Part 1 Preliminary
1 Name
of Regulations [see Note
1]
These Regulations are the Offshore Petroleum and
Greenhouse Gas Storage (Environment) Regulations 2009.
2 Commencement
These Regulations commence on 1 October 1999.
3 Object
of Regulations
The object of these Regulations is to ensure that
any petroleum activity or greenhouse gas storage activity carried out in an
offshore area is:
(a) carried out in a manner consistent with the
principles of ecologically sustainable development; and
(b) carried out in accordance with an
environmental plan that has:
(i) appropriate environmental
performance objectives and standards; and
(ii) measurement criteria for
determining whether the objectives and standards have been met.
4 Definitions
(1) In these Regulations, unless the contrary intention
appears:
accepted, in relation to an environment plan,
means a plan accepted by the Regulator under regulation 11.
Act means the Offshore Petroleum and
Greenhouse Gas Storage Act 2006.
activity means a petroleum activity or a
greenhouse gas activity.
environment means:
(a) ecosystems
and their constituent parts, including people and communities; and
(b) natural and physical resources; and
(c) the qualities and characteristics of
locations, places and areas; and
(d) the heritage value of places;
and includes
(e) the social, economic and cultural features
of the matters mentioned in paragraphs (a), (b), (c) and (d).
environmental impact means any change to the
environment, whether adverse or beneficial, that wholly or partially results
from an activity of an operator.
environmental performance means the
performance of an operator in relation to the environmental performance
objectives and standards mentioned in an environment plan accepted under these
Regulations.
environmental performance objective means the
goals of an operator that are mentioned in an environment plan accepted under
these Regulations.
environmental performance standard means a
statement of performance required of a system, an item of equipment, a person
or a procedure, that is used as a basis for managing environmental risk, for
the duration of the activity in accordance with the objectives of the
regulations, as set out in an environment plan accepted under these
Regulations.
environment plan,
in relation to an operator of an activity, means an environment plan submitted
by the operator that is:
(a) accepted and
revised from time to time under these Regulations;
but does not include:
(b) if the
environment plan is accepted in part — that part of the plan that is not
accepted; or
(c) an
environment plan for which the acceptance has been withdrawn.
facility includes a structure or
installation of any kind.
greenhouse gas activity:
(a) means:
(i) any operations or works in an
offshore area carried out under a greenhouse gas instrument, other authority or
consent under the Act or regulations made under the Act; and
(ii) any activity relating to
greenhouse gas exploration, injection or storage which may have an impact on
the environment; and
(b) includes:
(i) seismic or other surveys; and
(ii) drilling; and
(iii) construction and installation of a
facility; and
(iv) operation of a facility; and
(v) significant modification of a
facility; and
(vi) decommissioning, dismantling or
removing a facility; and
(vii) construction and installation of a
greenhouse gas pipeline; and
(viii) operation of a greenhouse gas
pipeline; and
(ix) significant modification of a
greenhouse gas pipeline; and
(x) decommissioning, dismantling or
removing a greenhouse gas pipeline; and
(xi) injection and storage of greenhouse
gas.
greenhouse gas instrument:
(a) means an authority granted by instrument
under the Act for the carrying out of a greenhouse gas activity; and
(b) includes:
(i) a greenhouse gas assessment
permit;
(ii) a greenhouse gas-related pipeline
licence;
(iii) an infrastructure licence;
(iv) a greenhouse gas search authority;
(v) a greenhouse gas special authority;
(vi) a greenhouse gas holding lease;
(vii) a greenhouse gas injection licence.
greenhouse gas instrument holder:
(a) means the registered holder of a greenhouse
gas instrument; and
(b) includes:
(i) a permittee; and
(ii) a lessee; and
(iii) a licensee; and
(iv) a pipeline licensee; and
(v) an infrastructure licensee; and
(vi) a registered holder of a greenhouse
gas search authority; and
(vii) a registered holder of a greenhouse
gas special authority for the activity.
instrument holder, for an activity, means:
(a) a greenhouse gas instrument holder; and
(b) a petroleum instrument holder.
nominated address, for an operator, means the
address of the operator of which notice has been given under paragraph
32 (3) (a).
operator, for an activity, means:
(a) if there is a person recorded by the Regulator
as the operator of the activity under regulation 35 — that person; or
(b) in any other case:
(i) if there is a petroleum instrument —
the person responsible to the petroleum instrument holder for the overall
management of operations of the activity (whether or not the operations have
commenced) — that person; or
(ii) if there is a greenhouse gas
instrument — the person responsible to the greenhouse gas instrument
holder for the overall management of operations of the activity (whether or not
the operations have commenced); or
(iii) if there is no petroleum
instrument or greenhouse gas instrument — the person performing the
activity.
petroleum activity:
(a) means:
(i) any operations or works in an
offshore area carried out under a petroleum instrument, other authority or
consent under the Act or the regulations; and
(ii) any activity relating to petroleum
exploration or development which may have an impact on the environment; and
(b) includes:
(i) seismic or other surveys; and
(ii) drilling; and
(iii) construction and installation of a
facility; and
(iv) operation of a facility; and
(v) significant modification of a
facility; and
(vi) decommissioning, dismantling or
removing a facility; and
(vii) construction and installation of a
petroleum pipeline; and
(viii) operation of a petroleum pipeline;
and
(ix) significant modification of a
petroleum pipeline; and
(x) decommissioning, dismantling or
removing a petroleum pipeline; and
(xi) storage, processing or transport of
petroleum.
