Part 1 Preliminary
1.01 Name of Regulations
These Regulations are the Offshore Petroleum and
Greenhouse Gas Storage (Resource Management and Administration) Regulations 2011.
1.02 Commencement
These Regulations commence on the day after they
are registered.
1.03 Repeal
Offshore Petroleum and Greenhouse Gas Storage (Greenhouse Gas
Datum) Regulations 2010
(1) Select Legislative Instrument 2010, No. 29 is
repealed.
Offshore Petroleum and Greenhouse Gas Storage (Management of
Greenhouse Gas Well Operations) Regulations 2010
(2) Select Legislative Instrument 2010, No. 28 is
repealed.
Offshore Petroleum and Greenhouse Gas Storage Regulations 1985
(3) The following legislative instruments are repealed:
·
SR 1985, No. 174
·
SR 1987, No. 293
·
SR 1990, No. 54
·
SR 2000, No. 248
·
SR 2003, No. 23
·
SR 2004, No. 326
·
SLI 2009, No. 153.
Petroleum (Submerged Lands) (Data Management) Regulations 2004
(4) The following legislative instruments are repealed:
·
SR 2004, No. 111
·
SLI 2007, No. 316.
Petroleum (Submerged Lands) (Datum) Regulations 2002
(5) Statutory Rule 2002, No. 198 is repealed.
Petroleum (Submerged Lands) (Management of Well Operations)
Regulations 2004
(6) Statutory Rule 2004, No. 344 is repealed.
Petroleum (Submerged Lands) (Pipelines) Regulations 2001
(7) The following legislative instruments are repealed:
·
SR 2001, No. 314
·
SR 2004, No. 274
·
SLI 2009, No. 384.
1.04 Object
of Regulations
(1) An object of these Regulations is to ensure that
operations in an offshore area are:
(a) carried out in accordance with good oilfield
practice; and
(b) compatible with the optimum long‑term
recovery of petroleum.
(2) An object of these Regulations is to ensure that
the administrators of the Act are informed, in a timely and consistent manner,
of:
(a) exploration for petroleum and greenhouse gas
storage formations; and
(b) the discovery of petroleum and potential
storage formations; and
(c) the appraisal of discoveries; and
(d) development and production operations in
relation to petroleum, and injection operations in relation to greenhouse gas
substances; and
(e) the results of operations.
(3) The other objects of these Regulations are:
(a) to provide a framework for encouraging the
adequate collection, retention and timely dissemination of petroleum and
greenhouse gas data; and
(b) to assist in ensuring the adequacy of the
data acquired; and
(c) to allow for the efficient management of
data confidentiality and the disclosure of data on completion of the relevant
confidentiality periods.
1.05 Definitions
In these Regulations:
accepted field development plan means a field
development plan that has been accepted by the Joint Authority under
regulation 4.05, as varied from time to time under regulation 4.10.
accepted well operations management plan
means a well operations management plan that has been accepted by the Safety Authority
or responsible Commonwealth Minister under regulation 5.07, as varied from
time to time under regulation 5.13.
Act means the Offshore Petroleum and
Greenhouse Gas Storage Act 2006.
commencement day means the day that these
Regulations commence.
end of the operation means:
(a) for a regulated operation related to the
drilling of a well — the date on which the rig is released; and
(b) for a regulated operation conducted on a well
after the well is completed — the date on which the operation ceased; and
(c) for a survey — the date on which the
acquisition of the data is completed.
excluded information has the meaning given by
regulation 1.06.
greenhouse gas title means:
(a) a greenhouse gas assessment permit; or
(b) a greenhouse gas holding lease; or
(c) a greenhouse gas injection licence; or
(d) a greenhouse gas search authority; or
(e) a greenhouse gas special authority; or
(f) a greenhouse gas research consent.
greenhouse gas titleholder means:
(a) a greenhouse gas assessment permittee; or
(b) a greenhouse gas holding lessee; or
(c) a greenhouse gas injection licensee; or
(d) a registered holder of a greenhouse gas
search authority; or
(e) a registered holder of a greenhouse gas
special authority; or
(f) a holder of a greenhouse gas research
consent.
named month means one of the 12 months
of the calendar year.
non-exclusive data means data that is made
available for commercial sale or license.
open information about a survey means any of
the following information:
(a) the name of the survey;
(b) the title under which the survey is being
conducted;
(c) the name of the titleholder;
(d) the basin and sub-basin (if applicable) in
which the survey is being conducted;
(e) the type of survey;
(f) the size of the survey in:
(i) for a 2‑dimensional survey —
kilometres; or
(ii) for a 3‑dimensional survey —
square kilometres;
(g) the name of the vessel or aircraft conducting
the survey;
(h) the name of the contractor conducting the
survey;
(i) the dates on which the survey starts and
ends or is proposed to start and end;
(j) whether the survey is exclusive or
non-exclusive;
(k) navigation data for the survey, in the form
of:
(i) for a 2‑dimensional survey —
line ends and bends; or
(ii) for a 3‑dimensional seismic
survey — a full fold polygon outline; or
(iii) for other 3-dimensional
surveys — a polygon outline.
open information about a well means any of
the following information:
(a) the name of the well;
(b) the offshore area in which the well is
located;
(c) the basin and sub‑basin (if applicable) in
which the well is located;
(d) the well’s latitude and longitude;
(e) the name of the title area in which the well
is located;
(f) the name of the titleholder;
(g) the purpose of the well (for example
development, appraisal, exploration or stratigraphy);
(h) if the well is a sidetrack — the name of
the parent well;
(i) the well’s spud date;
(j) the water depth at the well;
(k) what is being used as the depth reference for
the well (for example the Kelly bushing or the rig floor);
(l) the height of the depth reference above sea
level;
(m) the name of the rig drilling the well;
(n) the rig’s make and model;
(o) the name of the rig contractor;
(p) the rig release date;
(q) the status of the well (for example
producing, suspended or abandoned).
petroleum title means:
(a) a petroleum exploration permit; or
(b) a petroleum retention lease; or
(c) a petroleum production licence; or
(d) a petroleum special prospecting authority; or
(e) a petroleum access authority; or
(f) a scientific investigation consent.
petroleum titleholder means:
(a) a petroleum exploration permittee; or
(b) a petroleum retention lessee; or
(c) a petroleum production licensee; or
(d) the registered holder of a petroleum special
prospecting authority; or
(e) the registered holder of a petroleum access
authority; or
(f) the holder of a scientific investigation
consent.
risk means the likelihood of a specific,
undesired, event occurring within a specific period or in specified
circumstances.
Note A risk may be understood as a
frequency (the number of specified events occurring within a period) or a
probability (the likelihood of a specific event following another event).
seismic extracted data grid means a series
of vertical cross‑sections extracted from a 3-dimensional seismic data volume that
form a grid of which:
(a) one direction is along the direction of
seismic data acquisition; and
(b) the other direction is at right angles to the
direction of seismic data acquisition; and
(c) the vertical cross-sections are spaced 5
kilometres apart in both directions.
title means:
(a) a greenhouse gas title; or
(b) an infrastructure licence; or
(c) a pipeline licence; or
(d) a petroleum title.
title area means:
(a) for a petroleum exploration permit or
greenhouse gas assessment permit — the permit area; and
(b) for a petroleum retention lease or greenhouse
gas holding lease — the lease area; and
(c) for a petroleum production licence,
infrastructure licence, or greenhouse gas injection licence — the licence
area; and
(d) for a petroleum special prospecting authority,
petroleum access authority, greenhouse gas search authority or greenhouse gas
special authority — the authority area; and
(e) for a scientific investigation consent or
greenhouse gas research consent — the offshore area specified in the
consent.
titleholder means:
(a) a greenhouse gas titleholder; or
(b) an infrastructure licensee; or
(c) a pipeline licensee; or
(d) a petroleum titleholder.
1.06 Meaning
of excluded information
(1) This regulation sets out the type of information
that is excluded information.
(2) Information about the following is excluded
information:
(a) the technical qualifications of a
titleholder or an applicant for a title;
(b) the technical advice available to a
titleholder or an applicant for a title;
(c) the financial resources available to a
titleholder or an applicant for a title.
(3) Information contained in the following documents is excluded
information:
(a) an application for a petroleum exploration
permit under section 104, 110 or 115 of the Act;
(b) an application for renewal of a petroleum
exploration permit under section 119 of the Act;
(c) an application for a petroleum retention
lease under section 141 or 147 of the Act;
(d) an application for renewal of a petroleum
retention lease under section 153 of the Act;
(e) the results of a re-evaluation of the
commercial viability of petroleum production in a lease area under
subsection 136 (5) of the Act;
(f) an application for a petroleum production
licence under section 168, 170 or 178 of the Act or under clause 2 or 4 of
Schedule 4 to the Act;
(g) an application for renewal of a petroleum
production licence under section 184 of the Act;
(h) an application for a greenhouse gas
assessment permit under section 296 or 303 of the Act;
(i) an application for renewal of a greenhouse
gas assessment permit under section 308 of the Act;
(j) an application for a greenhouse gas holding
lease under section 324, 330, 336 or 343 of the Act;
(k) an application for renewal of a greenhouse
gas holding lease under section 347 of the Act;
(l) an application for a greenhouse gas
injection licence under section 349 or 361 of the Act;
(m) a report given under Part 2 or Part 3 of these
Regulations;
(n) a field development plan submitted under
regulation 4.04;
(o) a variation of a field development plan
submitted under regulation 4.08.
(4) For subregulation (3), it does not matter
whether a document was prepared or submitted before or after the commencement
of these Regulations.
(5) However, subregulation (3) does not apply to information
that is also contained in a document not listed in subregulation (3) that
is given to the Designated Authority or responsible Commonwealth Minister.
Part 2 Notification and reporting of discovery of petroleum
Division 1 Petroleum titleholders
2.01 Application
This Division applies to a petroleum exploration
permittee, petroleum retention lessee or petroleum production licensee who is required,
under section 284 of the Act, to notify the Designated Authority of a discovery
of petroleum.
Note Section 284 of the Act applies if
petroleum is discovered in a petroleum exploration permit area, a petroleum
retention lease area or a petroleum production licence area.
2.02 Requirement
to provide information with notification of discovery of petroleum
A petroleum titleholder must provide the following
information when notifying the Designated Authority:
(a) the title
in which the discovery was made;
(b) the name of the well through which the
discovery was made;
(c) the blocks in which the discovery is
situated;
(d) if the rate or quantity of production of
petroleum and water from the discovery well has been determined — the rate
or quantity;
(e) the physical and chemical properties of the
petroleum from the discovery well that have been determined;
(f) if the physical properties of the pool from
which the petroleum is recovered have been determined — the properties;
(g) each preliminary estimate of the quantities
of petroleum in place that has been made.
2.03 Designated
Authority may request information to be included in discovery assessment report
(1) The Designated Authority may, within 7 days
after being notified by a petroleum titleholder of a discovery of petroleum
under section 284 of the Act, ask the titleholder in writing to
include additional information about the discovery in the titleholder’s
discovery assessment report under regulation 2.04.
Note Section 284 of the Act requires
notification of a discovery within 30 days after completion of the
discovery well. Regulation 2.04 requires a further report about the
discovery within 90 days after completion of the discovery well.
(2) The request must specify the information sought and
the reasons for the request.
(3) After receiving the request, the titleholder may
give the Designated Authority a written statement that:
(a) the information is not within the
titleholder’s knowledge; or
(b) the titleholder is unable to obtain the
information.
(4) If the Designated Authority is satisfied (whether
or not because of a statement under subregulation (3)) that the
titleholder cannot comply with the request because:
(a) the information is not within the
titleholder’s knowledge; or
(b) the titleholder is unable to obtain the
information;
the Designated Authority must, as soon as practicable, give the
titleholder a notice in writing withdrawing the request.
2.04 Requirement to provide discovery assessment report
(1) A petroleum titleholder commits an offence if:
(a) the titleholder has notified the Designated
Authority of a discovery of petroleum in accordance with section 284 of the
Act; and
(b) the titleholder does not give the Designated
Authority a discovery assessment report for the title area within:
(i) 90 days after completion of the
well that resulted in the discovery; or
(ii) if the Designated Authority
authorises the titleholder to give the report within another period — the
other period.
Penalty: 60 penalty units.
(2) An offence against subregulation (1) is an offence
of strict liability.
Note For strict liability,
see section 6.1 of the Criminal Code.
(3) In this regulation:
discovery assessment report means a report
that includes the following information:
(a) the title in which the discovery was made;
(b) a preliminary estimate of the location and
areal extent of the petroleum pool;
(c) details of the geological structure in which
the petroleum is located;
(d) the results of all assessments of the
discovery;
(e) a preliminary estimate of the quantity of
petroleum in the petroleum pool;
(f) the data used to estimate the quantity of
petroleum in the petroleum pool;
(g) a preliminary estimate of the quantity of
recoverable petroleum in the petroleum pool;
(h) details of the petroleum titleholder’s plans
for further evaluation of the discovery, including the work that
the titleholder proposes to carry out in the title area in the next 12 months from
the date of the report;
(i) if the Designated Authority has issued a
notice to the petroleum titleholder under regulation 2.03 and the notice
has not been withdrawn — the information specified in the notice.
Division 2 Greenhouse gas titleholders
2.05 Application
This Division applies to a greenhouse gas
assessment permittee, greenhouse gas holding lessee or greenhouse gas injection
licensee who is required, under section 452 of the Act, to notify the
responsible Commonwealth Minister of a discovery of petroleum.
Note Section 452 of the Act applies
if petroleum is discovered in a greenhouse gas assessment permit area, a
greenhouse gas holding lease area or a greenhouse gas injection licence area.
2.06 Requirement
to provide petroleum discovery report
(1) A greenhouse gas titleholder commits an offence if:
(a) the titleholder has notified the responsible
Commonwealth Minister of a discovery of petroleum in accordance with section 452
of the Act; and
(b) the titleholder does not give the Minister, within
60 days after completion of the well that resulted in the discovery, a report
that includes the information mentioned in subregulation (3).
Penalty: 60 penalty
units.
(2) An offence against subregulation (1) is an offence
of strict liability.
Note For strict liability,
see section 6.1 of the Criminal Code.
(3) For subregulation (1), the information that
the report must include is:
(a) the location of the petroleum discovery in
the title area; and
(b) if any production tests have been conducted
on the discovered petroleum — the results of the tests.
Part 3 Title assessment reports
3.01 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 greenhouse gas assessment permittee;
(e) a greenhouse gas holding lessee.
3.02 Definition
In this Part:
Regulator means:
(a) for a petroleum exploration permit,
petroleum retention lease or petroleum production licence — the Designated
Authority; and
(b) for a greenhouse gas assessment permit or
greenhouse gas holding lease — the responsible Commonwealth Minister.
3.03 Requirement
to provide annual title assessment report
(1) A titleholder commits an offence if the titleholder
does not give an annual title assessment report, providing the required
information for a year of the term of the title, to the Regulator within:
(a) 30 days after the day on which the year of
the term ends; or
(b) if the Regulator authorises the titleholder
to give the report within another period — the other period.
Penalty: 60 penalty
units.
Note Year of the term is defined
in section 10 of the Act. A year of the term of a title commences on the
day that the title comes into force or on any anniversary of that day.
(2) An offence against subregulation (1) is an offence
of strict liability.
Note For strict liability,
see section 6.1 of the Criminal Code.
(3) For subregulation (1), the required information is:
(a) from a petroleum exploration
permittee — the information mentioned in subregulation 3.06 (1); or
(b) from a petroleum retention lessee — the
information mentioned in subregulation 3.07 (1); or
(c) from a petroleum production licensee —
the information mentioned in subregulation 3.08 (1); or
(d) from a greenhouse gas assessment
permittee — the information mentioned in subregulation 3.09 (1);
or
(e) from a greenhouse gas holding lessee —
the information mentioned in subregulation 3.10 (1).
3.04 Reports
may be combined with permission
A titleholder with more than one title may combine
the annual title assessment reports into a single document with the written
agreement of the Regulator.
3.05 Title
assessment report for part of a year
(1) This regulation applies if:
(a) a title ceases to be in force (whether
because the title has expired or because the title has been surrendered,
cancelled, revoked or terminated); and
(b) the term of the title was not a whole number
of years.
Note This regulation may apply when a
title has been renewed. The renewal of a title is taken to be the grant of a
new title on the day after the expiry of the previous title — see
section 11 of the Act.
(2) The Regulator may, by notice in writing, require the
titleholder to give a title assessment report to the Regulator for the period
at the end of the term that was not a year of the term.
(3) The notice must specify:
(a) the information that must be provided in the
report; and
(b) the date by which the report must be given.
(4) For paragraph (3) (a), only information
that would be required from the titleholder in an annual title assessment
report under regulation 3.03 may be specified.
(5) For paragraph (3) (b), the date must be at least 30
days after the day that the notice is given.
Offence – failure to give report when required
(6) A titleholder commits an offence if:
(a) the Regulator gives the titleholder a notice
under subregulation (2); and
(b) the titleholder does not comply with the
notice.
Penalty: 60 penalty
units.
3.06 Information
to be provided in annual title assessment report — petroleum exploration
permit
(1) For regulation 3.03, the required information from
a petroleum exploration permittee is:
(a) a description of work and expenditure
commitments as detailed in the permit; and
(b) for all work, evaluations and studies
carried out in relation to the permit:
(i) the total expenditure of the work,
evaluation and studies; and
(ii) the results of the work, evaluation
and studies, including details about any leads and prospects identified; and
(c) a list of the reports submitted to the
Designated Authority in accordance with these Regulations during the year; and
(d) for the work, evaluations and studies expected
to be carried out in relation to the permit during the next year of the permit:
(i) a description of work commitments
and expenditure estimates; and
(ii) a description of the measures
taken by the permittee to prepare for the work mentioned in subparagraph (i);
and
(e) any other information that is required to be
included in the annual title assessment report by a condition of the permit.
(2) An annual title assessment report may include any
other information that the permittee believes is relevant to the petroleum
exploration permit.
3.07 Information
to be provided in annual title assessment report — petroleum retention
lease
(1) For regulation 3.03, the required information from
a petroleum retention lessee is:
(a) a description of work and expenditure
commitments as detailed in the lease; and
(b) for all work, evaluations and studies
carried out in relation to the lease:
(i) the total expenditure of the work,
evaluation and studies; and
(ii) the results of the work,
evaluation and studies, including details about any leads and prospects
identified; and
(c) a list of the reports submitted to the
Designated Authority in accordance with these Regulations during the year; and
(d) details of the lessee’s plans for further
evaluation of discoveries, including work that is to be carried out in the
lease area; and
(e) for the work, evaluations and studies
expected to be carried out in relation to the lease during the next year of the
lease:
(i) a description of work commitments
and expenditure estimates; and
(ii) a description of the measures
taken by the lessee to prepare for the work mentioned in subparagraph (i); and
(f) for a year after the first year of the
lease — the following information about each petroleum pool situated in
the lease area:
(i) a description of the pool;
(ii) any new information relating to
the evaluation of the pool;
(iii) an estimate of the quantity of
petroleum in the pool at the end of the previous year;
(iv) an estimate of recoverable
petroleum in the pool at the end of the previous year;
(v) any new or revised data upon which
the estimates in subparagraphs (iii) and (iv) are based, including a report of
any study carried out that has resulted in a revised estimate;
(vi) a table summarising the resource
and reserve quantities mentioned in subparagraphs (iii) and (iv); and
(g) any other information that is required to be
included in the annual title assessment report by a condition of the lease.
