalty: 20 penalty units.
27. Provisional acceptance of operation plan to
commission a facility
(1) The Minister may, by notice in writing,
provisionally accept an operation plan to the
extent that it applies to a facility to enable the
facility to be commissioned if she or he is satisfied
that the plan provides for the safe commissioning
of the facility.
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(2) The notice of acceptance must specify
(a) the period during which the provisional
acceptance is in force; and
(b) the extent to which the operation plan has
been accepted; and
(c) any limitations or conditions that apply in
respect to the use or operation of the facility.
(3) The Minister is not required to accept an operation
plan which has been provisionally accepted if the
holder of the authority does not comply with the
notice of acceptance.
28. Consent to modify a facility
(1) The holder of an authority must not make a
significant modification to a facility except with
the written consent of the Minister.
Penalty: 20 penalty units.
(2) An application for consent must include details of
the modification, including details of any change
to the risks associated with the use of the facility.
(3) In giving such consent, the Minister may specify
any conditions that she or he considers to be
appropriate.
(4) The holder of an authority must ensure that any
such conditions are complied with.
Penalty: 20 penalty units.
29. Petroleum production development plan
(1) For the purposes of section 63 of the Act, a
petroleum production development plan must
include
(a) a description of the relevant existing
geological and reservoir data and
interpretations of that data; and
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(b) details of proposed further data acquisition
and studies to enhance geological and
reservoir understanding; and
(c) a reservoir management plan that
(i) describes how the reservoir will be
produced; and
(ii) provides the reasons for adopting the
proposed approach; and
(iii) estimates the future performance of the
reservoir; and
(iv) specifies the proposed rate of recovery
of petroleum.
(2) The holder of an authority must ensure that the
plan is reviewed within 3 months after initial
production (unless the Minister agrees to a longer
period of time) and then at intervals not exceeding
one year.
Penalty: 20 penalty units.
(3) The holder of an authority must submit the results
of the review to the Minister as soon as is
practicable after the review is completed.
Penalty: 20 penalty units.
30. Storage development plan
(1) For the purposes of section 68 of the Act, a
storage development plan must include
(a) a description of the relevant existing
geological and reservoir data and
interpretations of that data; and
(b) details of proposed further data acquisition
and studies to enhance geological and
reservoir understanding; and
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(c) a reservoir management plan that
(i) estimates the remaining recoverable
reserves; and
(ii) evaluates the suitability of the reservoir
and seal for storage purposes; and
(iii) specifies the proposed storage
operating volume; and
(iv) specifies the proposed rates of injection
and recovery of petroleum; and
(v) details the method to be used to
monitor the petroleum-water contact;
and
(vi) provides information about any
proposals to conduct storage operations
at nearby petroleum fields.
(2) The holder of an authority must ensure that the
plan is reviewed at intervals not exceeding one
year.
Penalty: 20 penalty units.
(3) The holder of an authority must submit the results
of the review to the Minister as soon as is
practicable after the review is completed.
Penalty: 20 penalty units.
31. Petroleum production requirements
The holder of a production licence must ensure
that operations for
(a) the enhanced recovery of, or recycling of,
petroleum; and
(b) the processing, storage or disposal of
petroleum; and
(c) the injection and recovery of petroleum or
water into an underground formation
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are undertaken in accordance with good oil-field
practice.
Penalty: 20 penalty units.
32. Production testing
(1) The holder of a production licence must ensure
that before a petroleum completion or re-
completion is brought into production, or within
one month of being brought into production, the
well is subject to a production test to determine,
so far as is practicable
(a) representative chemical analyses of fluids
that exist in the reservoir; and
(b) the production capacity of the well.
Penalty: 20 penalty units.
(2) The holder of a production licence must notify the
Minister of a proposal to carry out a production
test on a newly discovered reservoir at least one
week before the test is undertaken.
Penalty: 20 penalty units.