petroleum instrument:
(a) means an authority granted by an instrument
under the Act for the carrying out of a petroleum activity; and
(b) includes:
(i) a petroleum exploration permit;
and
(ii) a petroleum retention lease; and
(iii) a petroleum production licence;
and
(iv) a petroleum-related pipeline
licence; and
(v) an infrastructure licence; and
(vi) a petroleum access authority; and
(vii) a petroleum special prospecting
authority.
petroleum instrument holder, for a petroleum
activity, means the registered holder of a petroleum instrument for the
activity, and includes a permittee, lessee, licensee, pipeline licensee or
registered holder of an access authority or special prospecting authority for
the activity.
produced formation water means natural aqueous
fluid recovered from a petroleum reservoir in association with the petroleum.
recordable incident, for an operator of an
activity, means an incident arising from the activity that:
(a) breaches a performance objective or standard
in the environment plan that applies to the activity; and
(b) is not a reportable incident.
Regulator means:
(a) in relation to a
petroleum activity — NOPSEMA; or
(b) in relation to a greenhouse gas storage
activity — the responsible Commonwealth Minister.
reportable incident, for an operator of an
activity, means an incident relating to the activity that has caused, or has
the potential to cause, moderate to significant environmental damage.
revise, for an environment plan, includes
extend or modify.
the regulations means regulations (including
these Regulations) made under the Act.
(2) A definition in these Regulations applies to each
use of the word or expression in these Regulations unless the contrary
intention appears.
Note Other words and expressions used in
these Regulations have the meaning given by section 7 of the Act. For example:
· construct
· Greater
Sunrise visiting inspector
· greenhouse gas
assessment permit
· greenhouse gas
holding lease
· greenhouse gas
injection licence
· greenhouse gas
pipeline
· greenhouse gas
project inspector
· greenhouse gas
search authority
· greenhouse gas
special authority
· greenhouse gas
substance
· infrastructure
licence
· infrastructure
licensee
· lease area
· lessee
· licence area
· licensee
· NOPSEMA
· offshore area
· permit area
· permittee
· petroleum
· petroleum
access authority
· petroleum
exploration permit
· petroleum
pipeline
· petroleum
production licence
· petroleum
project inspector
· petroleum
retention lease
· petroleum
special prospecting authority
· pipeline licensee
· registered
holder
· responsible
Commonwealth Minister.
5 References
to an activity
A reference in these Regulations to an activity includes,
where the context permits, a reference to:
(a) a proposed activity; and
(b) any stage of an activity.
Part 2 Environment plans
Division 2.1 Requirement for an environment plan
6 Accepted
environment plan required for an activity
(1) The operator of an activity is guilty of an offence
if:
(a) the operator carries out the activity; and
(b) there is no environment plan in force for the
activity.
Penalty: 80 penalty units.
Note 1 Environment plan in
force for the activity, operator and activity
are defined in regulation 4.
Note 2 Subsection 4B (3) of the
Crimes Act 1914 allows a court to fine a body corporate up to 5 times
the maximum amount the court could fine a natural person convicted of the same
offence.
Note 3 Offences under these
Regulations are continuing offences and a fine may be imposed for each day
during which the offence continues — see section 4K of the Crimes Act
1914.
(1A) An offence against
subregulation (1) is an offence of strict liability.
Note For strict liability,
see section 6.1 of the Criminal Code.
(2) This regulation does not affect any other
requirement under the regulations for a consent to construct or install, or a
consent to use, a facility.
Note The term ‘the regulations’ is
defined in regulation 4 to mean ‘..regulations (including these Regulations)
made under the Act’.
7 Operations
must comply with the accepted environment plan
(1) The operator of an activity must not carry out the
activity in a way that is contrary to:
(a) the environment plan in force for the
activity; or
(b) any limitation or condition applying to
operations for the activity under these Regulations.
Penalty: 80 penalty units.
(1A) An offence against subregulation (1) is an offence of
strict liability.
Note For strict liability,
see section 6.1 of the Criminal Code.
(2) Subregulation (1) does not apply to the operator if
the operator has the consent in writing of the Regulator to carry out the
activity in that way.
(3) The Regulator must not give a consent under
subregulation (2) unless there are reasonable grounds for believing that the
way in which the activity is to be carried out will not result in the
occurrence of any significant new environmental impact or risk, or significant
increase in any existing environmental impact or risk.
8 Operations
must not continue if new or increased environmental risk identified
(1) The operator of an activity is guilty of an offence
if:
(a) the operator carries out the activity after
the occurrence of:
(i) any significant new environmental impact
or risk arising from the activity; or
(ii) any significant increase in an
existing environmental impact or risk arising from the activity; and
(b) the new impact or risk, or increase in the impact
or risk, is not provided for in the environment plan in force for the activity.
Penalty: 80 penalty units.
(1A) An offence against subregulation (1) is an offence of
strict liability.
Note For strict liability,
see section 6.1 of the Criminal Code.
(2) Subregulation (1)
does not apply to the operator if the operator submits a proposed revision of
the environment plan in accordance with regulation 17 and the Regulator has not
refused to accept the revision.
Note Under r 17 the operator is required
to submit a proposed revision of the environment plan before, or as soon as
practicable after, the occurrence of a significant new, or significantly
increased, environmental impact or risk.
Division 2.2 Acceptance of an environment plan
9 Submission
of an environment plan
(1) Before commencing an activity the operator of the
activity must submit an environment plan for the activity to the Regulator for
the offshore area.