(2) An annual title assessment report may include any
other information that the lessee believes is relevant to the petroleum
retention lease.
3.08 Information
to be provided in annual title assessment report — petroleum production
licence
(1) For regulation 3.03, the required information from
a petroleum production licensee is:
(a) details of any activities the licensee plans
to undertake in the licence area in compliance with a condition of the licence;
and
(b) a list of the reports submitted to the
Designated Authority in accordance with these Regulations during the year; and
(c) details of the licensee’s plans for further
evaluation of the licence area, including work that is to be carried out in the
licence area and is not covered by paragraph (a); and
(d) a production forecast for each producing or
potential development project; and
(e) a description of any leads and prospects in
the licence area; and
(f) for a year after the first year of the
licence — the following information about each petroleum pool situated in
the licence:
(i) a description of the pool;
(ii) any new information relating to
the evaluation of the pool;
(iii) an estimate of the quantity of
petroleum in the pool at the end of the previous year;
(iv) an estimate of recoverable
petroleum in the pool at the end of the previous year;
(v) any new or revised data upon which
the estimates in subparagraphs (iii) and (iv) are based, including a report of
any study carried out that has resulted in a revised estimate;
(vi) a table summarising the resource
and reserve quantities mentioned in subparagraphs (iii) and (iv); and
(g) the total amount of petroleum produced during
the year; and
(h) the amount of each substance injected into a
reservoir during the year; and
(i) the amount of each substance flared or
vented during the year; and
(j) any other information that is required to be
included in accordance with a condition of the petroleum production licence.
(2) An annual title assessment report may include any
other information that the licensee believes is relevant to the petroleum
production licence.
3.09 Information
to be provided in annual title assessment report — greenhouse gas
assessment permit
(1) For regulation 3.03, the required information from
a greenhouse gas assessment permittee is:
(a) a description of work and expenditure
commitments as detailed in the permit; and
(b) for all work, evaluations and studies
carried out in relation to the permit:
(i) the total expenditure of the work,
evaluation and studies; and
(ii) the results of the work,
evaluation and studies, including details about any leads and prospects
identified; and
(c) a list of the reports submitted to the
responsible Commonwealth Minister in accordance with these Regulations during
the year; and
(d) for the work, evaluations and studies expected
to be carried out in relation to the permit during the next year of the permit:
(i) a description of work commitments
and expenditure estimates; and
(ii) a description of the measures
taken by the permittee to prepare for the work mentioned in
subparagraph (i); and
(e) any other information that is required to be
included in the annual title assessment report by a condition of the permit.
(2) An annual title assessment report may include any
other information that the permittee believes is relevant to the greenhouse gas
assessment permit.
3.10 Information
to be provided in annual title assessment report — greenhouse gas holding
lease
(1) For regulation 3.03, the required information from
a greenhouse gas holding lessee is:
(a) a description of work and expenditure
commitments as detailed in the lease; and
(b) for all work, evaluations and studies
carried out in relation to the lease:
(i) the total expenditure of the work,
evaluation and studies; and
(ii) the results of the work,
evaluation and studies; and
(c) a list of the reports submitted to the
responsible Commonwealth Minister in accordance with these Regulations during
the year; and
(d) details of the lessee’s plans for further
evaluation work, including work that is to be carried out in the lease area;
and
(e) for the work, evaluations and studies
expected to be carried out in relation to the lease during the next year of the
lease:
(i) a description of work commitments
and expenditure estimates; and
(ii) a description of the measures
taken by the lessee to prepare for the work mentioned in subparagraph (i); and
(f) any other information that is required to be
included in the annual title assessment report by a condition of the lease.
(2) An annual title assessment report may include any
other information that the lessee believes is relevant to the greenhouse gas
holding lease.
Part 4 Field
development plans and approvals of petroleum recovery
Division 1 Preliminary
4.01 Definitions
In this Part:
field, in relation to a field development
plan, means an area within the licence area that is subject to the plan.
licence area, in relation to an
applicant for a petroleum production licence, means the area constituted by the
block or blocks that will be the subject of the petroleum production licence if
the licence is granted.
major change, in relation to the recovery of
petroleum from a field, includes the following:
(a) the petroleum production licensee changes
the development strategy or management strategy of a field or a petroleum pool;
(b) the petroleum production licensee changes the
plan for the development of additional pools in the field;
(c) the petroleum production licensee ceases
production, permanently or for the long term, before the date proposed in the
field development plan;
(d) the petroleum production licensee introduces
new methods for the petroleum recovery, such as enhanced recovery and injection
of fluids.
significant event includes the following:
(a) a change in the understanding of the
characteristics of the geology or reservoir that may have a significant impact
on the optimum recovery of petroleum;
(b) a new or increased risk to the recovery of
petroleum within the licence area;
(c) a new or increased risk to the recovery of
petroleum outside the licence area caused by the development of pools in the
licence area;
(d) a new or increased risk of activities in the
licence area causing effects outside the licence area (for example aquifer
depletion caused by hydrocarbon extraction);
(e) change to the proposed option for
development of pools in the licence area, including any tie-in opportunity with
nearby licence areas.
Division 2 Field
development plan requirements for petroleum production licensees
4.02 Requirement to have an accepted field
development plan
(1) A petroleum production licensee commits an offence
if:
(a) the licensee undertakes the recovery of
petroleum from a petroleum pool in the licence area; and
(b) the recovery is not on an appraisal basis;
and
(c) at the time of the recovery of the
petroleum, the licensee does not have:
(i) an accepted field development plan
in force for a field that includes the petroleum pool; or
(ii) an approval, under regulation 4.15,
to undertake the recovery of petroleum without an accepted field development
plan; or
(iii) an exemption under the
transitional provisions of regulation 4.16.
Penalty: 80 penalty
units.
Note 1 The Act also requires a licensee
to undertake the recovery operation in accordance with good oilfield practice —
see section 569.
Note 2 This offence applies to a
petroleum production licensee. Recovery of petroleum in an offshore area
without a petroleum production licence or other authorisation under the Act is
an offence under section 160 of the Act.
(2) An offence against subregulation (1) is an offence
of strict liability.
Note For strict liability,
see section 6.1 of the Criminal Code.
4.03 Requirement
to undertake activities in accordance with accepted field
development plan
A petroleum production licensee commits an offence
if:
(a) the licensee has an accepted field
development plan in force for a field in the licence area; and
(b) the licensee undertakes an activity in the
licence area; and
(c) the undertaking of the activity is not
consistent with the field development plan.
Penalty: 80 penalty units.
Division 3 Obtaining
acceptance of field development plan
4.04 Application
for acceptance of field development plan
(1) A person who is a petroleum production licensee or
an applicant for a petroleum production licence may apply to the Designated Authority
for the Joint Authority to accept a field development plan.
(2) The application must be accompanied by the field
development plan.
4.05 Joint
Authority decision on field development plan
(1) As soon as practicable after a person gives a field
development plan to the Designated Authority under regulation 4.04, the
Designated Authority must give the plan to the Joint Authority.
(2) After receiving the plan from the Designated
Authority, the Joint Authority must:
(a) accept the plan; or
(b) reject the plan; or
(c) ask the Designated Authority to notify the
person in writing that the Joint Authority is unable to make a decision without
further assessment of the plan.
Further assessment before decision
(3) If the Joint Authority asks the Designated
Authority to issue a notice under paragraph (2) (c), the Joint Authority must
specify for inclusion in the notice:
(a) any further information the Joint Authority
requires to be included in the plan; and
(b) the date after which the Joint Authority will
commence further assessment of the plan.
(4) The date specified under paragraph (3) (b) must give
the person a reasonable opportunity to modify or resubmit the plan.
(5) If the Joint Authority undertakes further assessment
of a field development plan, the Joint Authority must accept or reject the
field development plan as soon as practicable.
Acceptance may be subject to conditions
(6) The Joint Authority may accept the field development
plan subject to conditions.
Notice of decision
(7) The Designated Authority must notify the person in
writing of the following matters as soon as practicable after the Joint
Authority has made a decision to accept or reject the field development plan:
(a) the terms of the decision;
(b) if the Joint Authority rejects the
plan — the reasons for the decision;
(c) if the Joint Authority accepts the
plan — the date on which the plan commences;
(d) if the Joint Authority accepts the plan
subject to a condition — the condition and the reason for making the
acceptance subject to a condition.
Date of effect
(8) If the Joint Authority
accepts the field development plan, the plan commences on the date notified
under paragraph (7) (c).
4.06 Criteria
for acceptance of field development plan
(1) The Joint Authority must accept a field development
plan under paragraph 4.05 (2) (a) or subregulation 4.05 (5) if
the Joint Authority is satisfied that:
(a) the plan includes the matters mentioned in
subregulation 4.07 (1); and
(b) the plan demonstrates that the person will
conduct pool management in the field in a manner that is:
(i) consistent
with good oilfield practice; and
(ii) compatible
with optimum long-term recovery of the petroleum.
(2) The Joint Authority must not accept a field
development plan if the Joint Authority is not satisfied that the plan meets
the requirements of subregulation (1).
4.07 Contents of field development plan
(1) For paragraph 4.06 (1) (a), the matters are:
(a) evidence and data showing that the field
contains petroleum, including details of the structure, extent and location of
discovered petroleum pools; and
(b) estimates of the volume of petroleum in place
and recoverable petroleum, including data supporting the estimates; and
(c) a description of:
(i) the
possible petroleum pools in the field; and
(ii) the
person’s plans (if any) to explore for petroleum pools; and
(iii) how any
petroleum pools of commercial quantity can be incorporated into the development
of the licence area; and
(d) a description of:
(i) an
appropriate strategy for the development of the field, management of the
petroleum pool and optimum long-term recovery; and
(ii) any
proposed and alternative development scenarios; and
(e) a description of how the person intends to
extract the petroleum over time, including the following information:
(i) the
estimated positions of wells;
(ii) the
potential timing of workovers;
(iii) possible
tie-ins; and
(f) the project
schedule, including an estimated development timetable of production
facilities such as wells, platforms and petroleum pipelines; and
(g) the person’s operations or proposals for:
(i) the
enhanced recovery or recycling of petroleum; and
(ii) the
processing, storage or disposal of petroleum; and
(iii) the
injection of petroleum or water into an underground formation; and
(h) arrangements for:
(i) monitoring,
recording in writing and reporting on the person’s
conduct of pool management; and
(ii) keeping
records and other documents about the person’s
conduct of pool management; and
(i) details of:
(i) the
surface connections and equipment used by the person; and
(ii) any
production by a well that is from more than one petroleum pool; and
(iii) any
production from a petroleum pool that is
through more than one well; and
(j) the arrangements (if any) for the transport,
injection and storage of greenhouse gas substances that have been obtained from
a third party or other external source; and
(k) arrangements for
the maintenance of an accurate quantitative record of events, measurements and
actions to which the plan relates.
(2) A field development plan may include any other
information that the person believes is relevant.
Division 4 Variation of field development plan
4.08 Requirement
to apply for variation of field development plan
(1) A petroleum production licensee must apply to the
Designated Authority for the Joint Authority to accept a variation of a field
development plan if:
(a) the licensee intends to make a major change
in relation to the recovery of petroleum from the field; or
(b) there is a new licensee for the licence,
unless the new licensee agrees in writing to continue operations in accordance
with the current accepted field development plan; or
(c) the Joint Authority has requested the
licensee, under regulation 4.11, to vary the accepted field development
plan.
(2) The application must be accompanied by the proposed
variation.
4.09 Application must be made at least 90 days
before major change
A petroleum production licensee commits an offence
if:
(a) the licensee undertakes the recovery of
petroleum from a petroleum pool in the licence area; and
(b) at the time of the recovery of the petroleum,
the licensee has an accepted field development plan for a field that includes
the petroleum pool; and
(c) the licensee makes a major change in relation
to the recovery of petroleum from the field; and
(d) the licensee did not, at least 90 days
before the occurrence of the major change, apply for a variation of the
accepted field development plan.
Penalty: 60 penalty
units.
4.10 Joint
Authority decision on variation of field development plan
(1) As soon as practicable after a petroleum production
licensee gives a variation of a field development plan to the Designated
Authority under regulation 4.08, the Designated Authority must give the
variation to the Joint Authority.
(2) After receiving the variation from the Designated
Authority, the Joint Authority must:
(a) accept the variation if the varied field
development plan would meet the requirements of
subregulation 4.06 (1);
or
(b) reject the variation; or
(c) ask the
Designated Authority to notify the licensee, in writing, that the Joint
Authority is unable to make a decision without further assessment of the
variation.
Further assessment before decision
(3) If the Joint Authority asks the Designated
Authority to issue a notice under paragraph (2) (c), the Joint
Authority must specify for inclusion in the notice:
(a) any further
information the Joint Authority requires to be included in the variation; and
(b) the date
after which the Joint Authority will commence further assessment of the plan.
(4) The date specified under paragraph (3) (b) must
give the licensee a reasonable opportunity to modify or resubmit the plan.
(5) If the Joint Authority undertakes further assessment
of a variation, the Joint Authority must accept or reject the variation as soon
as practicable.
Acceptance may be subject to conditions
(6) The Joint Authority may accept a variation of a
field development plan subject to conditions.
Notice of decision
(7) The Designated
Authority must notify the licensee in writing of the following matters as soon
as practicable after the Joint Authority has made a decision to accept or
reject a variation of a field development plan:
(a) the terms of the decision;
(b) if the Joint
Authority rejects the variation — the reasons for the decision;
(c) if the Joint Authority accepts the
variation — the date on which the variation commences;
(d) if the Joint
Authority accepts the variation subject to a condition — the condition and
the reason for making the acceptance subject to a condition.
Date of effect
(8) If the Joint Authority accepts a variation of a
field development plan, the plan as varied replaces the existing field
development plan as the plan in force for the field on the date notified under
paragraph (7) (c).
4.11 Variation
required by Joint Authority
The Designated Authority may give a petroleum
production licensee a notice in writing:
(a) advising the licensee that the Joint
Authority requires the licensee to vary a field development plan as set out in
the notice; and
(b) setting out the technical grounds for
requiring the variation; and
(c) identifying the proposed date of effect of
the variation; and
(d) identifying the proposed date by which the licensee
must submit a variation of the plan to the Designated Authority; and
(e) advising the licensee of the effect of
regulation 4.12.
4.12 Objection
to requirement to vary field development plan
(1) If the Designated Authority gives a petroleum
production licensee a notice under regulation 4.11, the licensee may give an
objection, in writing, to the Designated Authority:
(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 field development
plan should take effect on a date later than the proposed date;
(iv) that the date by which the licensee
must submit a variation of the plan should be later than the proposed date; and
(b) giving reasons for the objection.
(2) The licensee must
make the objection within:
(a) 21 days after receiving the notice; or
(b) if the Designated Authority, in writing,
allows a longer period — that period.
4.13 Decision
on objection
(1) As soon as practicable after a petroleum production
licensee gives an objection to the Designated Authority under
regulation 4.12, the Designated Authority must give the objection to the
Joint Authority.
(2) After receiving the objection from the Designated
Authority, the Joint Authority must decide whether to accept or reject the
objection.
(3) The Designated Authority must notify the licensee,
in writing, of the following matters as soon as practicable after the Joint
Authority has made a decision:
(a) the terms of the decision, including:
(i) whether the original notice given
under regulation 4.11 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.
Division 5 Recovery of petroleum before field development plan is
accepted
4.14 Application for approval to undertake recovery of
petroleum without accepted field development plan
(1) A petroleum production licensee may apply, in
writing, to the Designated Authority for permission to undertake recovery of
petroleum from a petroleum pool in the licence area for a period of up to 3 months
without having an accepted field development plan in force for a field that
includes the pool.
(2) The application must include:
(a) the reason why it
is necessary for the licensee to undertake
recovery without having an accepted field development plan; and
(b) details of any
proposed extended production test; and
(c) the period in
respect of which the permission is sought; and
(d) details of
any proposed disposal or flaring of any produced hydrocarbons.
4.15 Decision on application
(1) As soon as practicable after the petroleum
production licencee gives an application to the Designated Authority under
regulation 4.14, the Designated Authority must:
(a) consult the Joint Authority on the
appropriateness or otherwise of approving the application; and
(b) either:
(i) approve the application; or
(ii) reject the application; or
(iii) notify the licensee, in writing,
that the Designated Authority is unable to make a decision without further
information.
(2) If the Designated Authority issues a notice under
subparagraph (1) (b) (iii), the Designated Authority must
specify the further information that it requires.
(3) After receiving the information, the Designated
Authority must, as soon as practicable, do one of the things set out in
paragraph (1) (b) in respect of the application.
(4) The Designated Authority
may approve the application subject to conditions.
(5) If the Designated Authority approves the
application, the maximum period for which the Designated Authority may grant
the permission is 3 months from the date of the Designated Authority’s approval.
(6) However, the Designated Authority may, on written
application by the licensee, extend the period by a maximum of 3 months
after seeking the views of the Joint Authority on the appropriateness or
otherwise of an extension.
(7) The Designated Authority may extend permission under
subregulation (6) more than once.
(8) The Designated Authority must notify the licensee
in writing of the following matters as soon as practicable after making a
decision to approve or reject an application:
(a) the terms of the
decision;
(b) if the Designated
Authority approves the application subject to a condition — the condition;
(c) if the Designated
Authority rejects the application — the reasons for the decision.
Division 6 Transitional provisions about field development plans
4.16 Recovering
petroleum on or before the commencement of these Regulations
If a field development plan has been accepted before commencement
day
(1) If:
(a) petroleum was being recovered under a
petroleum production licence on or before the commencement day; and
(b) on the commencement day, the licensee has a
field development plan for that recovery that has been accepted by the Joint
Authority;
that field development plan is in force for the field.
If no decision made on acceptance before commencement day
(2) A petroleum production licensee is taken to have
made an application under regulation 4.04 on the commencement day if:
(a) the licensee made an application for a field
development plan to be accepted by the Joint Authority before the commencement
day; and
(b) the Joint Authority did not make a decision
on the application before the commencement day.
If there is no accepted field development plan for recovery on commencement
day
(3) If petroleum was
being recovered in an area under a petroleum production licence on or before
the commencement day (the recovery area) and the
recovery after that day is not covered by a field development plan:
(a) the licensee must make
an application to the Designated Authority under regulation 4.04 for acceptance
of a field development plan for the recovery area before the end of:
(i) 2 years after
the commencement day; or
(ii) if the
Designated Authority gives the licensee written approval to extend the period to
4 years after the commencement day — that period; and
(b) the licensee is
exempt from regulation 4.02 until an accepted field development plan is in
force for the recovery area.