(3) The holder of a production licence must ensure
that, unless reliable test data are in existence, a
completion that is subjected to a major stimulation
procedure (such as fracturing or acidizing) is
tested in accordance with sub-regulation (4) not
more than 6 months before the stimulation and is
further tested within 3 months after the
stimulation.
Penalty: 20 penalty units.
(4) The tests must be appropriate to determine, so far
as is practicable, any changes
(a) to the fluid flowing from the completion as a
result of the stimulation; and
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(b) to the production capacity of the completion
as a result of the stimulation; and
(c) to the formation characteristics as a result of
the stimulation.
Penalty: 20 penalty units.
33. Reporting of rate of recovery and composition of
petroleum
The holder of a production licence must ensure
that a report on the rate of recovery and the
composition of produced petroleum and other
fluids is submitted to the Minister at intervals not
exceeding one month.
Penalty: 20 penalty units.
34. Well performance monitoring
(1) The holder of a production licence must ensure
that, if downhole equipment permits, bottom hole
pressure build-up surveys are conducted on each
producing well for a reservoir at intervals not
exceeding the greater of
(a) one year; or
(b) the time required to produce 10% of the
currently estimated total recoverable
reserves of the reservoir.
Penalty: 20 penalty units.
(2) The holder of a production licence must ensure
that
(a) each producing gas well is tested to
determine changes in the flow characteristics
of the well at intervals not exceeding 4 years;
and
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(b) each producing gas well is tested to
determine water production at intervals not
exceeding 6 months.
Penalty: 20 penalty units.
35. Concurrent production
(1) The Minister may direct the holder of a
production licence to ensure that a completion is
not produced as a gas completion if, in her or his
opinion, the reservoir could commercially produce
oil.
(2) However, the Minister must not make a direction
to prevent the concurrent production of gas and oil
from the reservoir if, in her or his opinion, it is not
detrimental to the ultimate recovery of
hydrocarbons from the reservoir.
(3) Before making a direction, the Minister must
(a) advise the holder of the production licence in
writing of her or his intention to issue the
direction; and
(b) provide the licence holder with 30 days to
comment on the proposed direction; and
(c) consider any comments made by the licence
holder.
(4) The holder of a production licence must ensure
that a direction made by the Minister is complied
with.
Penalty: 20 penalty units.
36. Production prohibited if pressure below bubble point
(1) The holder of a production licence must ensure
that an oil completion is not produced so that the
bottom hole pressure is below the bubble point
pressure.
Penalty: 20 penalty units.
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(2) Despite sub-regulation (1), the Minister may, on
the application of the holder of a production
licence, approve production of an oil completion
that does not comply with sub-regulation (1) if the
Minister is satisfied that it will not lead to the
undue loss of petroleum.
(3) In giving such approval, the Minister may specify
any conditions that she or he considers necessary
to prevent the undue loss of petroleum.
(4) The holder of a production licence must ensure
that any such conditions are complied with.
Penalty: 20 penalty units.
37. Production from different reservoirs not to be
commingled
(1) The holder of a production licence must, unless
otherwise approved by the Minister, ensure that
petroleum and water recovered from more than
one reservoir in a well or from different reservoirs
from more than one well is not commingled until
the petroleum and water pass a point where the
quantity and composition of the petroleum and
water from each reservoir and each well is
determined.
Penalty: 20 penalty units.
(2) The holder of an authority must ensure that the
effectiveness of segregation between completions
of a multiple completion well is tested on
completion of the well, after sub-surface
modifications are made to the well and at intervals
not exceeding one year.
Penalty: 20 penalty units.
(3) The holder of an authority must submit the results
of the tests to the Minister as soon as is
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Penalty: 20 penalty units.
(4) If a test indicates that segregation is ineffective,
the Minister may direct that one or more of the
completions be sealed off or that the well be shut-
in.
(5) The holder of a production licence must ensure
that a direction made by the Minister is complied
with.