(2) An environment plan may be submitted for 1 or more
stages of the activity if the operator and the Regulator so agree.
(3) An environment plan:
(a) must be in writing, or in a form accepted by
the Regulator; and
(b) if the Regulator approves — may relate
to a specified activity in one or more identified locations specified in the
plan.
10 Time
limit for accepting or not accepting an environment plan
(1) Within 30 days after an operator submits an
environment plan, the Regulator must:
(a) accept the plan under regulation 11; or
(b) refuse to accept the plan; or
(c) give notice in writing to the operator
stating that the Regulator is unable to make a decision about the plan within
the period of 30 days, and setting out a proposed timetable for consideration
of the plan.
(2) A decision by the Regulator to accept, or refuse to
accept, an environment plan is not invalid only because the Regulator did not
comply with subregulation (1) in relation to the plan.
(3) This regulation applies to an environment plan
resubmitted under subregulation 11 (2) in the same way that it applies to
the plan when first submitted.
11 Acceptance of an environment plan
(1) The Regulator must accept the environment plan if
there are reasonable grounds for believing that the plan:
(a) is appropriate for the nature and scale of
the activity or proposed use; and
(b) demonstrates that the environmental impacts
and risks of the activity will be reduced to as low as reasonably practicable;
and
(c) demonstrates that the environmental impacts
and risks of the activity will be of an acceptable level; and
(d) provides for appropriate environmental
performance objectives, environmental performance standards and measurement
criteria; and
(e) includes an appropriate implementation
strategy and monitoring, recording and reporting arrangements; and
(f) for the requirement mentioned in paragraph
16 (b) — demonstrates that:
(i) the operator has carried out the
consultations required by Division 2.2A; and
(ii) the measures (if any) that the
operator has adopted, or proposes to adopt, because of the consultations are
appropriate; and
(g) complies with the Act and the regulations.
(2) If the Regulator is not reasonably satisfied that
the environment plan when first submitted meets the criteria set out in
subregulation (1), the Regulator must give the operator a reasonable
opportunity to modify and resubmit the plan.
(3) If, after the
operator has had a reasonable opportunity to modify and resubmit the
environment plan, the Regulator is still not reasonably satisfied that the plan
meets the criteria set out in subregulation (1), the Regulator must refuse to
accept the plan.
(4) Despite subregulation (3), the Regulator may do
either or both of the following:
(a) accept the plan in part for a particular
stage of the activity;
(b) impose limitations or conditions applying to
operations for the activity.
(5) The Regulator must give the operator notice in
writing of a decision by the Regulator:
(a) to accept the environment plan; or
(b) not to accept the plan; or
(c) to accept the plan in part for a particular
stage of the activity, or subject to the imposition of limitations or
conditions.
(6) A decision under paragraph (5) (b) or (c) must
set out:
(a) the terms of the decision and the reasons
for it; and
(b) if limitations or conditions are to apply to
operations for the activity — those limitations or conditions; and
(c) if the activity is to be carried out in the offshore
area of a Territory mentioned in section 7 of the Act — a statement or
summary of the right, under section 434 of the Act, of reconsideration or
review of the decision.
Note The Regulator may decline to
consider a submission unless certain details of the operator are given —
see r 34.
(7) Within 10 days after receiving a notification that
the Regulator has accepted an environment plan under paragraph (5) (a), the
operator must submit a summary of the plan to the Regulator for public
disclosure.
(8) A summary mentioned in subregulation (7):
(a) must include the following material from the
environment plan:
(i) coordinates of the activity;
(ii) a description of the receiving
environment;
(iii) a description of the action;
(iv) details of major environmental
hazards and controls;
(v) a summary of the management
approach;
(vi) details of consultation already
undertaken, and plans for ongoing consultation;
(vii) contact details of the operator’s
nominated liaison personnel for the activity; and
(b) must be to the satisfaction of the Regulator.
Division 2.2A Consultation
11A Consultation
with relevant authorities, persons and organisations, etc
(1) In the course of preparing the environment plan, or
a revision of an environment plan, the operator of an activity must consult
each of the following (a relevant person):
(a) each Department or agency of the
Commonwealth to which the activities to be carried out under the environment
plan, or the revision of the environment plan, may be relevant;
(b) each Department or agency of a State or the
Northern Territory to which the activities to be carried out under the
environment plan, or the revision of the environment plan, may be relevant;
(c) the Department of the responsible State
Minister, or the responsible Northern Territory Minister;
(d) a person or organisation whose functions,
interests or activities may be affected by the activities to be carried out
under the environment plan, or the revision of the environment plan;
(e) any other person or organisation that the
operator considers relevant.
(2) For the purpose of the
consultation, the operator must give each relevant person sufficient
information to allow the relevant person to make an informed assessment of the
possible consequences of the activity on the functions, interests or activities
of the relevant person.
(3) The operator must allow a relevant person a
reasonable period for the consultation.
Division 2.3 Contents of an environment plan
12 Contents
of an environment plan
An environment plan for an activity must include
the matters set out in regulations 13, 14, 15 and 16.
13 Environmental
assessment
Description of the activity
(1) The environment plan must contain a comprehensive
description of the activity including the following:
(a) the location or locations of the activity;
(b) general details of the construction and
layout of any facility or other structure;
(c) an outline of the operational details of the
activity (for example, seismic surveys, exploration drilling or production) and
proposed timetables;
(d) any additional information relevant to
consideration of environmental impacts and risks of the activity.