(4) If a licensee exempted by
paragraph (3) (b) makes an application under regulation 4.04 and
the plan is rejected by the Joint Authority, the licensee must make another
application no later than 90 days after being given notice of the rejection.
Division 7 Approval of rate of recovery of petroleum
4.17 Requirement
to obtain approval of rate of recovery of petroleum
(1) A petroleum production licensee commits an offence
if:
(a) the licensee undertakes the recovery of
petroleum from a petroleum pool in a licence area; and
(b) the licensee has not obtained from the Joint
Authority written approval of the rate of recovery of petroleum from the pool;
and
(c) the rate of recovery of petroleum from the
pool is not subject to a direction under section 190 of the Act.
Penalty: 60 penalty
units.
(2) An offence against subregulation (1) is an offence
of strict liability.
Note For strict liability,
see section 6.1 of the Criminal Code.
4.18 Application
for approval of rate of recovery from pool in licence area
(1) This regulation applies if a petroleum production
licensee applies to the Joint Authority for written approval of the rate of
recovery of petroleum from a petroleum pool in a licence area.
(2) The Joint Authority must not approve the
application unless the application includes the following information:
(a) the proposed rate of recovery of petroleum
from the pool;
(b) the past performance (if any) and a
prediction of future performance of production wells in the licence area;
(c) an estimate of the ultimate recovery from
the pool;
(d) evidence that the equipment and procedures
used to determine the quantity and composition of petroleum and water have been
approved:
(i) if the Royalty Act applies —
under section 13 of that Act; or
(ii) if that Act does not apply —
by the Joint Authority.
(3) In making a decision about the rate of recovery of
petroleum from the pool, the Joint Authority must ensure that the rate is
consistent with the accepted field development plan for the field that includes
the pool.
Division 8 Requirement to notify significant event
4.19 Requirement
to notify significant event to Joint Authority
(1) A petroleum production licensee commits an offence
if:
(a) a significant event occurs in, or in
relation to, the licence area; and
(b) the licensee becomes aware of the significant
event; and
(c) the licensee does not provide a written
notification of the significant event to the Designated Authority within
7 days after becoming aware of the event.
Penalty: 60 penalty
units.
(2) The notification must include:
(a) all the material facts and circumstances
about the significant event that the licensee is aware of or is able, by
reasonable search and inquiry, to find out, including:
(i) when the event occurred or was
first detected; and
(ii) the implications of the event for
the reservoir and the optimum long‑term recovery of petroleum; and
(b) the action the licensee proposes to take in
response to the significant event.
(3) The notification may include any other facts the
licensee considers relevant.
Part 5 Well
operations management plans and approval of well activities
Division 1 Preliminary
5.01 Application
This Part applies to the following titleholders:
(a) a petroleum exploration permittee;
(b) a petroleum retention lessee;
(c) a petroleum production licensee;
(d) an infrastructure licensee;
(e) a greenhouse gas assessment permittee;
(f) a greenhouse gas holding lessee;
(g) a greenhouse gas injection licensee.
5.02 Definitions
In this Part:
integrity, for 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
(c) is subject only to risks that have been
reduced to a level that is as low as reasonably practicable.
Regulator means:
(a) for a petroleum exploration permit,
petroleum retention lease, petroleum production licence or infrastructure
licence — the Safety Authority; and
(b) for a greenhouse gas assessment permit,
greenhouse gas holding lease or greenhouse gas injection licence — the
responsible Commonwealth Minister.
well includes all equipment located downhole
from a well.
Examples
1 Equipment leading to a blow-out
preventer.
2 Equipment leading to a well head.
3 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
1 Exploratory drilling.
2 Production drilling.
3 Appraisal drilling.
4 Testing a well.
5 Well drilling.
6 A wireline operation.
7 A workover operation.
8 A well completion or re-completion.
9 Maintenance of a well.
10 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
(b) an event that may involve
a risk of significant damage to the environment or the well reservoir of
a well.
5.03 Part
is listed OHS law
For paragraph 638 (1) (h) 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
5.04 Requirement
to have accepted well operations management plan
(1) A titleholder commits an offence if:
(a) the titleholder undertakes a well activity
in a title area; and
(b) the
titleholder does not have an accepted well operations management plan in force for
undertaking the well activity in the title area.
Penalty: 80 penalty units.
(2) An offence against subregulation
(1) is an offence of strict liability.
Note For strict liability,
see section 6.1 of the Criminal Code.
(3) 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
(c) as soon as practicable, the titleholder
gives the Regulator notice of the emergency; and
(d) as soon as practicable, but within
3 days, the titleholder gives written notice to the Regulator about the
activity undertaken.
Note A direction under section 574 of the
Act from the Designated Authority, or under section 580 from the responsible
Commonwealth Minister, has effect and must be complied with despite anything in
these Regulations.
5.05 Requirement
to undertake activities in accordance with accepted well operations management
plan
(1) A titleholder commits an offence if:
(a) the titleholder undertakes a well activity
in a title area; and
(b) the well activity is regulated by one or more
requirements of an accepted well operations management plan in force for the
title area; and
(c) the titleholder does not undertake the
activity in accordance with a requirement of the plan for the activity.
Penalty: 80 penalty units.
(2) An offence against subregulation (1) is an offence
of strict liability.
Note For strict liability,
see section 6.1 of the Criminal Code.
(3) 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
(c) as soon as practicable, the titleholder
gives the Regulator notice of the emergency; and
(d) as soon as practicable, but within
3 days, the titleholder gives written notice to the Regulator about the
activity undertaken.
Note A direction under section 574 of the
Act from the Designated Authority, or under section 580 from the responsible
Commonwealth Minister, has effect and must be complied with despite anything in
these Regulations.
Division 3 Obtaining acceptance of well operations management plan
5.06 Application
for acceptance of well operations management plan
(1) A titleholder may apply to the Regulator for
acceptance by the Regulator of a well operations management plan.
(2) The titleholder must give the plan to the
Regulator:
(a) at least 30 days before the proposed
start of the well activity; or
(b) if the Regulator 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
(c) may be submitted, with the approval of the Regulator
notified in writing, in parts for particular stages of the activity.
5.07 Decision
on well operations management plan
(1) Within 30 days after a titleholder gives a well
operations management plan to the Regulator, the Regulator must:
(a) accept the plan, or one or more parts of the
plan, as a well operations management plan; or
(b) reject the plan; or
(c) notify the titleholder in writing that the Regulator
is unable to make a decision without further assessment of the plan.
Example for paragraph (a)
The Regulator 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.
(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 the Regulator.
Further assessment before decision
(3) If the Regulator notifies the titleholder that the Regulator
is unable to make a decision without further assessment of the plan, the notice
must include:
(a) a description of any further information the
Regulator requires to be included in the plan; and
(b) the date after which the Regulator will
commence further assessment of the plan.
(4) The date specified under paragraph (3) (b)
must give the titleholder a reasonable opportunity to modify or resubmit the
plan.
(5) If the Regulator undertakes further assessment of
the plan, the Regulator 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.
Acceptance may be subject to conditions
(6) The Regulator may accept the well operations
management plan subject to conditions.
Notice of decision
(7) The Regulator 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;
(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.
Date of effect
(8) If the Regulator accepts the well operations
management plan, or one or more parts of the plan, the accepted plan commences
on the day notified under paragraph (7) (c).
5.08 Criteria
for acceptance of well operations management plan
(1) The Regulator must accept a well operations
management plan under paragraph 5.07 (1) (a) or
5.07 (5) (a) if the Regulator 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 5.09; and
(d) the way that 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.
(2) The Regulator must not accept a well operations
management plan if the Regulator is not satisfied that the plan meets the
requirements of subregulation (1).
5.09 Contents
of well operations management plan
(1) For paragraph 5.08 (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
(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 the Regulator, 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 that the
titleholder will keep information required by the well operations management
plan.
(2) The Regulator 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.
5.10 Status
of well operations management plan
(1) If the Regulator has given the titleholder
permission to give a well operations management plan to the Regulator in parts:
(a) the first part of the plan that the Regulator
accepts is taken to be an accepted well operations management plan in its own
right; and
(b) a part that is given to the Regulator after
that acceptance is taken to be a variation to which Division 4 applies.
(2) If the Regulator accepts one or more parts of a
well operations management plan:
(a) the part of the plan that the Regulator accepts
is taken to be an accepted well operations management plan in its own right;
and
(b) a part that is given to the Regulator after
that acceptance is taken to be a variation to which Division 4 applies.
(3) If the Regulator 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
5.11 Application
for acceptance of variation
(1) A titleholder may apply to the Regulator for
acceptance by the Regulator of a variation of an accepted well operations
management plan.
(2) The application must be accompanied by the proposed
variation.
5.12 Requirement
to apply for variation of well operations management plan
A titleholder must apply to the Regulator 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.
Note Certain titleholders must also apply
for a variation if the Designated Authority issues a direction that is
inconsistent with the accepted plan — see regulation 5.30.
5.13 Decision
on request for acceptance of varied well operations management plan
(1) If a titleholder gives a variation to the Regulator,
the Regulator must within 30 days:
(a) accept the variation if the varied well
operations management plan would meet the requirements of
subregulation 5.08 (1); or
(b) reject the variation; or
(c) notify the
titleholder, in writing, that the Regulator is unable to make a decision
without further assessment of the variation.
Further assessment before decision
(2) If the Regulator notifies the titleholder that the Regulator
is unable to make a decision without further assessment of the variation, the
notice must include:
(a) a description of any further information the
Regulator requires to be included in the variation; and
(b) the date after which the Regulator will
commence further assessment of the variation.
(3) The date specified under paragraph (2) (b)
must give the titleholder a reasonable opportunity to modify or resubmit the
variation.
(4) If the Regulator undertakes further assessment of a
variation, the Regulator must accept or reject the variation as soon as
practicable.
Acceptance may be subject to conditions
(5) The Regulator may approve a variation subject to conditions.
Notice of decision
(6) The Regulator 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 Regulator rejects the variation —
the reasons for the decision;
(c) if the Regulator accepts the
variation — the date on which the variation commences;
(d) if the Regulator accepts the variation
subject to a condition — the condition and the reason for making the acceptance
subject to the condition.
Date of effect
(7) If the Regulator 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 paragraph (6) (c).
5.14 Variation
required by Regulator
The Regulator may give a titleholder a notice in
writing:
(a) advising the titleholder that the Regulator
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 the Regulator; and
(e) advising the titleholder of the effect of
regulation 5.15.
5.15 Objection
to requirement to vary
(1) If the Regulator gives a titleholder a notice under
regulation 5.14, the titleholder may give an objection, in writing, to the
Regulator:
(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;
(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 the Regulator, in writing, allows a longer
period — that period.
5.16 Decision
on objection
(1) If a titleholder gives an objection to the Regulator
under regulation 5.15, the Regulator must, within 30 days, decide whether
to accept or reject the objection.
(2) The Regulator 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 5.14 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.
Division 5 Termination of well operations management plan
5.17 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 the Regulator accepts another well
operations management plan that replaces the well operations management plan;
and
(c) when the Regulator 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
5.18 Reasons
for withdrawal of acceptance
The Regulator 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 574 or 580 of the Act;
or
(b) the titleholder has not complied with the accepted
well operations management plan; or
(c) the Regulator is satisfied for any other
reason that its acceptance of the well operations management plan should be
withdrawn.
5.19 Notice
of proposal to withdraw acceptance
(1) If the Regulator believes it may be necessary to
withdraw its acceptance of a well operations management plan, the Regulator
must, at least 30 days before the Regulator would withdraw its acceptance:
(a) notify the titleholder in writing that the Regulator
is considering the withdrawal of the acceptance; and
(b) include in the notification:
(i) an explanation of the reasons why
the Regulator is considering withdrawing the acceptance; and
(ii) a date by which the titleholder
may give the Regulator any information that the Regulator may take into account
before deciding whether to withdraw the acceptance; and
(iii) any other information that the Regulator
considers appropriate.
(2) The Regulator may give a copy of the notice to a
person other than the titleholder if:
(a) the Regulator considers it appropriate; and
(b) the titleholder agrees in writing.
5.20 Decision
to withdraw acceptance
(1) If the Regulator notifies a titleholder under
subregulation 5.19 (1), the Regulator must, as soon as practicable
after the date mentioned in subparagraph 5.19 (1) (b) (ii)
has passed:
(a) withdraw its acceptance of the well
operations management plan; or
(b) decide not to withdraw its acceptance.
(2) The Regulator must not withdraw its acceptance
unless the Regulator:
(a) has taken any information given under
subparagraph 5.19 (1) (b) (ii) into account; and
(b) is satisfied that a reason mentioned in
regulation 5.18 exists.
(3) The Regulator 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 withdraw its acceptance
of the well operations management plan — the reasons for the decision.
5.21 Relationship
between withdrawal and other provisions
(1) The Regulator 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, these Regulations or other regulations made under the Act.
(2) If the Regulator 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, these Regulations or other regulations made under the
Act.
Division 7 Approval for specific well activities
5.22 Requirement
for approval of certain well activities that change well bore
(1) A titleholder commits an offence if:
(a) the titleholder undertakes one of the
following well activities in the title area:
(i) well drilling;
(ii) testing;
(iii) well completion;
(iv) abandonment or suspension of a
well;
(v) well intervention; and
(b) the well activity leads to the physical
change of a well bore; and
(c) the titleholder does not have the approval
of the Regulator under regulation 5.25 to undertake the well activity.
Penalty: 60 penalty
units.
(2) An offence against subregulation (1) is an
offence of strict liability.
Note For strict liability,
see section 6.1 of the Criminal Code.
(3) 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
(c) as soon as practicable, the titleholder
gives the Regulator notice of the emergency; and
(d) as soon as practicable, but within
3 days, the titleholder gives written notice to the Regulator about the
activity undertaken.
Note A direction under section 574 of the
Act from the Designated Authority, or under section 580 from the responsible
Commonwealth Minister, has effect and must be complied with despite anything in
these Regulations.
5.23 Application
for approval to undertake activity
(1) A titleholder may apply in writing to the Regulator
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.
5.24 Regulator
may request more information
(1) If a titleholder makes an application under
regulation 5.23, the Regulator 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.
5.25 Decision
on application
(1) As soon as practicable after the Regulator is
satisfied there is enough information to make a decision on an application
under regulation 5.23, the Regulator must decide whether to approve or
reject the application.
(2) The Regulator may approve the application subject to
conditions.
(3) As soon as practicable after making a decision, the
Regulator must notify the titleholder in writing of:
(a) the Regulator’s decision; and
(b) if the Regulator has decided to approve the
application subject to a condition — the condition; and
(c) if the Regulator has decided to reject the
application — the reasons for the rejection.
(4) An approval takes effect as soon as the Regulator
notifies the titleholder of the Regulator’s decision.
Division 8 Control of hazards and risks
5.26 Requirement
to control well integrity hazard or risk
A titleholder commits an offence if:
(a) the titleholder is operating a well in a title
area; and
(b) either:
(i) a well integrity hazard has been
identified for the well; or
(ii) there has been a significant
increase in an existing risk for the well; and
(c) the titleholder has not controlled the well
integrity hazard or risk.
Penalty: 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 5.09.
Division 9 Role of Designated Authority if Safety Authority is Regulator
5.27 Application
This Division applies in relation to the following
titleholders:
(a) a petroleum exploration permittee;
(b) a petroleum retention lessee;
(c) a petroleum production licensee;
(d) an infrastructure licensee.
Note For these titleholders, the
Regulator will be the Safety Authority — see regulation 5.02.
5.28 Requirement
for titleholder and Safety Authority to give copies of documents to Designated
Authority
(1) If a titleholder gives a written application, plan,
notice, report or any other document to the Safety Authority in compliance with
this Part or an accepted well operations management plan, the titleholder must
also give a copy of the document to the Designated Authority.
(2) If the Safety Authority gives a written notice to a
titleholder under this Part, the Safety Authority must also give a copy of the
notice to the Designated Authority.
5.29 Requirement
for titleholder to give copy of direction to Safety Authority
If the Designated Authority gives a titleholder a
direction under section 574 of the Act, the titleholder must give a copy
of the direction to the Safety Authority as soon as practicable.
5.30 Requirement
to vary well operations management plan if inconsistent with Designated
Authority direction
If the Designated Authority gives a titleholder a
direction under section 574 of the Act that is inconsistent with the accepted
well operations management plan for a well activity, the titleholder must:
(a) vary the well operations management plan to
be consistent with the direction; and
(b) apply under regulation 5.11 for
acceptance of the variation by the Safety Authority.
Note Subsection 574 (6) of the Act
provides that a direction has effect, and must be complied with, despite
anything in the regulations.
5.31 Well
activity approval ceases if inconsistent with Designated Authority direction
If the Designated Authority gives a titleholder a
direction under section 574 of the Act that is inconsistent with an
approval of a well activity given under regulation 5.25, the approval
ceases to be in force.
Division 10 Transitional provisions
5.32 Definition
In this Division:
previous greenhouse gas Regulations means the
Offshore Petroleum and Greenhouse Gas Storage (Management of Greenhouse Gas
Well Operations) Regulations 2010.
previous petroleum Regulations means the Petroleum
(Submerged Lands) Management of Well Operations) Regulations 2004.
5.33 Continuing
operation of previously accepted plan
(1) A well operations management plan that was in effect
under the previous greenhouse gas Regulations or the previous petroleum
Regulations immediately before the commencement day is taken to be an accepted
well operations management plan under these Regulations.
(2) For paragraph 5.17 (d), the date on which the
plan was accepted under the previous greenhouse gas Regulations or the previous
petroleum Regulations is taken to be the date on which it was accepted under
these Regulations.
Note Paragraph 5.17 (d) provides that a
well operations management plan ceases to be in force 5 years after it was
accepted.
5.34 Continuing
operation of activity approval
(1) If an approval to commence a well activity was given
under regulation 4.1 of the previous greenhouse gas Regulations, the
approval continues in force as an approval under regulation 5.25.
(2) If an approval to commence a well activity was given
under regulation 17 of the previous petroleum Regulations, the approval
continues in force as an approval under regulation 5.25.
5.35 Applications
not decided on commencement day
(1) The table sets out the transitional arrangements
that apply if:
(a) a titleholder made an application to the
responsible Commonwealth Minister under the previous greenhouse gas
Regulations; and
(b) the Minister did not make a decision on the
application before the commencement day.
|
Item
|
Type of application
|
Transitional arrangement
|
|
1
|
Request under regulation 2.1 of the previous
greenhouse gas Regulations for acceptance of a well operations management
plan
|
The request continues in force as an application under
regulation 5.06
|
|
2
|
Request under regulation 3.1 of the previous
greenhouse gas Regulations for acceptance of a variation of a well operations
management plan
|
The request continues in force as an application under
regulation 5.11
|
|
3
|
Application under regulation 4.1 of the previous
greenhouse gas Regulations for approval of a well activity
|
The application continues in force as an application under
regulation 5.23
|
(2) The table sets out the transitional arrangements
that apply if:
(a) a titleholder made an application to the
Designated Authority under the previous petroleum Regulations; and
(b) the Designated Authority did not make a
decision on the application before the commencement day.
|
Item
|
Type of application
|
Transitional arrangement
|
|
1
|
Request under regulation 5 of the previous petroleum
Regulations for acceptance of a well operations management plan
|
The titleholder is taken to have made an application to
the Safety Authority under regulation 5.06 on the commencement day
|
|
2
|
Request under regulation 10 of the previous petroleum
Regulations for acceptance of a variation of a well operations management
plan
|
The titleholder is taken to have made an application to
the Safety Authority under regulation 5.11 on the commencement day
|
|
3
|
Application under regulation 17 of the previous
petroleum Regulations for approval of a well activity
|
The application continues in force as an application under
regulation 5.23, and regulation 5.25 applies as if the Designated
Authority were the Regulator
|
Part 6 Authorisation
of petroleum titleholders to conduct greenhouse gas exploration
6.01 Application of Part
This Part applies to a petroleum titleholder who
is:
(a) a petroleum exploration permittee; or
(b) a petroleum retention lessee; or
(c) a petroleum production licensee.