Penalty: 20 penalty units.
38. Prevention of cross flow
(1) If a completion is shut-in, the holder of a
production licence must ensure that the
completion is left in a condition that will prevent
deleterious cross flow between zones.
Penalty: 20 penalty units.
(2) Sub-regulation (1) does not apply if a completion
is shut-in in an emergency.
39. Oil, gas or water wastage
(1) The Minister may, if she or he considers that there
is a reasonable possibility that oil, gas or water is
being wasted, direct the holder of a production
licence to carry out specified tests to determine if
waste is occurring.
(2) The holder of a production licence must submit
the results of any test undertaken under this
regulation to the Minister as soon as is
practicable.
Penalty: 20 penalty units.
(3) If the results of the tests establish that waste is
occurring, the holder of a production licence must
take such steps as are necessary to remedy or
prevent the waste.
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Penalty: 20 penalty units.
(4) The Minister may direct the holder of a
production licence to carry out further tests to
determine the effectiveness of the steps
undertaken to remedy or prevent the waste.
(5) The holder of a production licence must ensure
that a direction made by the Minister under this
regulation is complied with.
Penalty: 20 penalty units.
40. Disposition of gas
The holder of a production licence must ensure
that, subject to these Regulations, gas under the
control of the holder of the production licence
within the licence area is not used or produced for
any purpose other than
(a) to be sold; or
(b) to be used in the facility in accordance with
the operation plan; or
(c) to be re-injected into a reservoir for reservoir
maintenance purposes in accordance with the
petroleum production development plan; or
(d) to be injected into a reservoir for storage
purposes in accordance with the storage
development plan.
Penalty: 20 penalty units.
41. Flaring of gas
The holder of a production licence must ensure
that during the cleaning up or testing of a gas
completion, the amount of gas flared is kept to a
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minimum in accordance with good oil-field
practice.
Penalty: 20 penalty units.
42. Consent to vent or flare petroleum
The holder of a production licence must ensure
that venting or flaring of petroleum is not carried
out except
(a) in an emergency; or
(b) with the consent of the Minister.
Penalty: 20 penalty units.
43. Notification of wireline operations and changes to
subsurface equipment
(1) The holder of a production licence must ensure
that the Minister is given prior notice of
(a) a non-routine wireline operation in a well; or
(b) a change to an item of subsurface equipment
in a well.
Penalty: 20 penalty units.
(2) Sub-regulation (1) does not apply in an
emergency.
44. Consent to suspend or abandon a facility
(1) The holder of an authority must not suspend or
abandon a facility except with, and in accordance
with, the written consent of the Minister.
Penalty: 20 penalty units.
(2) An application for consent to abandon must
include details of the dismantling and removal of
the facility.
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PART 6PROVISIONS RELATING TO OPERATION PLANS
GENERALLY
45. Additional information
(1) If an operation plan has been submitted, the
Minister may, by notice in writing, require the
holder of an authority to provide any additional
information that the Minister considers to be
relevant to acceptance of the plan.
(2) The Minister is not required to accept an operation
plan until the additional information is provided.
46. Review of operation plans
(1) The holder of an authority must ensure that an
operation plan is reviewed when there is a
significant change to the risks associated with the
operation and at intervals not exceeding 5 years.
Penalty: 20 penalty units.
(2) The holder of an authority must submit the results
of the review to the Minister as soon as is
practicable after the review is completed.
Penalty: 20 penalty units.
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PART 7ROYALTIES AND RENT
47. Time of payment of royalties
(1) Unless otherwise specified in a production
licence, royalties must be paid for each period of 6
months ending on 30 June and 31 December in
each year and must be paid within 10 days of the
expiry of the period for which they are payable.
(2) Unless otherwise specified in a production
licence, the royalty payment for the period must
be accompanied by a copy of records of the
quantity of petroleum extracted or recovered in
that period from any well within the licence area
as measured by an approved measuring device.