Description of the environment
(2) The environment plan must:
(a) describe the existing environment that may
be affected by the activity, as well as any relevant cultural, social and
economic aspects of the environment that may be affected; and
(b) include details of the particular relevant
values and sensitivities (if any) of that environment.
Description of environmental impacts and risks
(3) The environment plan must include:
(a) details of the environmental impacts and
risks for the activity; and
(b) an evaluation of all the impacts and risks.
(3A) For the avoidance of
doubt, the evaluation mentioned in paragraph (3) (b) must evaluate all the
significant impacts and risks arising directly or indirectly from:
(a) all operations of the activity, including
construction; and
(b) potential emergency conditions, whether
resulting from accident or any other reason.
Environmental performance objectives and standards
(4) The environment plan must include environmental
performance objectives, environmental performance standards and measurement
criteria that:
(a) address legislative and other controls that
manage environmental features of the activity; and
(b) define the objectives, and set the standards,
against which performance by the operator in protecting the environment is to
be measured; and
(c) include measurement criteria for determining
whether the objectives and standards have been met.
Requirements
(5) The environment plan must describe the requirements
that:
(a) apply to the activity; and
(b) are relevant to the environmental management
of the activity.
14 Implementation
strategy for the environment plan
(1) The environment plan must contain an implementation
strategy for the activity in accordance with this regulation.
(2) The implementation strategy must include measures to
ensure that the environmental performance objectives and standards in the
environment plan are met.
(3) The implementation strategy must identify the
specific systems, practices and procedures to be used to ensure that the
environmental impacts and risks of the activity are continuously reduced to as
low as reasonably practicable and that the environmental performance objectives
and standards in the environment plan are met.
(4) The implementation strategy must establish a clear
chain of command, setting out the roles and responsibilities of personnel in
relation to the implementation, management and review of the environment plan.
(5) The implementation strategy must include measures to
ensure that each employee or contractor working on, or in connection with, the
activity is aware of his or her responsibilities in relation to the environment
plan and has the appropriate competencies and training.
(6) The implementation strategy must provide for the
monitoring, audit, management of non‑conformance and review of the operator’s
environmental performance and the implementation strategy.
(7) The implementation strategy must provide for the
maintenance of a quantitative record of emissions and discharges (whether
occurring during normal operations or otherwise) to the air, marine, seabed and
sub-seabed environment, that is accurate and can be monitored and audited
against the environmental performance standards and measurement criteria.
(8) The implementation strategy must contain an oil
spill contingency plan and provide for the maintenance of the plan.
(8AA) The oil spill contingency plan must:
(a) be kept up-to-date; and
(b) include emergency response arrangements.
(8A) The response
arrangements in the oil spill contingency plan must be tested:
(a) when they are introduced; and
(b) when they are significantly amended; and
(c) not later than 12 months after the most
recent test; and
(d) for a new location for the activity that is
added to the environment plan after the response arrangements have been tested
and before the next test is conducted — when the location is added to the
plan; and
(e) for a facility or other structure that
becomes operational after the response arrangements have been tested and before
the next test is conducted — when the facility or structure becomes
operational.
(9) The implementation
strategy must provide for appropriate consultation with:
(a) relevant authorities of the Commonwealth, a
State or Territory; and
(b) other relevant interested persons or
organisations.
(10) The implementation strategy must comply with the Act,
the regulations and any other environmental legislation applying to the activity.
15 Reporting etc arrangements
(1) The environment plan must include arrangements for:
(a) recording, monitoring and reporting
information about the activity (including information required to be recorded
under the Act, the regulations and any other environmental legislation applying
to the activity) sufficient to enable the Regulator to determine whether the
environmental performance objectives and standards in the environment plan are
met; and
(b) reporting to the Regulator at intervals
agreed with the Regulator, but not less often than annually.
(2) The environment plan must also include arrangements
for the operator to notify the Department of the responsible State Minister, or
the responsible Northern Territory Minister, before the proposed date of
commencement of drilling operations or seismic survey operations that are being
carried out under the authority of the title if:
(a) there is a community in the area where the
drilling operations or seismic survey operations will be carried out; and
(b) the drilling operations or seismic survey
operations may have an effect on the community.
16 Other
information in the environment plan
The environment plan
must contain the following:
(a) a statement of the operator’s corporate
environmental policy;
(b) a report on all consultations between the
operator and any relevant person, for regulation 11A, that contains:
(i) a summary of each response made by
a relevant person; and
(ii) an assessment of the merits of any
objection or claim about the adverse impact of each activity to which the
environment plan relates; and
(iii) a statement of the operator’s
response, or proposed response, if any, to each objection or claim; and
(iv) a copy of the full text of any
response by a relevant person;
(c) details of all reportable incidents in
relation to the proposed activity.
Division 2.4 Revision
of an environment plan
17 Revision
because of a change, or proposed change, of circumstances or operations
(1) The operator of an activity must submit to the Regulator
a proposed revision of the environment plan before the commencement of any new
activity, or any significant modification, change, or new stage of an existing
activity, not provided for in the environment plan in force for the activity.