6.02 Definitions
In this Part:
authorised activity means:
(a) an activity by a petroleum exploration
permittee that is authorised by regulation 6.04; or
(b) an activity by a petroleum retention lessee
that is authorised by regulation 6.05; or
(c) an activity by a petroleum production
licensee that is authorised by regulation 6.06.
6.03 Requirement
to notify about authorised activity in title area
(1) A petroleum titleholder commits an offence if:
(a) the titleholder undertakes an authorised
activity in a title area; and
(b) the titleholder does not notify the
responsible Commonwealth Minister, in writing, within 7 days after the day that
the titleholder began the activity.
Penalty: 60 penalty units.
(2) An offence against subregulation
(1) is an offence of strict liability.
Note For strict liability,
see section 6.1 of the Criminal Code.
6.04 Authorisation
of petroleum exploration permittee
For subsection 98 (3) of the Act, a petroleum
exploration permittee is authorised in accordance with the conditions (if any)
to which the permit is subject:
(a) to explore in the permit area for a
potential greenhouse gas storage formation; and
(b) to explore in the permit area for a potential
greenhouse gas injection site; and
(c) to carry out such operations and execute
such works in the permit area as are necessary for those purposes.
6.05 Authorisation
of petroleum retention lessee
For subsection 135 (3) of the Act, a petroleum
retention lessee is authorised in accordance with the conditions (if any) to
which the lease is subject:
(a) to explore in the lease area for a potential
greenhouse gas storage formation; and
(b) to explore in the lease area for a potential
greenhouse gas injection site; and
(c) to carry out such operations and execute
such works in the lease area as are necessary for those purposes.
6.06 Authorisation
of petroleum production licensee
For subsection 161 (3) of the Act, a
petroleum production licensee is authorised in accordance with the conditions
(if any) to which the licence is subject:
(a) to explore in the licence area for a
potential greenhouse gas storage formation; and
(b) to explore in the licence area for a
potential greenhouse gas injection site; and
(c) to carry out such operations and execute
such works in the licence area as are necessary for those purposes.
Part 7 Data
management — petroleum titleholders
Division 1 Requirements for keeping information
7.01 Purpose
of Division
For paragraph 698 (1) (a) of the Act, the
purpose of this Division is to set out requirements for and in relation to
petroleum titleholders keeping accounts, records and other documents in
connection with operations in an offshore area.
7.02 Requirement
to securely retain information
A petroleum titleholder commits an offence if the
titleholder:
(a) keeps accounts, records or other documents
in connection with an operation in an offshore area; and
(b) does not securely retain the accounts,
records and other documents.
Penalty: 30 penalty units.
7.03 Requirement
to retain information so that retrieval is reasonably practicable
A petroleum titleholder commits an offence if the
titleholder:
(a) keeps accounts, records or other documents
in connection with an operation in an offshore area; and
(b) does not retain the accounts, records or
other documents so that retrieval of the accounts, records or other documents
is reasonably practicable.
Penalty: 30 penalty units.
Division 2 Requirements for collection and retention of cores, cuttings
and samples
7.04 Purpose
of Division
For paragraph 698 (1) (b) of the Act, the
purpose of this Division is to set out requirements for and in relation to
petroleum titleholders collecting and retaining cores, cuttings and samples in
connection with operations in an offshore area.
7.05 Requirement
to retain core, cutting or sample
A petroleum titleholder commits an offence if the
titleholder:
(a) undertakes an operation in an offshore area;
and
(b) collects a core, cutting or sample relating
to the operation; and
(c) does not retain the core, cutting or sample.
Penalty: 30 penalty
units.
7.06 Requirement
to retain core, cutting or sample in Australia
(1) A petroleum titleholder commits an offence if:
(a) the titleholder undertakes an operation in
an offshore area; and
(b) the titleholder collects a core, cutting or
sample relating to the operation; and
(c) the titleholder does not retain the core,
cutting or sample in Australia; and
(d) the Designated Authority has not authorised
the titleholder to retain the core, cutting or sample outside Australia.
Penalty: 30 penalty units.
(2) An offence against subregulation (1) is an offence
of strict liability.
Note For strict liability,
see section 6.1 of the Criminal Code.
7.07 Requirement
to return core, cutting or sample to Australia
(1) A petroleum titleholder commits an offence if:
(a) the Designated Authority has authorised the
titleholder to keep a core, cutting or sample outside Australia; and
(b) the titleholder does not ensure that the
core, cutting or sample is returned to Australia within:
(i) 12 months after the
authorisation being given; or
(ii) a longer period authorised by the
Designated Authority.
Penalty: 30 penalty units.
(2) An offence against subregulation (1) is an offence
of strict liability.
Note For strict liability,
see section 6.1 of the Criminal Code.
7.08 Requirement
to provide report about overseas analysis of core, cutting or sample
(1) A petroleum titleholder commits an offence if:
(a) the Designated Authority has authorised the titleholder
to keep a core, cutting or sample outside Australia for the purpose of
analysis; and
(b) the titleholder does not give the Designated
Authority a report about the progress of the analysis within:
(i) the period of 12 months beginning
when the authorisation is given; and
(ii) the end of each subsequent period
of 12 months.
Penalty: 60 penalty units.
(2) An offence against
subregulation (1) is an offence of strict liability.
Note For strict liability,
see section 6.1 of the Criminal Code.
7.09 Requirement
to securely retain core, cutting or sample
A petroleum titleholder commits an offence if the
titleholder:
(a) collects a core, cutting or sample in
connection with an operation in an offshore area; and
(b) does not securely retain the core, cutting or
sample.
Penalty: 30 penalty
units.
7.10 Requirement
to retain core, cutting or sample so that retrieval is reasonably practicable
A petroleum titleholder commits an offence if the
titleholder:
(a) collects a core, cutting or sample in
connection with an operation in an offshore area; and
(b) does not retain the core, cutting or sample
so that retrieval of the core, cutting or sample is reasonably practicable.
Penalty: 30 penalty units.
Division 3 Requirements for giving reports and samples
Subdivision 3.1 Preliminary
7.11 Purpose
of Division
For paragraph 698 (1) (c) of the Act the purpose of
this Division is to set out requirements for petroleum titleholders to give
reports, cores, cuttings or samples to the Designated Authority.
Subdivision 3.2 Reports about
drilling wells
7.12 Requirement
for daily drilling report
(1) A petroleum titleholder commits an offence if the
titleholder:
(a) undertakes drilling operations in a title
area on a day; and
(b) does not give the Designated Authority a
daily drilling report by midday on the day after the day to which the report
relates.
Penalty: 50 penalty
units.
(2) An offence against subregulation (1) is an offence
of strict liability.
Note For strict liability,
see section 6.1 of the Criminal Code.
(3) In this regulation:
daily drilling report means a report that
includes:
(a) the name of the well; and
(b) the location of the well by latitude and
longitude; and
(c) the water depth at the well; and
(d) the drilled depth; and
(e) the work carried out; and
(f) the lithology of formations penetrated; and
(g) details of any indication of hydrocarbons;
and
(h) a summary of the material used; and
(i) drilling fluid losses; and
(j) a leak off test summary; and
(k) the geometry of the well bore; and
(l) the results of surveys made in the well
bore; and
(m) the estimated daily and cumulative well costs.
7.13 Requirement
for initial well completion report and data
(1) A petroleum titleholder commits an offence if the
titleholder:
(a) undertakes drilling operations in a title
area; and
(b) does not give the Designated Authority an
initial well completion report and all initial well completion data within:
(i) 6 months after the rig release
date; or
(ii) if the Designated Authority
authorises the titleholder to give the report and data within another period —
the other period.
Penalty: 50 penalty
units.
(2) In this regulation:
initial well completion data means each type
of data mentioned in Schedule 1:
(a) presented on a medium and in a format
specified in the item; or
(b) presented on another medium or in another
format that the Designated Authority has authorised the petroleum titleholder
to use.
initial well completion report means a
report that includes all of the information listed in subregulation (3).
(3) For the definition of initial well completion
report in subregulation (2), the information required is in the
following table.
|
Item
|
Information required
|
|
1
|
The name of the well
|
|
2
|
The name of the title area in which the well is located
|
|
3
|
The location of the well, in the form of:
(a) latitude and longitude; and
(b) map sheet name and graticular block number; and
(c) seismic line location and shotpoint number
|
|
4
|
The results of a check survey of the location of:
(a) for a subsea well — the wellhead; or
(b) in any other case — the top of the casing
supporting the blow‑out preventer
|
|
5
|
If the well is a sidetrack — the name of the parent
well
|
|
6
|
The names of the rig contractor and rig operator
|
|
7
|
The name of the rig drilling the well
|
|
8
|
The rig’s make and model
|
|
9
|
The names of the contractors for:
(a) cementing; and
(b) wireline logging; and
(c) measurements while drilling (MWD); and
(d) logging while drilling (LWD); and
(e) mudlogging
|
|
10
|
Names of MWD and LWD tools used
|
|
11
|
List of log runs for wireline logging and velocity surveys
|
|
12
|
The purpose of the well (for example development,
appraisal, exploration or stratigraphy)
|
|
13
|
The outcome of the well operation (for example completion
of the well as a producer, suspension or abandonment)
|
|
14
|
Raw pressure-time listings for any formation fluid sample
tests and production tests
|
|
15
|
The spud date
|
|
16
|
The rig release date
|
|
17
|
What is being used as the depth reference for the well
(for example the Kelly bushing or the rig floor)
|
|
18
|
The height of the depth reference above sea level
|
|
19
|
The water depth at the well
|
|
20
|
The measured depth of the well
|
|
21
|
The true vertical depth of the well
|
|
22
|
If applicable, the depth of perforation in the petroleum
reservoir
|
|
23
|
The date on which the total depth was reached
|
|
24
|
If the well is deviated or horizontal:
(a) the surveyed path of the well; and
(b) the coordinates of the bottom of the well bore; and
(c) if applicable, the coordinates and true vertical
depth of the intersection of the well with the reservoir horizon
|
|
25
|
Particulars of equipment and casing installed on or in the
well, including schematics
|
|
26
|
If applicable, information on cementing operations and
schematics of abandonment
|
|
27
|
Bit records
|
|
28
|
Drilling fluids used
|
|
29
|
Drilling fluid losses
|
|
30
|
List of cores, cuttings and samples taken, and their
depths and intervals
|
7.14 Requirement
for final well completion report and data
(1) A petroleum titleholder commits an offence if the
titleholder:
(a) undertakes drilling operations in a title
area; and
(b) does not give the Designated Authority a final
well completion report and all final well completion data within:
(i) 12 months after the rig release
date; or
(ii) if the Designated Authority
authorises the titleholder to give the report and data within another
period — the other period.
Penalty: 50 penalty
units.
(2) In this regulation:
final well completion data means each type
of data mentioned in Schedule 2:
(a) presented on a medium and in a format
specified in the item; or
(b) presented on another medium or in another
format that the Designated Authority has authorised the petroleum titleholder
to use.
final well completion report means a report
that includes all of the information listed in subregulation (3).
(3) For the definition of final well completion
report in subregulation (2), the information required is in the
following table.
|
Item
|
Information required
|
|
1
|
The name of the well
|
|
2
|
The name of the title area in which the well is located
|
|
3
|
The location of the well, in the form of:
(a) latitude and longitude; and
(b) map sheet name and graticular block number; and
(c) seismic line location and shotpoint number; and
|
|
4
|
If the well is a sidetrack — the name of the parent
well
|
|
5
|
The names of the rig contractor and rig operator
|
|
6
|
The name of the rig drilling the well
|
|
7
|
The rig’s make and model
|
|
8
|
The names of the contractors for:
(a) cementing; and
(b) wireline logging; and
(c) measurements while drilling (MWD); and
(d) logging while drilling (LWD); and
(e) mudlogging
|
|
9
|
The purpose of the well (for example development, appraisal,
exploration or stratigraphy)
|
|
10
|
The outcome of the well operation (for example completion
of the well as a producer, suspension or abandonment)
|
|
11
|
Raw pressure-time listings for any formation fluid sample
tests and production tests
|
|
12
|
The spud date
|
|
13
|
The rig release date
|
|
14
|
What is being used as the depth reference for the well
(for example the Kelly bushing or the rig floor)
|
|
15
|
The height of the depth reference above sea level
|
|
16
|
The water depth at the well
|
|
17
|
The measured depth of the well
|
|
18
|
The true vertical depth of the well
|
|
19
|
If applicable, the depth of perforation in the petroleum
reservoir
|
|
20
|
The date on which the total depth was reached
|
|
21
|
If the well is deviated or horizontal:
(a) the surveyed path of the well; and
(b) the coordinates of the bottom of the well bore; and
(c) if applicable, the coordinates and true vertical
depth of the intersection of the well with the reservoir horizon
|
|
22
|
Particulars of equipment and casing installed on or in the
well, including schematics
|
|
23
|
Bit records
|
|
24
|
Drilling fluids used
|
|
25
|
Drilling fluid losses
|
|
26
|
List of cores, cuttings and samples taken, and their
depths and intervals
|
|
27
|
List of logs acquired
|
|
28
|
Details of any hydrocarbon indications
|
|
29
|
The measured depth and true vertical depth of marker
horizons or formation tops
|
|
30
|
Geological interpretations of the observations made as a
result of drilling the well, including:
(a) lithology; and
(b) stratigraphy; and
(c) reservoir properties and quality; and
(d) geochemistry of source rocks if available; and
(e) environment of deposition if available
|
|
31
|
Wireline formation test results
|
|
32
|
Production test results
|
|
33
|
Core analysis
|
|
34
|
If the well is an exploration well — the relevance of
the observations and interpretations to the evaluation of the hydrocarbon
potential of the area
|
Subdivision 3.3 Reports about
geophysical and geological surveys
7.15 Requirement
for weekly survey report
(1) A petroleum titleholder commits an offence if the
titleholder:
(a) undertakes a geophysical or geological
survey in a title area; and
(b) does not give the Designated Authority a
weekly survey report as soon as practicable after the end of each week of the
survey.
Penalty: 50 penalty
units.
(2) In this regulation:
weekly survey report means a report that
includes:
(a) the name of the survey; and
(b) the title under which the survey is being
conducted; and
(c) the name of the titleholder; and
(d) the name of the contractor conducting the
survey; and
(e) the name of the vessel or aircraft conducting
the survey; and
(f) a map showing where the survey was conducted
during the week; and
(g) the number of kilometres or square kilometres
for which data was acquired during the week; and
(h) the number of points at which data was
acquired during the week; and
(i) the number of lines of data acquired during
the week; and
(j) the amount of downtime during the week due
to equipment problems, bad weather or other circumstances; and
(k) the percentage of the survey completed at the
end of the week.
week of the survey means:
(a) the week starting on the first day of data
acquisition; and
(b) each subsequent week.
Note Notice of a geophysical or
geological survey is required under regulation 12.07, and the survey
will also require approval as an activity under the Offshore Petroleum and
Greenhouse Gas Storage (Environment) Regulations 2009.
7.16 Requirement
for survey acquisition report and data
(1) A petroleum titleholder commits an offence if the
titleholder:
(a) undertakes a geophysical or geological
survey in a title area; and
(b) does not give the Designated Authority a
survey acquisition report and all survey acquisition data within:
(i) for a 2-dimensional seismic
survey — 12 months after the day that the acquisition of the data is
completed; or
(ii) for a 3-dimensional seismic
survey — 18 months after the day that the acquisition of the data is
completed; or
(iii) for any other type of
survey — 6 months after the day that acquisition of the data is completed;
or
(iv) if the Designated Authority
authorises the titleholder to give the report and data within another
period — the other period.
Penalty: 50 penalty
units.
(2) In this regulation:
survey acquisition data means:
(a) for a seismic survey — each type of
data mentioned in an item in Part 1 of Schedule 3:
(i) presented on a medium and in a
format specified in the item; or
(ii) presented on another medium or in
another format that the Designated Authority has authorised the petroleum
titleholder to use; or
(b) for any other type of survey — each type
of data mentioned in an item in Part 2 of Schedule 3 and presented in
accordance with subparagraph (a) (i) or (ii).
survey acquisition report means a report that
includes:
(a) the name of the survey; and
(b) the title under which the survey was
conducted; and
(c) the name of the titleholder; and
(d) the name of the contractor that conducted the
survey; and
(e) the name of the vessel or aircraft that
conducted the survey; and
(f) a map of where the survey was conducted; and
(g) the dates on which the survey started and
ended; and
(h) details of all data acquisition equipment and
systems used; and
(i) details of all positioning and navigation
equipment and systems used; and
(j) the number of lines of data acquired in the
survey and the number of data acquisition points along each line; and
(k) navigation data for the survey, in the form
of:
(i) for a 2‑dimensional survey —
line ends and bends; or
(ii) for a 3‑dimensional seismic
survey — a full fold polygon outline; or
(iii) for other 3-dimensional
surveys — a polygon outline; and
(l) the geometry of the acquisition parameters;
and
(m) the results of any onboard data processing;
and
(n) the results of any system tests, calibrations
and diagnostics.
7.17 Requirement
for survey processing report and data
(1) A petroleum titleholder commits an offence if the
titleholder:
(a) undertakes a geophysical or geological
survey in a title area; and
(b) does not give the Designated Authority a
survey processing report and all processed survey data within:
(i) for a 2-dimensional seismic
survey — 12 months after the day that the acquisition of the data is
completed; or
(ii) for a 3-dimensional seismic
survey — 18 months after the day that the acquisition of the data is
completed; or
(iii) for any other type of
survey — 6 months after the day that acquisition of the data is completed;
or
(iv) if the Designated Authority
authorises the titleholder to give the report and data within another
period — the other period.
Penalty: 50 penalty
units.