(3) The holder of a production licence must retain a
copy of records of petroleum extracted or
recovered for inspection purposes for 5 years.
Penalty: 20 penalty units.
(4) Sub-regulations (2) and (3) do not apply in
relation to a well in any period in which the
quantity of petroleum extracted or recovered from
that well in that period was determined by the
Minister in accordance with section 153(3) of the
Act.
48. Rent for occupancy of Crown land
(1) In this regulation
"valuer-general" means the person appointed as
the valuer-general under section 3 of the
Valuation of Land Act 1960.
(2) Unless otherwise specified in an authority, the
rent payable for the purposes of section 160(3) of
the Act is the rent determined by a valuer
nominated by the valuer-general.
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(3) The rent is the current market value for occupying
the land, having regard to the use of the land
permitted by the authority.
(4) The holder of the authority is liable for the costs
incurred in obtaining the determination.
(5) The rent must be reviewed by a valuer nominated
by the valuer-general at intervals not exceeding
3 years but not less than one year.
(6) Rent must be paid for each period of 6 months
ending on 30 June and 31 December in each year
and must be paid within 10 days of the
commencement of the period for which the rent is
payable.
49. Application for variation to royalty rate
A person who applies for a variation to the royalty
rate or for a different method of collecting
revenue under section 156 of the Act must also
provide an economic assessment supporting the
application.
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PART 8ADMINISTRATIVE MATTERS
Division 1Fees
50. Annual fees
(1) The annual fee for an exploration permit is
$0.50 per square kilometre and must be paid
(a) within 7 days of registration of the permit;
and
(b) before the expiry of each 12 month period
after the date of registration.
(2) The annual fee for a retention lease is $5000 and
must be paid
(a) within 7 days of registration of the lease; and
(b) before the expiry of each 12 month period
after the date of registration.
(3) The annual fee for a production licence is $10 000
and must be paid
(a) within 7 days of registration of the licence;
and
(b) before the expiry of each 12 month period
after the date of registration.
51. Late fee for renewal of exploration permits
The late fee for the purposes of section 29(3) of
the Act is $100.
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Division 2Pecuniary interest statements
52. Definitions
In this Division
"family", in relation to an officer, means
(a) a spouse or defacto spouse of that
officer; or
(b) any related person who is under the age
of 18 years and who normally resides
with that officer;
"reportable interest", in relation to an officer,
means a pecuniary interest of the officer, or
of a member of the officer's family, which
might appear to raise a conflict with the
officer's responsibilities as an officer but
does not include any remuneration or
allowance received by an officer under the
Act or the Public Sector Management and
Employment Act 1998;
"interest register" means the register of interests
of officers established under regulation 54;
"officer" means a person who is employed in the
administration of the Act.
53. Duty of disclosure of pecuniary interests
(1) An officer must disclose all reportable interests to
the Minister within 30 days of becoming an
officer.
(2) An officer must disclose any change in a
reportable interest to the Minister within 30 days
of becoming aware of the change.
(3) An officer must not perform or exercise any
function or power under the Act in relation to a
matter to which a reportable interest relates unless
the Minister authorises her or him to do so.
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54. Disclosure of interest register
The Minister must cause an interest register to be
established and maintained containing the
information included in disclosures submitted to
the Minister under regulation 53.
55. Inspection of register
The interest register must be kept at a place
nominated by the Minister and must be open to
inspection by any person who has the consent of
the Minister.
Division 3Other administrative matters
56. Time period before a disputed claim can go to
Tribunal or Court
Unless otherwise agreed by the owner or occupier
of land and the holder of an authority for that
land, the period of time for the purposes of section
134(2) of the Act is
(a) if the claim for compensation relates to
petroleum exploration14 days after the
claim is first made; and
(b) if the claim for compensation relates to
petroleum production30 days after the
claim is first made.
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