(2) The operator must submit a proposed revision of the
environment plan before, or as soon as practicable after:
(a) a change in the instrument holder for, or
operator of, the activity; or
(b) the occurrence of any significant new
environmental impact or risk, or significant increase in an existing
environmental impact or risk, not provided for in the environment plan in force
for the activity; or
(c) the occurrence of a series of new
environmental impacts or risks, or a series of increases in existing
environmental impacts or risks, which, taken together, amount to the occurrence
of:
(i) a significant new environmental
impact or risk; or
(ii) a significant increase in an
existing environmental impact or risk;
that is not provided for in the environment
plan in force for the activity.
18 Revision
on request by the Regulator
(1) The operator of an activity must submit to the Regulator
a proposed revision of the environment plan if the Regulator requests the
operator to do so.
(2) A request by the Regulator must be in writing and
set out the following:
(a) the matters to be addressed by the revision;
(b) the proposed date of effect of the revision;
(c) the grounds for the request.
(3) The operator may make a submission in writing to the
Regulator stating the operator’s reasons for 1 or more of the following
matters:
(a) why the revision should not occur;
(b) why the revision should be in different terms
from the proposed terms;
(c) whether or not the operator gives other
reasons — why the revision should take effect on a date later than the
proposed date.
(4) A submission by the operator must be made within 21
days after receiving the request, or within any longer period that the Regulator
in writing allows.
(5) If a submission
complies with subregulations (3) and (4), the Regulator must:
(a) decide whether to accept 1 or more of the
reasons stated in the submission; and
(b) give the operator notice in writing of the
decision; and
(c) to the extent (if any) that the Regulator accepts
the reasons, give the operator notice in writing that varies or withdraws the
request in accordance with the decision; and
(d) to the extent (if any) that the Regulator does
not accept the reasons, give the operator notice in writing of the grounds for
not accepting them.
(6) An operator must comply with a request made by the
Regulator under subregulation (1) and not withdrawn, or with a variation
of a request under paragraph (5) (c), as soon as practicable.
(7) Subregulations (8) to (13) apply if an
environment plan:
(a) was accepted by the Designated Authority
before the commencement day; and
(b) is continued
in force under regulation 40.
Note As a result of amendments made by
the Offshore Petroleum and Greenhouse Gas Storage Amendment (National
Regulator) Act 2011, NOPSEMA, as the new Regulator, may consider it
appropriate to request revision of environment plans that were accepted by a
different Regulator.
(8) The operator of an activity to which the plan
relates must submit to the Regulator a proposed revision of the plan if the
Regulator requests the operator to do so.
(9) The Regulator may make a request under
subregulation (8) if the Regulator is not satisfied that the environment
plan meets one or more of the criteria set out in
subregulation 11 (1).
(10) If the Regulator makes a request under
subregulation (8), the Regulator must identify the criteria set out in
subregulation 11 (1) about which the Regulator is not satisfied.
(11) If the Regulator makes a request under
subregulation (8), the operator may, within 21 days after receiving the
request, or within a longer period that the Regulator, in writing, allows, make
a written submission to the Regulator setting out the operator’s reasons why
the plan meets the criteria identified by the Regulator in the request.
(12) If an operator makes a submission under
subregulation (11), the Regulator must:
(a) decide whether to accept one or more of the
reasons stated in the submission; and
(b) give the operator notice, in writing, of the
decision; and
(c) to the extent (if any) that the Regulator
accepts the reasons, give the operator notice, in writing, that varies or
withdraws the request in accordance with the decision; and
(d) to the extent (if any) that the Regulator
does not accept the reasons, give the operator notice, in writing, of the
grounds for not accepting them.
(13) An operator must comply with a request made by the
Regulator under subregulation (8) and not withdrawn, or a request as
varied under paragraph (12) (c), as soon as practicable.
(14) In this regulation:
commencement day means the day on which Part
1 of Schedule 2 to the Offshore Petroleum and Greenhouse Gas Storage
Amendment (National Regulator) Act 2011 commences.
19 Revision
at the end of each 5 years
(1) The operator of an activity must submit to the
Regulator a proposed revision of the environment plan at least 14 days before
the end of each period of 5 years, commencing on the latest of the following:
(a) the day on which the environment plan is
first accepted under regulation 11 by the Regulator;
(b) the day on which a revised environment plan
submitted under this regulation is accepted under regulation 11 by the
Regulator;
(c) for a revision of an environmental plan
submitted under regulation 17 or 18, the day (if any) notified by the Regulator
under subregulation (2).
(2) For paragraph
(1) (c), the Regulator may notify the operator that the effect of a
revision of an environment plan submitted under regulation 17 or 18 is that the
period of 5 years mentioned in subregulation (1) starts on the date specified
in the notification.
20 Form
of proposed revision
A proposed revision must be in the form of a
revised environment plan or, if the operator and the Regulator so agree, a
revised part of the environment plan.
21 Acceptance
of a revised environment plan
Regulations 10, 11 and 11A apply to the
proposed revision as if:
(a) a reference in those regulations to the
submission, acceptance or non-acceptance of the environment plan were a
reference to the submission, acceptance or non‑acceptance of the proposed
revision; and
(b) any other reference in those regulations to
the environment plan were a reference to the plan as revised by the proposed
revision.
Note Regulation 10 deals with the
consideration by the Regulator of an environment plan. Regulation 11 deals with
the acceptance of an environment plan. Regulation 11A deals with
consultation with relevant authorities, persons and organisations.
22 Effect
of non-acceptance of proposed revision
If a proposed revision is not accepted, the
provisions of the environment plan in force for the activity existing
immediately before the proposed revision was submitted remain in force, subject
to the Act and these Regulations, (in particular, the provisions of Division
2.5), as if the revision had not been proposed.