(2) In this regulation:
processed survey data means:
(a) for a 2‑dimensional seismic survey —
each type of data mentioned in an item in Part 1 of Schedule 4:
(i) presented on a medium and in a
format specified in the item; or
(ii) presented on another medium or in
another format that the Designated Authority has authorised the petroleum
titleholder to use; or
(b) for a 3-dimensional seismic survey —
each type of data mentioned in an item in Part 2 of Schedule 4 and
presented in accordance with subparagraph (a) (i) or (ii); or
(c) for any other type of survey — each
type of data mentioned in an item in Part 3 of Schedule 4 and
presented in accordance with subparagraph (a) (i) or (ii).
survey processing report means a report that
includes:
(a) the name of the survey; and
(b) the title under which the survey was
conducted; and
(c) the name of the titleholder; and
(d) the dates on which processing of the survey
started and ended; and
(e) the name of the processing contractor; and
(f) the purpose of the processing; and
(g) a summary of the data acquisition parameters;
and
(h) details of all the processing sequences and
techniques used; and
(i) a sample Extended Binary Coded Decimal
Interchange Code (EBCDIC) header from the final data set; and
(j) listings of all processed data; and
(k) for a 3‑dimensional survey:
(i) a description of the position of
the survey polygon; and
(ii) a calculation for the 3‑dimensional
line numbering convention.
7.18 Requirement
for survey interpretation report and data
(1) A petroleum titleholder commits an offence if the
titleholder:
(a) undertakes a geophysical or geological
survey in a title area; and
(b) does not give the Designated Authority a
survey interpretation report and interpretative survey data within:
(i) for a seismic survey —
18 months after the day that the acquisition of the data is completed; or
(ii) for any other type of
survey — 12 months after the day that the acquisition of the data is
completed; or
(iii) if the Designated Authority authorises
the titleholder to give the report and data within another period — the
other period.
Penalty: 50 penalty
units.
(2) In this regulation:
interpretative survey data means each type
of data mentioned in an item in Schedule 5:
(a) presented on a medium and in a format
specified in the item; or
(b) presented on another medium or in another
format that the Designated Authority has authorised the titleholder to use.
survey interpretation report means a report
that includes the following information:
(a) the name of the survey;
(b) the title under which the survey was
conducted;
(c) the name of the titleholder;
(d) a description of the objectives of the
interpretation;
(e) for a seismic survey:
(i) a list of the surfaces
interpreted; and
(ii) a justification of the surfaces
interpreted, including synthetic seismograms if available; and
(iii) the velocity field used to convert
time to depth (including ASCII data) and the basis for the velocity field; and
(iv) if available, time slices to describe
the environment of deposition;
(f) a bathymetric map of the survey area;
(g) an index of the maps created during the
interpretation.
Subdivision 3.4 Other reports
7.19 Requirement
for monthly report from petroleum production licensee
(1) A petroleum production licensee commits an offence
if the licensee does not give the Designated Authority a monthly production
report for a licence area within the period:
(a) starting on the last day of the named month
to which the report relates; and
(b) ending 15 days after that day.
Penalty: 50 penalty
units.
(2) In this regulation:
monthly production report means a report
that includes:
(a) for each well in the licence area:
(i) the well’s identification name and
number; and
(ii) a summary of all work that has
been performed on the well during the month; and
(iii) the results of production tests
for the well, including the parameters of the test; and
(iv) the well’s operational status at
the end of the month; and
(v) the number of days of production
during the month; and
(vi) the cumulative quantities of water
and of liquid and gaseous petroleum produced or injected as at the end of the
month; and
(b) for the licence area, the total quantities
of each of the following for the month:
(i) liquid and gaseous petroleum
produced;
(ii) liquid and gaseous petroleum used;
(iii) liquid and gaseous petroleum
injected;
(iv) gaseous petroleum flared or vented;
(v) liquid petroleum stored;
(vi) liquid and gaseous petroleum
delivered from the area;
(vii) water produced;
(viii) water injected; and
(c) the cumulative quantities of liquid and
gaseous petroleum, and of water, that have been produced or injected as at the
end of the month.
Subdivision 3.5 Cores, cuttings
and samples
7.20 Requirement
to give core, cutting or sample
(1) A petroleum titleholder commits an offence if the
titleholder:
(a) drills a well or conducts another operation
on a well in a title area; and
(b) collects a kind of core, cutting or sample
mentioned in an item in the table in subregulation (4); and
(c) does not give the core, cutting or sample
to the Designated Authority within:
(i) the time specified for that item;
or
(ii) if the Designated Authority
authorises the titleholder to give the core, cutting or sample in another period —
the other period.
Penalty: 60 penalty
units.
Note Division 2 sets out
requirements for the collection and keeping of cores, cuttings and samples.
(2) The titleholder must give the Designated Authority
the quantity of the core, cutting or sample specified for that item if that
quantity is available.
(3) If the specified quantity is not available, the
titleholder must:
(a) give the Designated Authority an explanation
why the specified quantity was not sent; and
(b) tell the Designated Authority the total
amount of the core, cutting or sample that was recovered.
(4) Kinds of core, cutting or sample mentioned in
paragraph (1) (b) are set out in the following table.
|
Item
|
Sample type
|
Quantity of core, cutting or
sample
|
Time by which core, cutting
or sample must be given
|
|
1
|
Ditch cuttings
|
2 sets of 200 grams dry weight per sample interval
|
The day 6 months after the rig release date
|
|
2
|
Full hole conventional cores
|
1/3 of the core
|
The day 6 months after the rig release date
|
|
3
|
Full hole conventional cores
|
2/3 of the core
|
As soon as practicable after the titleholder completes
tests on the core
|
|
4
|
Gaseous hydrocarbon samples
|
300 cm3
|
As soon as practicable after completion of the test during
which the sample is collected
|
|
5
|
Fluid hydrocarbon samples
|
1 litre
|
Either:
(a) if the sample is collected during the drilling of a
well — the day 6 months after the rig release date; or
|
|
|
|
|
(b) if the sample is collected
during a test on a completed well — as soon as practicable after
collection of the sample
|
|
6
|
Sidewall core material
|
All material collected
|
The day 12 months after the rig release date
|
|
7
|
Palynological slides and residues, Paleontological
material and Petrological slides
|
All material collected
|
The day 12 months after the rig release date
|
|
|
|
|
|
Part 8 Release
of technical information about petroleum
Division 1 Preliminary
8.01 Definitions
In this Part:
basic information means documentary
information that is not interpretative information.
disclosable information means documentary
information that is not permanently confidential information.
documentary information has the meaning given
by section 711 of the Act.
interpretative information has the meaning
given by regulation 8.03.
permanently confidential information has the
meaning given by regulation 8.02.
petroleum mining sample has the meaning given
by section 711 of the Act.
Division 2 Classification of documentary information
8.02 Meaning
of permanently confidential information
(1) This regulation sets out the 4 situations in which
documentary information is permanently confidential information.
Excluded information is permanently confidential
(2) Despite anything else in this Division, excluded
information is permanently confidential information.
Note Excluded information is
defined in regulation 1.06.
Designated Authority classifies as permanently confidential
(3) Documentary information given by a person to the Designated
Authority is permanently confidential information if the Designated
Authority considers the information to be:
(a) a trade secret; or
(b) information the disclosure of which would, or
could reasonably be expected to, adversely affect the person’s business,
commercial or financial affairs.
Designated Authority does not dispute classification
(4) Documentary information given by a person to the Designated Authority is permanently confidential
information if:
(a) when the information was given, the person
told the Designated Authority in writing that the person classified the
information as:
(i) a trade secret; or
(ii) information the disclosure of
which would, or could reasonably be expected to, adversely affect the person’s
business, commercial or financial affairs; and
(b) the Designated Authority did not give the
person a written notice under subregulation 8.04 (1) disputing the
classification.
Designated Authority disputes classification and objection is in
force
(5) Documentary information given by a person to the Designated
Authority is permanently confidential information if:
(a) when the information was given, the person told
the Designated Authority in writing that the person classified the information
as:
(i) a trade secret; or
(ii) information the disclosure of
which would, or could reasonably be expected to, adversely affect the person’s
business, commercial or financial affairs; and
(b) the Designated Authority gave the person a
written notice under subregulation 8.04 (1) disputing the
classification; and
(c) either:
(i) the time for making an objection
in response to the notice has not elapsed; or
(ii) the person has made an objection
in response to the notice, and the objection remains in force.
8.03 Meaning
of interpretative information
(1) This regulation sets out the 3 situations in which
documentary information is interpretative information.
Designated Authority classifies as interpretative
(2) Documentary information given by a person to the Designated
Authority is interpretative information if the Designated Authority
considers the information to be a conclusion drawn wholly or partly from, or an
opinion based wholly or partly on, other documentary information.
Designated Authority does not dispute classification
(3) Documentary information given by a person to the Designated
Authority is interpretative information if:
(a) when the information was given, the person
told the Designated Authority in writing that the person classified the
information as a conclusion drawn wholly or partly from, or an opinion based
wholly or partly on, other documentary information; and
(b) the Designated Authority did not give the
person a written notice under subregulation 8.04 (2) disputing the
classification.
Designated Authority disputes classification and objection to
disclosure is in force
(4) Documentary information given by a person to the Designated
Authority is interpretative information if:
(a) when the information was given, the person
told the Designated Authority in writing that the person classified the
information as a conclusion drawn wholly or partly from, or an opinion based
wholly or partly on, other documentary information; and
(b) the Designated Authority gave the person a
written notice under subregulation 8.04 (2) disputing the
classification; and
(c) either:
(i) the time for making an objection
in response to the notice has not elapsed; or
(ii) the person has made an objection
in response to the notice, and the objection remains in force.
8.04 Classification
dispute notice
Classification dispute notice for permanently confidential
information
(1) The Designated Authority may give a person a written
notice disputing the classification of documentary information as permanently
confidential information if:
(a) the person gave the documentary information
to the Designated Authority; and
(b) when the information was given, the person
told the Designated Authority in writing that the person classified the
information as:
(i) a trade secret; or
(ii) information the disclosure of
which would, or could reasonably be expected to, adversely affect the person’s
business, commercial or financial affairs; and
(c) the Designated Authority does not consider
the information to be:
(i) a trade secret; or
(ii) information the disclosure of
which would, or could reasonably be expected to, adversely affect the person’s
business, commercial or financial affairs.
Classification dispute notice for interpretative information
(2) The Designated Authority may give a person a
written notice disputing the classification of documentary information as
interpretative information if:
(a) the person gave the documentary information
to the Designated Authority; and
(b) when the information was given, the person
told the Designated Authority in writing that the person classified the
information as a conclusion drawn wholly or partly from, or an opinion based
wholly or partly on, other documentary information; and
(c) the Designated Authority does not consider
the information to be a conclusion drawn wholly or partly from, or an opinion
based wholly or partly on, other documentary information.
Timing of notice
(3) A notice under subregulation (1) or (2) must be
given within 30 days after the Designated Authority receives the
documentary information to which it relates.
Notices may be combined
(4) The Designated Authority may combine 2 or more
notices to the same person under subregulation (1) or (2), or both, into a
single notice.
Contents of notice
(5) A notice must include the following:
(a) if the notice is given under subregulation
(1) — a statement that the Designated Authority considers the information
to be disclosable information and proposes to treat it as disclosable
information under this Part;
(b) if the notice is given under subregulation
(2) — a statement that the Designated Authority considers the information
to be basic information and proposes to treat it as basic information under
this Part;
(c) a statement inviting the person to make a
written objection to the Designated Authority’s proposal to treat the
information as:
(i) if the notice is given under
subregulation (1) — disclosable information; and
(ii) if the notice is given under
subregulation (2) — basic information;
(d) the date by which a written objection must be
given to the Designated Authority;
(e) a statement that if the person does not
make a written objection by the specified date, the information will be taken
under this Part to be:
(i) if the notice is given under
subregulation (1) — disclosable information; and
(ii) if the notice is given under
subregulation (2) — basic information.
(6) For paragraph (5) (d), the date must be at least 45 days
after the date the notice is issued.
8.05 Making
an objection
(1) If a person has received a notice from the
Designated Authority under regulation 8.04, the person may make an
objection to the classification of the information.
(2) The objection may relate to all of the information
described in the notice, or a specified part of the information.
(3) If the notice is given under both
subregulations 8.04 (1) and (2), the objection must state
whether the objection is:
(a) on the ground that the information should be
treated as permanently confidential information; or
(b) on the ground that the information should be
treated as interpretative information; or
(c) on both grounds.
(4) The objection must be made in writing to the Designated
Authority on or before the date specified in the notice.
(5) A valid objection remains in force until it ceases
to be in force under regulation 8.08.
8.06 Consideration
of objection by Designated Authority
(1) If the Designated Authority receives a valid
objection from a person, the Designated Authority must consider the objection
and decide whether to allow or disallow the objection.
(2) The Designated Authority may allow the objection for
part of the documentary information to which it relates, and disallow the objection
for another part.
(3) The Designated Authority must notify the person in
writing of the Designated Authority’s decision within 45 days after the Designated
Authority receives the objection.
(4) In the case of a decision by the Designated Authority
of a State or the Northern Territory to disallow an objection (in whole or in
part), the notice of decision under subregulation (3) must state that the person
may ask the responsible Commonwealth Minister to review the decision in
accordance with regulation 8.07.
Note Part 9.1 of the Act deals with
reconsideration and review of decisions relating to the offshore areas of
external Territories, because in those areas the responsible Commonwealth
Minister is also the Designated Authority.
8.07 Review
of Designated Authority’s decision by Minister
(1) For subsection 718 (2) of the Act, a person
may, in writing, ask the responsible Commonwealth Minister to review a decision
by the Designated Authority of a State or the Northern Territory under
regulation 8.06 to disallow an objection.
(2) The request:
(a) must be given to the Minister within
30 days after the day that the person was given notice of the Designated
Authority’s decision; and
(b) must set out the grounds for making the
request.
(3) The person may withdraw the request by written
notice given to the Minister.
(4) The Minister must, within 45 days after receiving
the request, review the Designated Authority’s decision and:
(a) confirm the Designated Authority’s decision
to disallow the objection; or
(b) revoke the Designated Authority’s decision
and substitute another decision for it.
(5) A decision made by the Minister in substitution for
the Designated Authority’s decision may allow the objection for part of the
documentary information to which it relates, and disallow the objection for
another part.
(6) The Minister must notify the person in writing of
the Minister’s decision as soon as practicable after making the decision.
Note The person may seek further review
of the Minister’s decision — see Part 9.1 of the Act.
8.08 When
objection ceases to be in force
An objection made by a person under
regulation 8.05 ceases to be in force if:
(a) the person withdraws the objection by
notifying the Designated Authority in writing; or
(b) the Designated Authority disallows the
objection, and the person does not seek review of the decision within the time
allowed for an application for review; or
(c) the Designated Authority disallows the
objection, all reviews of the Designated Authority’s decision have been
finalised, and the decision standing after all reviews have been finalised is
that the objection is disallowed.
Division 3 Release of documentary information
8.09 Purpose
of Division
For paragraphs 712 (2) (c) and
715 (2) (c) of the Act, this Division sets out the circumstances in
which the Designated Authority or responsible Commonwealth Minister may:
(a) make documentary information publicly known;
or
(b) make documentary information available to a
person (other than a Minister, a Minister of a State or a Minister of the
Northern Territory).
8.10 Release
of open information about wells and surveys
Despite anything else in this Division, the
Designated Authority or responsible Commonwealth Minister may make open
information about a well or open information about a survey publicly known at
any time.
8.11 Release
of basic disclosable information
(1) The Designated Authority or responsible
Commonwealth Minister may make documentary information publicly known or make
the documentary information available to a person if:
(a) it is basic information; and
(b) it is disclosable information; and
(c) the relevant day for the information has
passed.
Relevant day for seismic surveys
(2) Subject to subregulation (3), the relevant days
for information relating to seismic surveys are set out in the following table.
|
Item
|
Type
of seismic survey
|
Relevant
day
|
|
1
|
A survey that collected
exclusive data, if the survey was conducted under a petroleum production
licence that is still in force
|
The day 2 years after the
acquisition of the data was completed
|
|
2
|
A survey that collected exclusive data, if the survey was
conducted under a petroleum title, other than a petroleum production licence,
that is still in force
|
The day 3 years after the
acquisition of the data was completed
|
|
3
|
A survey that collected exclusive data, if the survey was
conducted under a petroleum title that:
(a) has expired; or
(b) has been surrendered, cancelled, revoked or
terminated before the expiry date of the title
|
The day of the expiry, surrender,
cancellation, revocation or termination
|
|
4
|
A survey that collected 2D seismic data as non‑exclusive
data
|
The day 15 years after the
acquisition of the data was completed
|
|
5
|
A survey that collected 3D seismic data as non‑exclusive
data if either:
(a) the 3D data; or
(b) 2D data extracted from the 3D data, contained
in a seismic extracted data grid;
was required to be produced as a
condition of the grant of a petroleum title
|
For the 3D data — the day
15 years after the acquisition of the data was completed
For the extracted 2D data —
the day 5 years after the acquisition of the 3D data was completed
|
|
6
|
A survey that collected 3D seismic data as non‑exclusive
data if neither:
(a) the 3D data; nor
(b) 2D data extracted from the 3D data, contained in a seismic
extracted data grid;
was required to be produced as a
condition of the grant of a petroleum title
|
For the 3D data — the day
15 years after the acquisition of the data was completed
For the extracted 2D data —
the day 6 years after the acquisition of the 3D data was completed
|
(3) If data from a seismic survey has been reprocessed
as a condition of the grant of a petroleum title, the relevant day for the
documentary information obtained from the reprocessing is the later of:
(a) the relevant day under
subregulation (2) for the information relating to the original survey; and
(b) 3 years after the last day of the year of the
term of the title during which the reprocessing was done.
Note Year of the term is defined
in section 10 of the Act. A year of the term of a title commences on the
day that the title comes into force or on any anniversary of that day.
Relevant day for other geophysical and geological surveys
(4) The relevant days for documentary information
relating to geophysical and geological surveys (other than seismic surveys) are
set out in the following table.
|
Item
|
Type
of survey
|
Relevant
day
|
|
1
|
A survey that was
conducted under a petroleum production licence that is still in force
|
The day 2 years after the
acquisition of the data was completed
|
|
2
|
A survey that was conducted under a petroleum exploration
permit, petroleum retention lease or scientific investigation consent that is
still in force
|
The day 3 years after the
acquisition of the data was completed
|
|
3
|
A survey that was conducted under a petroleum exploration
permit, petroleum retention lease, petroleum production licence or scientific
investigation consent that:
(a) has expired; or
(b) has been surrendered, cancelled, revoked or
terminated before the expiry date of the title
|
The day of the expiry, surrender,
cancellation, revocation or termination
|
|
4
|
A survey conducted under a petroleum special prospecting
authority or petroleum access authority that collected exclusive data, if the
authority is still in force
|
The day 3 years after the
acquisition of the data was completed
|
|
5
|
A survey conducted under a
petroleum special prospecting authority or petroleum access authority that
collected exclusive data, if the authority:
(a) has expired; or
(b) has been surrendered, cancelled, revoked or
terminated before the expiry date of the authority
|
The day of the expiry, surrender,
cancellation, revocation or termination
|
|
6
|
A survey conducted under a
petroleum special prospecting authority or petroleum access authority that collected
non-exclusive data
|
The day 6 years after the
acquisition of the data was completed
|
Relevant day for well operations
(5) The relevant days for documentary information
relating to wells are set out in the following table.
|
Item
|
If
the regulated operation to which the information relates was conducted under
…
|
the
relevant day is …
|
|
1
|
a petroleum production licence
that is still in force
|
the day 1 year after the end
of the operation
|
|
2
|
a petroleum title, other than a
petroleum production licence, that is still in force
|
the day 2 years after the
end of the operation
|
|
3
|
a petroleum title that:
(a) has expired; or
(b) has been surrendered, cancelled, revoked or
terminated before the expiry date of the title
|
the day of the expiry, surrender,
cancellation, revocation or termination
|
Note End of the operation is
defined in regulation 1.05.