Division 2.5 Withdrawal of acceptance of an environment plan
23 Withdrawal
of acceptance of environment plan
(1) The Regulator, by notice in writing to the operator
of an activity, may withdraw the acceptance of the environment plan in force
for the activity on any ground set out in subregulation (2).
(2) For subregulation
(1), the grounds are that:
(a) the operator or instrument holder has not
complied with:
(i) a provision of the Act relating to
environmental requirements; or
(ii) a direction given by the Regulator
under section 574 of the Act; or
(b) the operator has not complied with regulation
7, 8, 17, 18 or 19; or
(c) the Regulator has refused to accept a
proposed revision of the environment plan.
(3) A notice under subregulation (1) must set out:
(a) the reasons for the decision; and
(b) if the activity is carried out in the offshore
area of a Territory mentioned in section 7 of the Act — a statement or
summary of the right, under section 434 of the Act, of reconsideration or
review of the decision.
24 Steps
to be taken before withdrawal of acceptance
(1) Before withdrawing the acceptance of an environment
plan in force for an activity the Regulator must comply with subregulations
(2), (4) and (5).
(2) The Regulator must give the operator at least 30 days
notice in writing of the Regulator’s intention to withdraw acceptance of the
plan.
(3) The Regulator may give a copy of the notice to such
other persons (if any) as the Regulator thinks fit.
(4) The Regulator must specify in the notice a date (the
specified date) on or before which the operator (or any other
person to whom a copy of the notice has been given) may submit to the Regulator,
in writing, any matters for the Regulator to take into account.
(5) The Regulator must take into account:
(a) any action taken by the operator or
instrument holder to remove the ground for withdrawal of acceptance, or to
prevent the recurrence of that ground; and
(b) any matter submitted to the Regulator before
the specified date by the operator or a person to whom a copy of the notice has
been given.
25 Withdrawal
of acceptance not affected by other provisions
(1) The Regulator may withdraw the acceptance of an
environment plan in force for an activity on the ground that the operator or
instrument holder has not complied with a provision of the Act, or of a
regulation mentioned in paragraph 23 (2) (b), even though the
operator or instrument holder has been convicted of an offence by reason of the
failure to comply with that provision.
(2) The operator of, or the instrument holder for, an
activity for which the acceptance of an environment plan has been withdrawn by
the Regulator on the ground that the operator or instrument holder has not
complied with a provision of the Act, or of a regulation mentioned in paragraph
23 (2) (b), may be convicted of an offence by reason of the failure
to comply with the provision, even though the acceptance of the environment
plan has been withdrawn.
Part 3 Incidents, reports and records
26 Notifying reportable incidents
(1) The operator of an activity must notify a reportable
incident in accordance with this regulation.
Penalty: 40 penalty units.
(2) However, it is a defence to a prosecution for an
offence against subregulation (1) if the operator has a reasonable excuse.
Note A defendant bears an evidential
burden in relation to the question whether he or she has a reasonable
excuse (see section 13.3 of the Criminal Code).
(3) An offence against subregulation (1) is an
offence of strict liability.
Note For strict liability,
see section 6.1 of the Criminal Code.
(4) A notification under subregulation (1):
(a) must be given to the Regulator; and
(b) must be given as soon as practicable, and in
any case not later than 2 hours after:
(i) the first occurrence of the
reportable incident; or
(ii) if the reportable incident was not
detected by the operator at the time of the first occurrence — the time
the operator becomes aware of the reportable incident; and
(c) may be oral or in writing; and
(d) must contain:
(i) all material facts and
circumstances concerning the reportable incident that the operator knows or is
able, by reasonable search or enquiry, to find out; and
(ii) any action taken to avoid or
mitigate any adverse environment impacts of the reportable incident; and
(iii) the corrective action that has
been taken, or is proposed to be taken, to prevent a similar reportable incident.
26A Written report of reportable incidents
(1) The operator of an activity must submit a written
report of a reportable incident in accordance with this regulation.
Penalty: 40 penalty units.
(2) However, it is a defence to a prosecution for an
offence against subregulation (1) if the operator has a reasonable excuse.
Note A defendant bears an evidential
burden in relation to the question whether he or she has a reasonable excuse
(see section 13.3 of the Criminal Code).
(3) An offence against subregulation (1) is an
offence of strict liability.
Note For strict liability,
see section 6.1 of the Criminal Code.
(4) A written report under subregulation (1):
(a) must be given to the Regulator; and
(b) must be given as soon as practicable, and in
any case:
(i) not later than 3 days after the
first occurrence of the reportable incident; or
(ii) if the Regulator specifies, within
3 days after the first occurrence of the reportable incident, another period
within which the report must be provided — within that period; and
(c) must contain:
(i) all material facts and
circumstances concerning the reportable incident that the operator knows or is
able, by reasonable search or enquiry, to find out; and
(ii) any action taken to avoid or
mitigate any adverse environment impacts of the reportable incident; and
(iii) the corrective action that has
been taken, or is proposed to be taken, to prevent a similar reportable incident.
26AA Notification
of reportable incidents
(1) This regulation
applies if the operator of an activity notifies a reportable incident in
accordance with regulation 26.
(2) If the operator notified the incident in writing,
the operator must, as soon as practicable, give a copy of the notification to:
(a) the Titles Administrator; and
(b) the Department of the responsible State
Minister, or the responsible Northern Territory Minister.