8.12 Release
of interpretative disclosable information
(1) The Designated Authority or responsible
Commonwealth Minister may make documentary information publicly known or make
documentary information available to a person if:
(a) it is interpretative information; and
(b) it is disclosable information; and
(c) the information relates to the sea-bed or
subsoil, or to petroleum, in a block; and
(d) it is more than 5 years after the end of
the operation to which the information relates.
Note End of the operation is
defined in regulation 1.05.
(2) Before the documentary information is made available
to a person, the fee worked out under regulation 11.05 is payable by the
person.
8.13 Release
of documentary information — prior availability or consent
(1) Subject to subregulation (2), the Designated
Authority or responsible Commonwealth Minister may make documentary information
publicly known or make documentary information available to a person if:
(a) the petroleum titleholder who gave the
information to the Designated Authority has made the information publicly
known; or
(b) the petroleum titleholder who gave the
information to the Designated Authority has consented in writing to the
information being made publicly known or made available, as the case may be.
(2) If the documentary information relating to a block
was given to the Designated Authority under a petroleum special prospecting
authority, a petroleum access authority or a petroleum scientific investigation
consent, subregulation (1) applies only if the information relates to a
period when no permit, lease or licence was in force over the block.
(3) Before the documentary information is made available
to a person, the fee worked out under regulation 11.05 is payable by the
person.
Division 4 Release of petroleum mining samples
8.14 Purpose
of Division
For paragraph 713 (2) (c) of the Act, this
Division sets out the circumstances in which the Designated Authority or
responsible Commonwealth Minister may:
(a) make publicly known any details of a
petroleum mining sample; or
(b) permit a person (other than a Minister, a
Minister of a State or a Minister of the Northern Territory) to inspect a
petroleum mining sample.
8.15 Release
of petroleum mining samples after relevant day
(1) The Designated Authority or responsible Commonwealth
Minister may make publicly known details of a petroleum mining sample or permit
a person to inspect the sample if the relevant day for the sample has passed.
(2) The relevant days for petroleum mining samples are
set out in the following table.
|
Item
|
If
the regulated operation to which the sample relates was conducted under …
|
the
relevant day is …
|
|
1
|
a petroleum production licence that
is still in force
|
the day 1 year after the end
of the operation
|
|
2
|
a petroleum title, other than a
petroleum production licence, that is still in force
|
the day 2 years after the
end of the operation
|
|
3
|
a petroleum title that:
(a) has expired; or
(b) has been surrendered, cancelled, revoked or
terminated before the expiry date of the title
|
the day of the expiry, surrender,
cancellation, revocation or termination
|
8.16 Release
of petroleum mining samples – prior availability or consent
(1) Subject to subregulation (2), the Designated
Authority or responsible Commonwealth Minister may make publicly known any
details of a petroleum mining sample or permit a person to inspect the sample
if:
(a) the petroleum titleholder who gave the
sample to the Designated Authority has made publicly known those details of the
sample; or
(b) the petroleum titleholder who gave the sample
to the Designated Authority has caused to be made publicly known those details
of the sample; or
(c) the petroleum titleholder who gave the
sample to the Designated Authority has consented in writing to details of the
sample being made publicly known or to the sample being made available for
inspection.
(2) If a petroleum mining sample from a block was given
to the Designated Authority under a petroleum special prospecting authority, a
petroleum access authority or a petroleum scientific investigation consent,
subregulation (1) only applies if the sample was obtained during a period
when no permit, lease or licence was in force over the block.
(3) Before a person is permitted to inspect the sample,
the fee worked out under regulation 11.06 is payable by the person.
Part 9 Data
management — greenhouse gas titleholders
Division 1 Requirements to keep information
9.01 Purpose
of Division
For paragraph 724 (1) (a) of the
Act, the purpose of this Division is to set out requirements for and in
relation to greenhouse gas titleholders keeping accounts, records and other
documents in connection with operations in an offshore area.
9.02 Requirement
to securely retain information
A greenhouse gas titleholder commits an offence if
the titleholder:
(a) keeps accounts, records or other documents
in connection with an operation in an offshore area; and
(b) does not securely retain the accounts, records
and other documents.
Penalty: 30 penalty units.
9.03 Requirement
to retain information so that retrieval is reasonably practicable
A greenhouse gas titleholder commits an offence if
the titleholder:
(a) keeps accounts, records or other documents
in connection with an operation in an offshore area; and
(b) does not retain the accounts, records or
other documents so that retrieval of the accounts, records or other documents
is reasonably practicable.
Penalty: 30 penalty units.
Division 2 Requirements for collection and retention of cores, cuttings
and samples
9.04 Purpose
of Division
For paragraph 724 (1) (b) of the
Act, the purpose of this Division is to set out requirements for and in
relation to greenhouse gas titleholders collecting and retaining cores,
cuttings and samples in connection with operations in an offshore area.
9.05 Requirement
to retain core, cutting or sample
A greenhouse gas titleholder commits an offence if
the titleholder:
(a) undertakes an operation in an offshore area;
and
(b) collects a core, cutting or sample relating
to the operation; and
(c) does not retain the core, cutting or sample.
Penalty: 30 penalty
units.
9.06 Requirement
to retain core, cutting or sample in Australia
(1) A greenhouse gas titleholder commits an offence if:
(a) the titleholder undertakes an operation in
an offshore area; and
(b) the titleholder collects a core, cutting or
sample relating to the operation; and
(c) the titleholder does not retain the core,
cutting or sample in Australia; and
(d) the responsible Commonwealth Minister has not
authorised the titleholder to retain the core, cutting or sample outside
Australia.
Penalty: 30 penalty units.
(2) An offence against subregulation (1) is an offence
of strict liability.
Note For strict liability,
see section 6.1 of the Criminal Code.
9.07 Requirement
to return core, cutting or sample to Australia
(1) A greenhouse gas titleholder commits an offence if:
(a) the responsible Commonwealth Minister has
authorised the titleholder to keep a core, cutting or sample outside Australia;
and
(b) the titleholder does not ensure that the
core, cutting or sample is returned to Australia within:
(i) 12 months after the authorisation
being given; or
(ii) a longer period authorised by the
Minister.
Penalty: 30 penalty units.
(2) An offence against subregulation (1) is an
offence of strict liability.
Note For strict liability,
see section 6.1 of the Criminal Code.
9.08 Requirement
to provide report about overseas analysis of core, cutting or sample
(1) A greenhouse gas titleholder commits an offence if:
(a) the responsible Commonwealth Minister has
authorised the titleholder to keep a core, cutting or sample outside Australia
for the purpose of analysis; and
(b) the titleholder does not give the Minister a
report about the progress of the analysis within:
(i) the period of 12 months beginning
when the authorisation is given; and
(ii) the
end of each subsequent period of 12 months.
Penalty: 60 penalty units.
(2) An offence against subregulation (1) is an offence
of strict liability.
Note For strict liability,
see section 6.1 of the Criminal Code.
9.09 Requirement
to securely retain core, cutting or sample
A greenhouse gas titleholder commits an offence if
the titleholder:
(a) collects a core, cutting or sample in
connection with an operation in an offshore area; and
(b) does not securely retain the core, cutting or
sample.
Penalty: 30 penalty
units.
9.10 Requirement
to retain core, cutting or sample so that retrieval is reasonably practicable
A greenhouse gas titleholder commits an offence if
the titleholder:
(a) collects a core, cutting or sample in
connection with an operation in an offshore area; and
(b) does not retain the core, cutting or sample
so that retrieval of the core, cutting or sample is reasonably practicable.
Penalty: 30 penalty units.
Division 3 Requirements for giving reports and samples
Subdivision 3.1 Preliminary
9.11 Purpose
of Division
For paragraph 724 (1) (c) of the Act
the purpose of this Division is to set out requirements for greenhouse gas
titleholders to give reports and cores, cuttings or samples to the responsible
Commonwealth Minister.
Subdivision 3.2 Reports about
drilling wells
9.12 Requirement
for daily drilling report
(1) A greenhouse gas titleholder commits an offence if the
titleholder:
(a) undertakes drilling operations in a title
area on a day; and
(b) does not give the responsible Commonwealth
Minister a daily drilling report by midday on the day after the day to which
the report relates.
Penalty: 50 penalty
units.
(2) An offence against subregulation (1) is an offence
of strict liability.
Note For strict liability,
see section 6.1 of the Criminal Code.
(3) In this regulation:
daily drilling report means a report that
includes:
(a) the name of the well; and
(b) the location of the well by latitude and
longitude; and
(c) the water depth at the well; and
(d) the drilled depth; and
(e) the work carried out; and
(f) the lithology of formations penetrated; and
(g) details of any indication of hydrocarbons;
and
(h) a summary of the material used; and
(i) drilling fluid losses; and
(j) a leak off test summary; and
(k) the geometry of the well bore; and
(l) the results of surveys made in the well
bore; and
(m) the estimated daily and cumulative well costs.
9.13 Requirement
for initial well completion report and data
(1) A greenhouse gas titleholder commits an offence if
the titleholder:
(a) undertakes drilling operations in a title
area; and
(b) does not give the responsible Commonwealth
Minister an initial well completion report and all initial well completion data
within:
(i) 6 months after the rig release
date; or
(ii) if the Minister authorises the
titleholder to give the report and data within another period — the other
period.
Penalty: 50 penalty
units.
(2) In this regulation:
initial well completion data means each type
of data mentioned in Schedule 1:
(a) presented on a medium and in a format
specified in the item; or
(b) presented on another medium or in another
format that the Minister has authorised the greenhouse gas titleholder to use.
initial well completion report means a
report that includes all of the information listed in subregulation (3).
(3) For the definition of initial well completion
report in subregulation (2), the information required is in the
following table.
|
Item
|
Information required
|
|
1
|
The name of the well
|
|
2
|
The name of the title area in which the well is located
|
|
3
|
The location of the well, in the form of:
(a) latitude and longitude; and
(b) map sheet name and graticular block number; and
(c) seismic line location and shotpoint number
|
|
4
|
The results of a check survey of the location of:
(a) for a subsea well — the wellhead; or
(b) in any other case — the top of the casing
supporting the blow‑out preventer
|
|
5
|
If the well is a sidetrack — the name of the parent
well
|
|
6
|
The names of the rig contractor and rig operator
|
|
7
|
The name of the rig drilling the well
|
|
8
|
The rig’s make and model
|
|
9
|
The names of the contractors for:
(a) cementing; and
(b) wireline logging; and
(c) measurements while drilling (MWD); and
(d) logging while drilling (LWD); and
(e) mudlogging
|
|
10
|
Names of MWD and LWD tools used
|
|
11
|
List of log runs for wireline logging and velocity surveys
|
|
12
|
The purpose of the well (for example development,
appraisal, exploration or stratigraphy)
|
|
13
|
The outcome of the well operation (for example completion
of the well as an injector, suspension or abandonment)
|
|
14
|
Raw pressure-time listings for any formation fluid sample
tests and production tests
|
|
15
|
The spud date
|
|
16
|
The rig release date
|
|
17
|
What is being used as the depth reference for the well
(for example the Kelly bushing or the rig floor)
|
|
18
|
The height of the depth reference above sea level
|
|
19
|
The water depth at the well
|
|
20
|
The measured depth of the well
|
|
21
|
The true vertical depth of the well
|
|
22
|
If applicable, the depth of perforation in the storage
formation
|
|
23
|
The date on which the total depth was reached
|
|
24
|
If the well is deviated or horizontal:
(a) the surveyed path of the well; and
(b) the coordinates of the bottom of the well bore; and
(c) if applicable, the coordinates and true vertical
depth of the intersection of the well with the storage formation
|
|
25
|
Particulars of equipment and casing installed on or in the
well, including schematics
|
|
26
|
If applicable, information on cementing operations and
schematics of abandonment
|
|
27
|
Bit records
|
|
28
|
Drilling fluids used
|
|
29
|
Drilling fluid losses
|
|
30
|
List of cores, cuttings and samples taken, and their
depths and intervals
|
9.14 Requirement
for final well completion report and data
(1) A greenhouse gas titleholder commits an offence if
the titleholder:
(a) undertakes drilling operations in a title
area; and
(b) does not give the responsible Commonwealth
Minister a final well completion report and all final well completion data
within:
(i) 12 months after the rig release
date; or
(ii) if the Minister authorises the
greenhouse gas titleholder to give the report and data within another
period — the other period.
Penalty: 50 penalty
units.
(2) In this regulation:
final well completion data means each type
of data mentioned in Schedule 2:
(a) presented on a medium and in a format
specified in the item; or
(b) presented on another medium or in another
format that the Minister has authorised the greenhouse gas titleholder to use.
final well completion report means a report
that includes all of the information listed in subregulation (3).
(3) For the definition of final well completion
report in subregulation (2), the information required is in the
following table.
|
Item
|
Information required
|
|
1
|
The name of the well
|
|
2
|
The name of the title area in which the well is located
|
|
3
|
The location of the well, in the form of:
(a) latitude and longitude; and
(b) map sheet name and graticular block number; and
(c) seismic line location and shotpoint number
|
|
4
|
If the well is a sidetrack — the name of the parent
well
|
|
5
|
The names of the rig contractor and rig operator
|
|
6
|
The name of the rig drilling the well
|
|
7
|
The rig’s make and model
|
|
8
|
The names of the contractors for:
(a) cementing; and
(b) wireline logging; and
(c) measurements while drilling (MWD); and
(d) logging while drilling (LWD); and
(e) mudlogging
|
|
9
|
The purpose of the well (for example development,
appraisal, exploration or stratigraphy)
|
|
10
|
The outcome of the well operation (for example completion
of the well as an injector, suspension or abandonment)
|
|
11
|
Raw pressure-time listings for any formation fluid sample
tests and production tests
|
|
12
|
The spud date
|
|
13
|
The rig release date
|
|
14
|
What is being used as the depth reference for the well
(for example the Kelly bushing or the rig floor)
|
|
15
|
The height of the depth reference above sea level
|
|
16
|
The water depth at the well
|
|
17
|
The measured depth of the well
|
|
18
|
The true vertical depth of the well
|
|
19
|
If applicable, the depth of perforation in the storage
formation
|
|
20
|
The date on which the total depth was reached
|
|
21
|
If the well is deviated or horizontal:
(a) the surveyed path of the well; and
(b) the coordinates of the bottom of the well bore; and
(c) if applicable, the coordinates and true vertical
depth of the intersection of the well with the storage formation
|
|
22
|
Particulars of equipment and casing installed on or in the
well, including schematics
|
|
23
|
Bit records
|
|
24
|
Drilling fluids used
|
|
25
|
Drilling fluid losses
|
|
26
|
List of cores, cuttings and samples taken, and their
depths and intervals
|
|
27
|
List of logs acquired
|
|
28
|
Details of any hydrocarbon indications
|
|
29
|
The measured depth and true vertical depth of marker
horizons or formation tops
|
|
30
|
Geological interpretations of the observations made as a
result of drilling the well, including:
(a) lithology; and
(b) stratigraphy; and
(c) storage formation properties and quality; and
(d) geochemistry of formation rocks if available; and
(e) environment of deposition if available
|
|
|
|
Subdivision 3.3 Reports about geophysical
and geological surveys
9.15 Requirement
for weekly survey report
(1) A greenhouse gas titleholder commits an offence if
the titleholder:
(a) undertakes a geophysical or geological
survey in a title area; and
(b) does not give the responsible Commonwealth
Minister a weekly survey report as soon as practicable after the end of each
week of the survey.
Penalty: 50 penalty
units.
(2) In this regulation:
weekly survey report means a report that
includes:
(a) the name of the survey; and
(b) the title under which the survey is being
conducted; and
(c) the name of the titleholder; and
(d) the name of the contractor conducting the
survey; and
(e) the name of the vessel or aircraft conducting
the survey; and
(f) a map showing where the survey was conducted
during the week; and
(g) the number of kilometres or square kilometres
for which data was acquired during the week; and
(h) the number of points at which data was
acquired during the week; and
(i) the number of lines of data acquired during
the week; and
(j) the amount of downtime during the week due
to equipment problems, bad weather or other circumstances; and
(k) the percentage of the survey completed at the
end of the week.
week of the survey means:
(a) the week starting on the first day of data
acquisition; and
(b) each subsequent week.
Note Notice of a geophysical or
geological survey is required under regulation 12.07, and the survey will
also require approval as an activity under the Offshore Petroleum and
Greenhouse Gas Storage (Environment) Regulations 2009.
9.16 Requirement
for survey acquisition report and data
(1) A greenhouse gas titleholder commits an offence if
the titleholder:
(a) undertakes a geophysical or geological
survey in a title area; and
(b) does not give the responsible Commonwealth
Minister a survey acquisition report and all survey acquisition data within:
(i) for a 2-dimensional seismic
survey — 12 months after the day that the acquisition of the data is
completed; or
(ii) for a 3-dimensional seismic
survey — 18 months after the day that the acquisition of the data is
completed; or
(iii) for any other type of
survey — 6 months after the day that acquisition of the data is completed;
or
(iv) if the Minister authorises the
titleholder to give the report and data within another period — the other
period.
Penalty: 50 penalty
units.
(2) In this regulation:
survey acquisition data means:
(a) for a seismic survey — each type of
data mentioned in an item in Part 1 of Schedule 3:
(i) presented on a medium and in a
format specified in the item; or
(ii) presented on another medium or in
another format that the responsible Commonwealth Minister has authorised the greenhouse
gas titleholder to use; or
(b) for any other type of survey — each type
of data mentioned in an item in Part 2 of Schedule 3 and presented in
accordance with subparagraph (a) (i) or (ii).
survey acquisition report means a report that
includes:
(a) the name of the survey; and
(b) the title under which the survey was
conducted; and
(c) the name of the titleholder; and
(d) the name of the contractor that conducted the
survey; and
(e) the name of the vessel or aircraft that
conducted the survey; and
(f) a map of where the survey was conducted; and
(g) the dates on which the survey started and
ended; and
(h) details of all data acquisition equipment and
systems used; and
(i) details of all positioning and navigation
equipment and systems used; and
(j) the number of lines of data acquired in the
survey and the number of data acquisition points along each line; and
(k) navigation data for the survey, in the form
of:
(i) for a 2‑dimensional survey —
line ends and bends; or
(ii) for a 3‑dimensional seismic
survey — a full fold polygon outline; or
(iii) for other 3-dimensional
surveys — a polygon outline; and
(l) the geometry of the acquisition parameters;
and
(m) the results of any onboard data processing;
and
(n) the results of any system tests, calibrations
and diagnostics.