(3) If the operator notified the incident orally:
(a) the operator must, as soon as practicable,
give a written record of the notification to:
(i) the Regulator; and
(ii) the Titles Administrator; and
(iii) the Department of the responsible
State Minister, or the responsible Northern Territory Minister; and
(b) the operator is not required to include in
the record anything that was not included in the oral notification.
26B Reporting
recordable incidents
(1) The operator of an
activity must submit a written report of a recordable incident in accordance
with this regulation.
Penalty: 40
penalty units.
(2) However, it is a defence to a prosecution for an
offence against subregulation (1) if the operator has a reasonable excuse.
Note A defendant bears an evidential
burden in relation to the question whether he or she has a reasonable
excuse (see section 13.3 of the Criminal Code).
(3) An offence against subregulation (1) is an
offence of strict liability.
Note For strict liability,
see section 6.1 of the Criminal Code.
(4) A written report under subregulation (1):
(a) must be given to the Regulator; and
(b) must relate to a calendar month; and
(c) must be given as soon as practicable after
the end of the calendar month, and in any case not later than 15 days
after the end of the calendar month; and
(d) must contain:
(i) a record of all recordable
incidents that occurred during the calendar month; and
(ii) all material facts and
circumstances concerning the recordable incidents that the operator knows or is
able, by reasonable search or enquiry, to find out; and
(iii) any action taken to avoid or
mitigate any adverse environment impacts of the recordable incidents; and
(iv) the corrective action that has been
taken, or is proposed to be taken, to prevent similar recordable incidents.
27 Storage
of records
(1) The operator of an
activity must store and maintain a document or other record mentioned in
subregulation (2):
(a) for the period of 5 years from the making of
the document or other record; and
(b) in a way that makes retrieval of the document
or other record reasonably practicable.
Penalty: 30 penalty units.
(1A) An offence against subregulation (1) is an offence of
strict liability.
Note For strict liability,
see section 6.1 of the Criminal Code.
(2) For subregulation (1), the documents or other
records are the following:
(a) the environment plan in force for the
activity;
(b) revisions of the environment plan;
(c) written reports (including monitoring, audit
and review reports) about environmental performance, or about the
implementation strategy, under the environment plan;
(d) records of emissions and discharges into the
environment made in accordance with the environment plan;
(e) records of calibration and maintenance of
monitoring devices used in accordance with the environment plan;
(f) records and copies of reports mentioned in:
(i) regulations 26 and 26A, relating
to reportable incidents; and
(ii) regulation 26B, relating to
recordable incidents.
28 Making
records available
(1) The operator of an activity must make available, in
accordance with this regulation, copies of the records mentioned in regulation
27 for the activity.
Penalty: 30 penalty units.
(1A) An offence against
subregulation (1) is an offence of strict liability.
Note For strict liability,
see section 6.1 of the Criminal Code.
(2) The operator must make copies of the records
available to any of the following persons, on request in writing by the person:
(a) the Regulator;
(b) a delegate, under section 52 of the Act, of
theRegulator;
(c) a greenhouse gas project inspector, a
petroleum project inspector or a Greater Sunrise visiting inspector.
(3) If the person making the request states that copies
of the records be made available to an agent of the person, the operator must
make the copies available to the agent.
(4) However, if the operator:
(a) requests a person who is a delegate of the
Regulator to produce written evidence of the delegation; or
(b) requests a person who is a greenhouse gas
project inspector or a petroleum project inspector to produce written evidence
of the person’s appointment as a greenhouse gas project inspector or a
petroleum project inspector; or
(c) requests a person who is a Greater Sunrise
visiting inspector to produce written evidence of the person’s appointment as a
Greater Sunrise visiting inspector; or
(d) requests a person who is an agent to produce
written evidence of the person’s appointment as an agent;
the operator is not required to make the records available unless
the person produces the evidence to the operator.
(5) The copies of the
records must be made available:
(a) in the case of an emergency relating to the
activity — as soon as possible at any time of the day or night on any day
during the emergency; or
(b) in any other case — during normal
business hours on any day, other than a Saturday, a Sunday, or a public holiday
at the place where the records are kept.
(6) The copies of the
records must be made available at the nominated address or, if agreed between
the operator and the person making the request (or the person’s agent), at any
other place (including by means of electronic transmission to the person or
agent at that place).
(7) If the records are stored on a computer, the records
must be made available in print-out form or, if the operator and the Regulator so
agree, in electronic form.
Part 4 Miscellaneous
Division 4.1 Discharges of produced formation water
29 Discharge of produced formation water
(1) The operator of an activity must ensure that the
concentration of petroleum in any produced formation water discharged into the
sea as a result of operations for the activity is not greater than an average
of 30mg/L over any period of 24 hours (specified concentration).
Penalty: 40 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) Nothing in subregulation (1) affects an
environmental performance standard, in an environment plan in force for the
activity, for a concentration of petroleum in produced formation water
discharged into the sea that is less than the specified concentration.
(4) Subregulation (1) does not apply to an operator who:
(a) has the consent in writing of the Regulator in
accordance with subregulation (5) to exceed the specified concentration; and
(b) does not exceed any authorised concentration
mentioned in the consent.
(5) Consent under subregulation (4) may be given by the Regulator
only if:
(a) the discharge rate of produced formation
water to be authorised by the consent is not greater than 0.5 megalitres per
day; or
(b) the consent is to apply to a period not
greater than 48 hours; or
(c) the Regulator is satisfied that the purpose
of the discharge at the authorised concentration is for operational research
that has the potential to improve environmental performance.