9.17 Requirement
for survey processing report and data
(1) A greenhouse gas titleholder commits an offence if
the titleholder:
(a) undertakes a geophysical or geological
survey in a title area; and
(b) does not give the responsible Commonwealth
Minister a survey processing report and all processed survey data within:
(i) for a 2-dimensional seismic
survey — 12 months after the day that the acquisition of the data is
completed; or
(ii) for a 3-dimensional seismic survey —
18 months after the day that the acquisition of the data is completed; or
(iii) for any other type of
survey — 6 months after the day that acquisition of the data is completed;
or
(iv) if the Minister authorises the
titleholder to give the report within another period — the other period.
Penalty: 50 penalty
units.
(2) In this regulation:
processed survey data means:
(a) for a 2‑dimensional seismic survey —
each type of data mentioned in an item in Part 1 of Schedule 4:
(i) presented on a medium and in a
format specified in the item; or
(ii) presented on another medium or in
another format that the responsible Commonwealth Minister has authorised the
greenhouse gas titleholder to use; or
(b) for a 3-dimensional seismic survey —
each type of data mentioned in an item in Part 2 of Schedule 4 and
presented in accordance with subparagraph (a) (i) or (ii); or
(c) for any other type of survey — each
type of data mentioned in an item in Part 3 of Schedule 4 and
presented in accordance with subparagraph (a) (i) or (ii).
survey processing report means a report that
includes:
(a) the name of the survey; and
(b) the title under which the survey was
conducted; and
(c) the name of the titleholder; and
(d) the dates on which processing of the survey
started and ended; and
(e) the name of the processing contractor; and
(f) the purpose of the processing; and
(g) a summary of the data acquisition parameters;
and
(h) details of all the processing sequences and
techniques used; and
(i) a sample Extended Binary Coded Decimal
Interchange Code (EBCDIC) header from the final data set; and
(j) listings of all processed data; and
(k) for a 3‑dimensional survey:
(i) a description of the position of
the survey polygon; and
(ii) a calculation for the 3‑dimensional
line numbering convention.
9.18 Requirement
for survey interpretation report and data
(1) A greenhouse gas titleholder commits an offence if the
titleholder:
(a) undertakes a geophysical or geological
survey in a title area; and
(b) does not give the responsible Commonwealth
Minister a survey interpretation report and interpretative survey data within:
(i) for a seismic survey —
18 months after the day that the acquisition of the data is completed; or
(ii) for any other type of
survey — 12 months after the day that the acquisition of the data is
completed; or
(iii) if the Minister authorises the
titleholder to give the report within another period — the other period.
Penalty: 50 penalty
units.
(2) In this regulation:
interpretative survey data means each type
of data mentioned in an item in Schedule 5:
(a) presented on a medium and in a format
specified in the item; or
(b) presented on another medium or in another
format that the responsible Commonwealth Minister has authorised the greenhouse
gas titleholder to use.
survey interpretation report means a report
that includes the following information:
(a) the name of the survey;
(b) the title under which the survey was
conducted;
(c) the name of the titleholder;
(d) a description of the objectives of the
interpretation;
(e) for a seismic survey:
(i) a list of the surfaces
interpreted; and
(ii) a justification of the surfaces
interpreted, including synthetic seismograms if available; and
(iii) the velocity field used to convert
time to depth (including ASCII data) and the basis for the velocity field; and
(iv) if available, time slices to
describe the environment of deposition;
(f) a bathymetric map of the survey area;
(g) an index of the maps created during the
interpretation.
Subdivision 3.4 Other reports
9.19 Requirement
for greenhouse gas injection monthly report — greenhouse gas injection
licensee
(1) A greenhouse gas injection licensee commits an
offence if the licensee does not give the responsible Commonwealth Minister a greenhouse
gas injection monthly report for a licence area within the period:
(a) starting on the last day of the named month
to which the report relates; and
(b) ending 15 days after that day.
Penalty: 50 penalty
units.
(2) In this regulation:
greenhouse gas injection monthly report
means a report that includes:
(a) for each well in the licence area:
(i) the well’s identification name and
number; and
(ii) a summary of all work that has
been performed on the well during the month; and
(iii) the results of any tests conducted
during the month; and
(iv) the well’s operational status at
the end of the month; and
(v) the average, maximum and minimum
values during the month for injection pressure, temperature and flow rate, at
both the wellhead and the bottom of the well bore; and
(vi) if the well was shut at any time
during the month — the shut-in wellhead pressure; and
(vii) the number of days of greenhouse
gas injection during the month; and
(viii) the cumulative quantities of
greenhouse gas substance that has been injected, and water that has been
produced or injected, as at the end of the month; and
(b) the total quantities of greenhouse gas
substance that has been injected, and water that has been produced or injected,
during the month; and
(c) the average composition of the greenhouse
gas substance injected during the month; and
(d) the sources of the greenhouse gas substances
injected; and
(e) the estimated average pressure in the
storage formation.
9.20 Requirement
for greenhouse gas injection annual report — greenhouse gas injection
licensee
(1) A greenhouse gas injection licensee commits an
offence if the licensee does not give a greenhouse gas injection annual report for
a licence area to the responsible Commonwealth Minister within the period:
(a) starting on the last day of the financial
year to which the report relates; and
(b) ending on the day 4 months after that day.
Penalty: 60 penalty
units.
(2) An offence against subregulation (1) is an offence
of strict liability.
Note For strict liability,
see section 6.1 of the Criminal Code.
(3) In this regulation:
greenhouse gas injection annual report means
a report that includes, for a year:
(a) information about the chemical composition
and physical properties of the injected greenhouse gas substance and any
incidental greenhouse gas-related substances, including isotopic compositions;
and
(b) information about the location and direction
of movement of the greenhouse gas substances injected; and
(c) the results of maintenance operations and
well bore integrity tests; and
(d) history-matched model estimates of remaining
storage capacity in the identified greenhouse gas storage formation.
Note Incidental greenhouse gas-related
substance is defined in section 23 of the Act.
9.21 Requirement
for monthly greenhouse gas accounting report — greenhouse gas injection
licensee
(1) A greenhouse gas injection licensee commits an
offence if the licensee does not give a monthly greenhouse gas accounting
report for a licence area to the responsible Commonwealth Minister within the
period:
(a) starting on the last day of the named month
to which the report relates; and
(b) ending on the day 15 days after that day.
Penalty: 60 penalty
units.
(2) An offence against subregulation (1) is an offence
of strict liability.
Note For strict liability,
see section 6.1 of the Criminal Code.
(3) In this regulation:
monthly greenhouse gas accounting report
means a report that includes, for a month:
(a) the quantity of greenhouse gas substance
that has been put into the system, as measured at:
(i) the source of the greenhouse gas
substance; or
(ii) if the greenhouse gas substance
becomes the responsibility of the licensee at a point other than its source —
that point; and
(b) the quantity of greenhouse gas substance
measured at the last measuring point before injection; and
(c) the average composition of the greenhouse
gas substance injected; and
(d) the maximum and minimum injection rates
during the month; and
(e) the quantity of the greenhouse gas substance
lost, and emissions of additional greenhouse gases generated, in each of the
following processes:
(i) compression;
(ii) transportation;
(iii) injection; and
(f) an explanation of how each of the quantities
mentioned in paragraph (e) was worked out; and
(g) the quantity of greenhouse gas substance lost
from the well bore; and
(h) the quantity of greenhouse gas substance lost
from the storage formation; and
(i) the quantity of greenhouse gases emitted
from the discharge of produced formation fluids.
Note The responsible Commonwealth
Minister must make the information in the report publicly known within
15 days after the Minister receives the report — see regulation
10.10.
9.22 Requirement
for annual greenhouse gas accounting report — greenhouse gas injection
licensee
(1) A greenhouse gas injection licensee commits an
offence if the licensee does not give an annual greenhouse gas accounting
report for a licence area to the responsible Commonwealth Minister within the
period:
(a) starting on the last day of the financial
year to which the report relates; and
(b) ending on the day 4 months after that day.
Penalty: 60 penalty
units.
(2) An offence against
subregulation (1) is an offence of strict liability.
Note For strict liability,
see section 6.1 of the Criminal Code.
(3) In this regulation:
annual greenhouse gas accounting report
means a report that includes, for a year:
(a) the quantity of greenhouse gas substance
injected into the storage formation during the year; and
(b) the cumulative quantity of greenhouse gas
substance that has been stored as at the end of the year; and
(c) the quantity of greenhouse gas substance
lost, and emissions of additional greenhouse gases generated, in the processes
of compression, transportation and injection; and
(d) the quantity of greenhouse gas substance lost
from the well bore; and
(e) the quantity of greenhouse gas substance
lost from the storage formation; and
(f) an
explanation of how losses of the greenhouse gas substance were estimated or
measured; and
(g) an assessment
of the accuracy of the measurement or estimation of the quantities of the
greenhouse gas substance.
Note The responsible Commonwealth
Minister must make the information in the report publicly known within
30 days after the Minister receives the report — see regulation
10.10.
Subdivision 3.5 Cores, cuttings
and samples
9.23 Requirement
to give core, cutting or sample
(1) A greenhouse gas titleholder commits an offence if
the titleholder:
(a) drills a well or conducts another operation
on a well in a title area; and
(b) collects a kind of core, cutting or sample
mentioned in an item in the table in subregulation (4); and
(c) does not give the core, cutting or sample
to the responsible Commonwealth Minister within:
(i) the time specified for that item;
or
(ii) if the Minister authorises the
titleholder to give the core, cutting or sample in another period — the
other period.
Penalty: 60 penalty
units.
Note Division 2 sets out
requirements for the collection and keeping of cores, cuttings and samples.
(2) The titleholder must give the Minister the quantity
of the core, cutting or sample specified for that item if that quantity is
available.
(3) If the specified quantity is not available, the
titleholder must:
(a) give the Minister an explanation why the
specified quantity was not sent; and
(b) tell the Minister the total amount of the
core, cutting or sample that was recovered.
(4) Kinds of core, cutting or sample mentioned in
paragraph (1) (b) are set out in the following table.
|
Item
|
Sample type
|
Quantity of core, cutting or
sample
|
Time by which core, cutting
or sample must be given
|
|
1
|
Ditch cuttings
|
1 set of 200 grams dry weight per sample interval
|
The day 6 months after the rig release date
|
|
2
|
Full hole conventional cores
|
1/3 of the core
|
The day 6 months after the rig release date
|
|
3
|
Gaseous hydrocarbon samples
|
300 cm3
|
As soon as practicable after completion of the test during
which the sample is collected
|
|
4
|
Fluid hydrocarbon samples
|
1 litre
|
Either:
(a) if the sample is collected during the drilling of a
well — the day 6 months after the rig release date; or
(b) if the sample is collected during a test on a
completed well — as soon as practicable after collection of the sample
|
|
5
|
Sidewall core material
|
All material collected
|
The day 12 months after the rig release date
|
|
6
|
Palynological slides and residues, Paleontological
material and Petrological slides
|
All material collected
|
The day 12 months after the rig release date
|
Part 10 Release
of technical information about greenhouse gas
Division 1 Preliminary
10.01 Definitions
In this Part:
basic information means documentary
information that is not interpretative information.
disclosable information means documentary
information that is not permanently confidential information.
documentary information has the meaning given
by section 736 of the Act.
eligible sample has the meaning given by
section 736 of the Act.
interpretative information has the meaning
given by regulation 10.03.
permanently confidential information has the
meaning given by regulation 10.02.
Division 2 Classification of documentary information
10.02 Meaning
of permanently confidential information
(1) This regulation sets out the 4 situations in which
documentary information is permanently confidential information.
Excluded information is permanently confidential
(2) Despite anything else in this Division, excluded
information is permanently confidential information.
Note Excluded information is
defined in regulation 1.06.
Minister classifies as permanently confidential
(3) Documentary information given by a person to the responsible
Commonwealth Minister is permanently confidential information if
the Minister considers the information to be:
(a) a trade secret; or
(b) information the disclosure of which would, or
could reasonably be expected to, adversely affect the person’s business,
commercial or financial affairs.
Minister does not dispute classification
(4) Documentary information given by a person to the responsible
Commonwealth Minister is permanently confidential information if:
(a) when the information was given, the person
told the Minister in writing that the person classified the information as:
(i) a trade secret; or
(ii) information the disclosure of
which would, or could reasonably be expected to, adversely affect the person’s
business, commercial or financial affairs; and
(b) the Minister did not give the person a
written notice under subregulation 10.04 (1) disputing the
classification.
Minister disputes classification and objection is in force
(5) Documentary information given by a person to the responsible
Commonwealth Minister is permanently confidential information if:
(a) when the information was given, the person
told the Minister in writing that the person classified the information as:
(i) a trade secret; or
(ii) information the disclosure of
which would, or could reasonably be expected to, adversely affect the person’s
business, commercial or financial affairs; and
(b) the Minister gave the person a written notice
under subregulation 10.04 (1) disputing the classification; and
(c) either:
(i) the time for making an objection
in response to the notice has not elapsed; or
(ii) the person has made an objection
in response to the notice, and the objection remains in force.
10.03 Meaning
of interpretative information
(1) This regulation sets out the 3 situations in which
documentary information is interpretative information.
Minister classifies as interpretative
(2) Documentary information given by a person to the responsible
Commonwealth Minister is interpretative information if the Minister
considers the information to be a conclusion drawn wholly or partly from, or an
opinion based wholly or partly on, other documentary information.
Minister does not dispute classification
(3) Documentary information given by a person to the responsible
Commonwealth Minister is interpretative information if:
(a) when the information was given, the person
told the Minister in writing that the person classified the information as a
conclusion drawn wholly or partly from, or an opinion based wholly or partly
on, other documentary information; and
(b) the Minister did not give the person a
written notice under subregulation 10.04 (2) disputing the
classification.
Minister disputes classification and objection to disclosure is in
force
(4) Documentary information given by a person to the responsible
Commonwealth Minister is interpretative information if:
(a) when the information was given, the person
told the Minister in writing that the person classified the information as a
conclusion drawn wholly or partly from, or an opinion based wholly or partly
on, other documentary information; and
(b) the Minister gave the person a written notice
under subregulation 10.04 (2) disputing the classification; and
(c) either:
(i) the time for making an objection
in response to the notice has not elapsed; or
(ii) the person has made an objection
in response to the notice, and the objection remains in force.
10.04 Classification
dispute notice
Classification dispute notice for permanently confidential
information
(1) The responsible Commonwealth Minister may give a person
a written notice disputing the classification of documentary information as
permanently confidential information if:
(a) the person gave the documentary information
to the Minister; and
(b) when the information was given, the person
told the Minister in writing that the person classified the information as:
(i) a trade secret; or
(ii) information the disclosure of
which would, or could reasonably be expected to, adversely affect the person’s
business, commercial or financial affairs; and
(c) the Minister does not consider the
information to be:
(i) a trade secret; or
(ii) information the disclosure of
which would, or could reasonably be expected to, adversely affect the person’s
business, commercial or financial affairs.
Classification dispute notice for interpretative information
(2) The responsible Commonwealth Minister may give a person
a written notice disputing the classification of documentary information as
interpretative information if:
(a) the person gave the documentary information
to the Minister; and
(b) when the information was given, the person
told the Minister in writing that the person classified the information as a
conclusion drawn wholly or partly from, or an opinion based wholly or partly
on, other documentary information; and
(c) the Minister does not consider the
information to be a conclusion drawn wholly or partly from, or an opinion based
wholly or partly on, other documentary information.
Timing of notice
(3) A notice under subregulation (1) or (2) must be
given within 30 days after the responsible Commonwealth Minister receives
the documentary information to which it relates.
Notices may be combined
(4) The responsible Commonwealth Minister may combine 2
or more notices to the same person under subregulation (1) or (2), or
both, into a single notice.
Contents of notice
(5) A notice must include the following:
(a) if the notice is given under subregulation
(1) — a statement that the responsible Commonwealth Minister considers the
information to be disclosable information and proposes to treat it as
disclosable information under this Part;
(b) if the notice is given under subregulation
(2) — a statement that the Minister considers the information to be basic
information and proposes to treat it as basic information under this Part;
(c) a statement inviting the person to make a
written objection to the Minister’s proposal to treat the information as:
(i) if the notice is given under
subregulation (1) — disclosable information; and
(ii) if the notice is given under
subregulation (2) — basic information;
(d) the date by which a written objection must be
given to the Minister;
(e) a statement that if the person does not
make a written objection by the specified date, the information will be taken
under this Part to be:
(i) if the notice is given under
subregulation (1) — disclosable information; and
(ii) if the notice is given under
subregulation (2) — basic information.
(6) For paragraph (5) (d), the date must be at least
45 days after the date the notice is issued.
10.05 Making
an objection
(1) If a person has received a notice from the
responsible Commonwealth Minster under regulation 10.04, the person may
make an objection to the classification of the information.
(2) The objection may relate to all of the information
described in the notice, or a specified part of the information.
(3) If the notice is given under both
subregulations 10.04 (1) and (2), the objection must state
whether the objection is:
(a) on the ground that the information should be
treated as permanently confidential information; or
(b) on the ground that the information should be
treated as interpretative information; or
(c) on both grounds.
(4) The objection must be made in writing to the responsible
Commonwealth Minister, on or before the date specified in the notice.
(5) A valid objection remains in force until it ceases
to be in force under regulation 10.07.
10.06 Consideration
of objection by Minister
(1) If the responsible Commonwealth Minister receives a
valid objection from a person, the Minister must consider the objection and
decide whether to allow or disallow the objection.
(2) The Minister may allow the objection for part of the
documentary information to which it relates, and disallow the objection for
another part.
(3) The Minister must notify the person in writing of
the Minister’s decision within 45 days after the Minister receives the
objection.
Note Part 9.1 of the Act provides for
review of this decision by the Administrative Appeals Tribunal.
10.07 When
objection ceases to be in force
An objection made by a person under
regulation 10.05 ceases to be in force if:
(a) the person withdraws the objection by
notifying the responsible Commonwealth Minister in writing; or
(b) the Minister disallows the objection, and the
person does not seek review of the decision within the time allowed for an
application for review; or
(c) the Minister disallows the objection, all
reviews of the Minister’s decision have been finalised, and the decision
standing after all reviews have been finalised is that the objection is
disallowed.
Division 3 Release of documentary information
10.08 Purpose
of Division
For paragraph 738 (2) (c) of the Act,
this Division sets out the circumstances in which the responsible Commonwealth
Minister may:
(a) make documentary information publicly known;
or
(b) make documentary information available to a
person (other than a Minister, a Minister of a State or a Minister of the
Northern Territory).
10.09 Release
of open information about wells and surveys
Despite anything else in this Division, the
responsible Commonwealth Minister may make open information about a well or
open information about a survey publicly known at any time.
10.10 Release
of information from greenhouse gas accounting reports
Despite anything else in this Division, the
responsible Commonwealth Minister must make documentary information contained
in a report mentioned in an item of the following table publicly available no
later than the day specified in the item.
|
Item
|
Report
|
Day
|
|
|
|
1
|
A monthly greenhouse gas accounting report given under
regulation 9.21
|
15 days after the day the Minister receives the report
|
|
|
2
|
An annual greenhouse gas accounting report given under
regulation 9.22
|
30 days after the day the Minister receives the report
|
|
10.11 Release
of basic disclosable information
(1) The responsible Commonwealth Minister may make
documentary information publicly known or make the documentary information
available to a person if:
(a) it is basic information; and
(b) it is disclosable information; and
(c) the relevant day for the information has
passed.
Relevant day for seismic surveys
(2) Subject to subregulation (3), the relevant days
for information relating to seismic surveys are set out in the following table.
|
Item
|
Type
of seismic survey
|
Relevant
day
|
|
1
|
A survey that collected
exclusive data, if the survey was conducted under a greenhouse gas injection
licence that is still in force
|
The day 2 years after the
acquisition of the data was completed
|
|
2
|
A survey that collected exclusive data, if the survey was
conducted under a greenhouse gas title, other than a greenhouse gas injection
licence, that is still in force
|
The day 3 years after the
acquisition of the data was completed
|
|
3
|
A survey that collected exclusive data, if the survey was
conducted under a greenhouse gas title that:
(a) has expired; or
(b) has been surrendered, cancelled, revoked or terminated
before the expiry date of the title
|
The day of the expiry, surrender,
cancellation, revocation or termination
|
|
4
|
A survey that collected 2D seismic data as non‑exclusive
data
|
The day 15 years after the
acquisition of the data was completed
|
|
5
|
A survey that collected 3D seismic data as non‑exclusive
data if either:
(a) the 3D data; or
(b) 2D data extracted from the 3D data, contained in a seismic
extracted data grid;
was required to be produced as a
condition of the grant of a greenhouse gas title
|
For the 3D data — the day
15 years after the acquisition of the data was completed
For the extracted 2D data —
the day 5 years after the acquisition of the 3D data was completed
|
|
6
|
A survey that collected 3D seismic data as non‑exclusive
data if neither:
(a) the 3D data; nor
(b) 2D data extracted from the 3D data, contained in a
seismic extracted data grid;
was required to be produced as a
condition of the grant of a greenhouse gas title
|
For the 3D data — the day
15 years after the acquisition of the data was completed
For the extracted 2D data —
the day 6 years after the acquisition of the 3D data was completed
|
(3) If data from a seismic survey has been reprocessed
as a condition of the grant of a greenhouse gas title, the relevant day for the
documentary information obtained from the reprocessing is the later of:
(a) the relevant day under
subregulation (2) for the information relating to the original survey; and
(b) 3 years after the last day of the year of the
term of the title during which the reprocessing was done.
Note Year of the term is defined
in section 10 of the Act. A year of the term of a title commences on the
day that the title comes into force or on any anniversary of that day.
Relevant day for other geophysical and geological surveys
(4) The relevant days for
documentary information relating to geophysical and geological surveys (other
than seismic surveys) are set out in the following table.
|
Item
|
Type
of survey
|
Relevant
day
|
|
1
|
A survey that was
conducted under a greenhouse gas injection licence that is still in force
|
The day 2 years after the
acquisition of the data was completed
|
|
2
|
A survey that was conducted under a greenhouse gas
assessment permit, greenhouse gas holding lease or greenhouse gas research
consent that is still in force
|
The day 3 years after the
acquisition of the data was completed
|
|
3
|
A survey that was conducted under a greenhouse gas
assessment permit, greenhouse gas holding lease, greenhouse gas injection
licence or greenhouse gas research consent that:
(a) has expired; or
(b) has been surrendered, cancelled, revoked or
terminated before the expiry date of the title
|
The day of the expiry, surrender,
cancellation, revocation or termination
|
|
4
|
A survey conducted under a greenhouse gas search authority
or greenhouse gas special authority that collected exclusive data, if the
authority is still in force
|
The day 3 years after the
acquisition of the data was completed
|
|
5
|
A survey conducted under a
greenhouse gas search authority or greenhouse gas special authority that collected
exclusive data, if the authority:
(a) has expired; or
(b) has been surrendered, cancelled, revoked or
terminated before the expiry date of the authority
|
The day of the expiry, surrender,
cancellation, revocation or termination
|
|
6
|
A survey conducted under a
greenhouse gas search authority or greenhouse gas special authority that
collected non-exclusive data
|
The day 6 years after the
acquisition of the data was completed
|
Relevant day for well operations
(5) The relevant days for documentary information
relating to wells are set out in the following table.
|
Item
|
If
the regulated operation to which the information relates was conducted under
…
|
the
relevant day is …
|
|
1
|
a greenhouse gas injection
licence that is still in force
|
the day 1 year after the end
of the operation
|
|
2
|
a greenhouse gas title, other
than a greenhouse gas injection licence, that is still in force
|
the day 2 years after the
end of the operation
|
|
3
|
a greenhouse gas title that:
(a) has expired; or
(b) has been surrendered, cancelled, revoked or
terminated before the expiry date of the title
|
the day of the expiry, surrender,
cancellation, revocation or termination
|
Note End of the operation is
defined in regulation 1.05.
10.12 Release
of interpretative disclosable information
(1) The responsible Commonwealth Minister may make
documentary information publicly known or make documentary information
available to a person if:
(a) it is interpretative information; and
(b) it is disclosable information; and
(c) the information relates to the sea-bed or
subsoil, or to a greenhouse gas substance, in a block; and
(d) it is more than 5 years after the end of
the operation to which the information relates.
Note End of the operation is
defined in regulation 1.05.
(2) Before the documentary information is made available
to a person, the fee worked out under regulation 11.05 is payable by the
person.
10.13 Release
of documentary information — prior availability or consent
(1) Subject to subregulation (2), the responsible
Commonwealth Minister may make documentary information publicly known or make
documentary information available to a person if:
(a) the greenhouse gas titleholder who gave the
information to the Minister has made the information publicly known; or
(b) the greenhouse gas titleholder who gave the
information to the Minister has consented in writing to the information being
made publicly known or made available, as the case may be.
(2) If the documentary information relating to a block
was given to the Minister under a greenhouse gas search authority, a greenhouse
gas special authority or a greenhouse gas research consent,
subregulation (1) applies only if the information relates to a period when
no permit, lease or licence was in force over the block.
(3) Before the documentary information is made available
to a person, the fee worked out under regulation 11.05 is payable by the
person.
Division 4 Release of eligible samples
10.14 Purpose
of Division
For paragraph 739 (2) (c) of the Act, this
Division sets out the circumstances in which the responsible Commonwealth
Minister may:
(a) make publicly known any details of an
eligible sample; or
(b) permit a person (other than a Minister, a
Minister of a State or a Minister of the Northern Territory) to inspect an
eligible sample.
10.15 Release
of eligible samples after relevant day
(1) The responsible Commonwealth Minister may make
publicly known details of an eligible sample or permit a person to inspect the
sample if the relevant day for the sample has passed.
(2) The relevant days for eligible samples are set out
in the following table.
|
Item
|
If
the regulated operation to which the sample relates was conducted
under …
|
the
relevant day is …
|
|
1
|
a greenhouse gas injection
licence that is still in force
|
the day 1 year after the end
of the operation
|
|
2
|
a greenhouse gas title, other
than a greenhouse gas injection licence, that is still in force
|
the day 2 years after the
end of the operation
|
|
3
|
a greenhouse gas title that:
(a) has expired; or
(b) has been surrendered, cancelled, revoked or
terminated before the expiry date of the title
|
the day of the expiry, surrender,
cancellation, revocation or termination
|
10.16 Release
of eligible samples — prior availability or consent
(1) Subject to subregulation (2), the responsible
Commonwealth Minister may make publicly known any details of an eligible sample
or permit a person to inspect the sample if:
(a) the greenhouse gas titleholder who gave the
sample to the Minister has made publicly known those details of the sample; or
(b) the greenhouse gas titleholder who gave the
sample to the Minister has caused to be made publicly known those details of
the sample; or
(c) the greenhouse gas titleholder who gave the
sample to the Minister has consented in writing to details of the sample being
made publicly known or to the sample being made available for inspection, as
the case may be.
(2) If an eligible sample from a block was given to the Minister
under a greenhouse gas search authority, a greenhouse gas special authority or
a greenhouse gas research consent, subregulation (1) only applies if the
sample was obtained during a period when no permit, lease or licence was in
force over the block.
(3) Before a person is permitted to inspect the sample,
the fee worked out under regulation 11.06 is payable by the person.
Part 11 Fees
11.01 Application fees
(1) For subsection 256 (2) of the Act, the
prescribed fee for an application is the fee specified in Part 1 of Schedule 6
for that application.
(2) For subsection 427 (2) of the Act, the prescribed
fee for an application is the fee specified in Part 2 of Schedule 6 for that
application.
11.02 Registration
fees
(1) For paragraph 483 (2) (b) of the Act, the
fee is $92.
(2) For paragraph 485 (2) (b) of the Act, the
fee is $92.
(3) For paragraph 534 (2) (b) of the Act, the
fee is $92.
(4) For paragraph 536 (2) (b) of the Act, the
fee is $92.
11.03 Register
inspection fee
(1) For subsections 515 (1) and (2) of the Act, the
fee is $19.
(2) For subsections 564 (1) and (2) of the Act, the
fee is $19.
11.04 Document
and certification fees
(1) For subsections 516 (2) and 565 (2) of the
Act, the fee is $3.50 per page.
(2) For subsections 516 (4) and 565 (4) of the
Act, the fee is $45.
11.05 Information
fees
For paragraphs 717 (2) (a) and 741 (2) (a)
of the Act, the fee payable for making information available to a person is an
amount equal to the sum of the following amounts:
(a) if the information requested is contained in
a document and that document is lent to the person who made the request —
an amount calculated at the rate of $38 per day or part of a day during which
the document containing the information is on loan to that person;
(b) if the information requested is contained in
a document and that document is not readily available and a search is necessary
to locate the information — an amount calculated at the rate of $38 per
hour or part of an hour after the first half hour for the time taken to locate
the information;
(c) if any information referred to in paragraph
(a) or (b) is, on the application of the person making the request:
(i) copied or reproduced; or
(ii) forwarded or consigned to that
person;
an amount equal to all costs incurred in
the copying or reproduction or forwarding or consignment, including the costs
of packaging (if applicable).
Note The fees in this regulation relate
to provisions in Parts 8 and 10 of these Regulations.
11.06 Sample
inspection fees
For paragraphs 717 (2) (b) and 741 (2)
(b) of the Act, the fee payable for permitting a person to inspect a sample is
an amount equal to the sum of the following amounts:
(a) if the sample is lent to the person who made
the request — an amount calculated at the rate of $38 per day or part of a
day during which the sample is on loan to that person;
(b) if the sample
is, on the application of the person making the request, forwarded or consigned
to that person — an amount equal to all costs incurred in the forwarding
or consignment, including the costs of packaging (if applicable).
Note The fees in this regulation relate
to provisions in Parts 8 and 10 of these Regulations.
Part 12 Miscellaneous
12.01 Form of instrument of
transfer
For paragraphs 474 (a) and 526 (a) of the
Act, an instrument of transfer must be in the form set out in Schedule 7.
12.02 Prescribed
details for supplementary instrument for approval of dealing
(1) For subsections 489 (2) and 540 (2) of
the Act, the following details are prescribed:
(a) description and date of execution of the
instrument evidencing the dealing mentioned in subsection 489 (1) or 540 (1)
of the Act;
(b) details of the title (including the type and
number of the title) to which the dealing relates;
(c) full name and business address of each party
to the dealing;
(d) details of the effect or effects, upon
registration, of the dealing specified in terms of the relevant item in section 486
or 537 of the Act;
(e) details of the interest or interests in the
title of all parties to the dealing:
(i) before the registration of the
dealing; and
(ii) in the event of approval of the
dealing, after the registration of the dealing;
(f) if item 1 or 3 of the table in subsection 6 (2)
or 6B (2) of the Offshore Petroleum and Greenhouse Gas Storage (Registration
Fees) Act 2006 applies to the dealing — the value of the consideration;
(g) if the dealing relates to an interest in a
licence or pipeline licence to which item 2 or 4 of the table in subsection 6 (2)
or 6B (2) of the Offshore Petroleum and Greenhouse Gas Storage (Registration
Fees) Act 2006 applies — the value of the interest;
(h) whether or not the parties to the dealing
have made or propose to make an application for the purposes of item 6 of the
table in subsection 6 (2) or 6B (2) of the Offshore Petroleum and
Greenhouse Gas Storage (Registration Fees) Act 2006;
(i) in respect of any related dealing for which
an entry has been made in the Register or an application in writing for
approval by the Joint Authority has been lodged:
(i) a description of the instrument
evidencing the dealing and the date of execution; and
(ii) the date of approval by the Joint
Authority or Designated Authority (if appropriate); and
(iii) the registration number (if any).
(2) In this regulation:
related dealing means a dealing executed,
before the execution of the instrument evidencing the dealing mentioned in
paragraph (1) (a), by some or all of the parties to that instrument:
(a) that affects the title which is the subject
of the dealing to which the instrument referred to in paragraph (1) (a)
relates; and
(b) that:
(i) creates or assigns an option to
enter into the dealing mentioned in paragraph (1) (a); or
(ii) creates or assigns a right to
enter into the dealing mentioned in paragraph (1) (a); or
(iii) is altered or terminated by the
dealing mentioned in paragraph (1) (a);
and includes any transaction in respect of which an instrument was
registered under section 81 of the Petroleum (Submerged Lands) Act 1967 before
22 July 1985.
12.03 Survey
of wells, structures or equipment
(1) The Regulator may, in writing, require a titleholder
to:
(a) survey the position of the well, pipeline,
infrastructure facility, structure or equipment specified in the notice; and
(b) give a written report of the survey to the
Regulator.
(2) The Regulator must specify in a request a reasonable
period within which the survey must be done and the report given.
(3) A titleholder commits an offence if the titleholder
does not comply with a request under subregulation (1) within the period
required under subregulation (2).
Penalty: 60 penalty
units.
(4) An offence against subregulation (3) is an
offence of strict liability.
Note For strict liability,
see section 6.1 of the Criminal Code.
(5) In this regulation:
Regulator means:
(a) for a petroleum titleholder, infrastructure
licensee or pipeline licensee — the Designated Authority; or
(b) for a greenhouse gas titleholder — the
responsible Commonwealth Minister.
12.04 Notice
of route followed by pipeline
A pipeline licensee commits an office if the
licensee:
(a) constructs a pipeline in an offshore area;
and
(b) does not inform both the Designated
Authority and the Australian Hydrographic Office, in writing, of the exact route
followed by the pipeline by the earlier of:
(i) 14 days after the day that
construction of the pipeline is completed; and
(ii) the day before the pipeline is
operated.
Penalty: 60 penalty units.
12.05 Requirement
to give notice of pipeline incident
(1) A pipeline licensee commits an offence if:
(a) a reportable incident occurs in relation to a
pipeline under a licence; and
(b) the licensee does not give notice (oral or
written) of the incident to the Designated Authority, a petroleum project
inspector or a greenhouse gas project inspector, including all material details
of the incident that are reasonably available to the licensee, as soon as
practicable after:
(i) the first occurrence of the
incident; or
(ii) if the incident is not detected by
the licensee at the time of its first occurrence — the detection of the
incident by the licensee.
Penalty: 60 penalty units.
(2) In this regulation:
reportable incident means an incident:
(a) that:
(i) results in significant damage to a
pipeline (for example reducing the capacity of the pipeline to contain the
substance flowing through it); or
(ii) is likely to have a result of a
kind mentioned in subparagraph (i); or
(iii) is of a kind that a reasonable
pipeline licensee would consider to require immediate investigation; and
(b) that is not a reportable incident within the
meaning of the Offshore Petroleum and Greenhouse Gas Storage (Environment)
Regulations 2009.
12.06 Requirement
to provide written report about pipeline incident
(1) A pipeline licensee commits an offence if:
(a) a reportable incident occurs in relation to a
pipeline under a licence; and
(b) the licensee does not give the Designated
Authority an incident report either:
(i) as soon as practicable, but
within 3 days after:
(A) the first occurrence of
the incident; or
(B) if the incident is not
detected by the licensee at the time of its first occurrence — the
detection of the incident by the licensee; or
(ii) if the Designated Authority
specifies, in writing and within the period mentioned in subparagraph (i),
another period for giving the report — within that period.
Penalty: 50 penalty units.
(2) It is a defence to a prosecution for an offence
against subregulation (1) if:
(a) subparagraph (1) (b) (ii) applies
to the offence; and
(b) it was not practicable for the licensee to
give the report to the Designated Authority within the specified period.
Note A defendant bears an evidential
burden in relation to the matter in subregulation (2) — see subsection
13.3 (3) of the Criminal Code.
(3) In this regulation:
incident report means a report that includes:
(a) all the material facts and circumstances of
the incident that the licensee is aware of or is able, by reasonable search and
inquiry, to find out, including the following:
(i) the date, time and place of the
incident;
(ii) the particulars of any loss or
damage caused by the incident;
(iii) if petroleum or a greenhouse gas
substance escaped from the pipeline or ignited — the amount of that substance
and the measures taken to control the escape or fire;
(iv) the cause of the incident;
(v) the repairs (if any) carried out,
or proposed to be carried out, on the pipeline; and
(b) the corrective action that has been taken, or
is proposed to be taken, to prevent another incident of that kind.
reportable incident has the same meaning as
in regulation 12.05.
12.07 Requirement
for notice of geophysical or geological survey
(1) A petroleum titleholder or greenhouse gas
titleholder commits an offence if:
(a) the titleholder undertakes a geophysical or
geological survey in the title area; and
(b) the titleholder does not notify the
Regulator, at least 48 hours before the proposed start of the survey, of
the following:
(i) the proposed date and time that
the survey will start;
(ii) the duration of the survey;
(iii) the survey area coordinates;
(iv) in the case of a seismic
survey — the length of the streamers to be towed by the survey vessel.
Penalty: 60 penalty
units.
(2) Subregulation (1) is an offence of strict
liability.
Note For strict liability,
see section 6.1 of the Criminal Code.
(3) In this regulation:
Regulator means:
(a) for a petroleum titleholder — the
Designated Authority; or
(b) for a greenhouse gas titleholder — the
responsible Commonwealth Minister.
Note A survey will also require approval
as an activity under the Offshore Petroleum and Greenhouse Gas Storage
(Environment) Regulations 2009.
12.08 Requirement
to give notice of actions for Royalty Act purposes
(1) A petroleum titleholder commits an offence if:
(a) the titleholder samples a petroleum stream
for the purpose of working out the amount of royalty payable under the Royalty
Act; and
(b) the titleholder did not notify the Designated
Authority in writing that the titleholder was going to sample the stream.
Penalty: 60 penalty
units.
(2) A petroleum titleholder commits an offence if:
(a) the titleholder proves a meter that is used
to work out the amount of royalty payable under the Royalty Act; and
(b) the titleholder did not notify the Designated
Authority in writing that the titleholder was going to prove the meter.
Penalty: 60 penalty
units.