(6) The Regulator must not give a consent under
subregulation (4) unless the operator demonstrates, to the satisfaction of
the Regulator, that the proposed activity will not result in:
(a) the occurrence of any significant new
environmental impact or risk; or
(b) a significant increase in any existing
environmental impact or risk.
29A Tests
and reports of discharges of produced formation water
(1) If produced formation
water is discharged into the sea, the operator must:
(a) conduct an
accepted test at regular intervals to assess the performance of the monitoring
equipment; and
(b) record the
test results.
(2) At the request of the Regulator, the operator must
produce for inspection the test results mentioned in subregulation (1).
Penalty: 40 penalty units.
(3) An offence against subregulation (2) is an offence
of strict liability.
Note For strict liability,
see section 6.1 of the Criminal Code.
Division 4.2 Operators
of activities
30 Interpretation
for Division
In this Division:
contact details, for an operator or an agent,
means the name and address within Australia, telephone number, facsimile number
and electronic address (if any) of the operator or agent.
31 Notification
of appointment of operator
(1) The instrument holder for an activity must ensure
that, at all times, there is an operator of the activity.
(2) The operator of an activity is the person
responsible to the instrument holder for the overall management and operation
of the activity.
(3) The instrument holder must notify the Regulator in
writing of the name and contact details of the operator before the first
submission for an activity is lodged under these Regulations.
(4) The instrument holder must notify the Regulator, in
writing, of any change of operator of the activity at the earliest practicable
opportunity and, if practicable, at least 28 days before the change takes
effect.
Note The operator is not required to give
the information if it has already been given in accordance with another
requirement of the Act or the regulations — see r 33.
(5) Nothing in this regulation affects any duty or
responsibility of the instrument holder, under the Act or the regulations, for
an activity carried out under the instrument.
32 Operator
to give details
(1) The operator of an activity must notify the Regulator
within 7 days, in writing, of:
(a) the appointment of an agent of the operator,
in relation to the activity, and the contact details of the agent; or
(b) any change of agent; or
(c) any change of name (where there is no change
of identity) or contact details of the operator or the operator’s agent.
Penalty: 40 penalty units.
(1A) However, it is a defence to a prosecution for an
offence against subregulation (1) if the operator has a reasonable excuse.
Note A defendant bears an evidential
burden in relation to the question whether he or she has a reasonable excuse
(see section 13.3 of the Criminal Code).
(1B) An offence against subregulation (1) is an
offence of strict liability.
Note For strict liability,
see section 6.1 of the Criminal Code.
(2) The operator must include, in any submission to the Regulator
under Part 2, the name and contact details of the operator or the operator’s
agent.
Penalty: 40 penalty units.
(2A) An offence against subregulation (2) is an offence of
strict liability.
Note For strict liability,
see section 6.1 of the Criminal Code.
(3) The operator, at all times after operations for the
activity have commenced, must maintain, and ensure that the Regulator has
notice of:
(a) an address of the operator, for
communications on matters relating to the activity; and
(b) a facsimile
number, or electronic mail address, within Australia at which a request for
records may be made under regulation 28.
Penalty: 40 penalty units.
Note The operator is not required to give
the information if it has already been given in accordance with another
requirement of the Act or the regulations — see r 33.
(4) An offence against subregulation (3) is an offence
of strict liability.
Note For strict liability,
see section 6.1 of the Criminal Code.
33 No
requirement to give information more than once
(1) Despite any other provision of this Division, an
instrument holder or operator is not required to give information to the Regulator
under this Division if, at any relevant time, the information has been given in
accordance with any other provision of the Act or the regulations.
(2) Subregulation (1) does not apply if the information
already given has been lost or destroyed.
34 Regulator
may decline to consider submission if information is not given
Despite any other provision of these Regulations,
if an instrument holder for an activity, or an operator of the activity, does
not give information to the Regulator in accordance with this Division, and the
information has not been given under another law, the Regulator may decline to
consider a submission made by the operator under these Regulations and relating
to the activity, until the information is given.
35 Regulator
to keep register
The Regulator must maintain a register or other
record of information about an operator or agent:
(a) mentioned in this Division; and
(b) given (whether under this Division or
otherwise) to the Regulator.
36 Proof
of appointment as operator
(1) In proceedings under these Regulations, a
document that appears to the court to be a certificate by a Regulator, in
accordance with subregulation (2), certifying a statement to the effect
mentioned in subregulation (3):
(a) is evidence of the truth of the statement;
and
(b) may be received in evidence without being
proved.
(2) The certificate must be signed by the Regulator and
be expressed to be in accordance with the register or other record maintained
by the Regulator under regulation 35.
(3) The statement must be to the effect that, on a
specified date, or during a specified period, a specified person was the
operator for a specified activity.
Division 4.3 Other
procedural matters
37 Service,
delivery and lodgment of documents
For these Regulations, unless the contrary
intention appears, a notice or other document required or permitted to be given
to a person is taken to be given:
(a) in the case of service otherwise than by
post on an individual — on the day on which the notice or other
document is:
(i) delivered to the individual in
person; or
(ii) delivered to his or her address
for service or last address known to the Regulator; or
(b) in the case of service otherwise than by post
on a body corporate — on the day on which the notice or other document is
delivered to the registered office, or the address for service, of the body
corporate; or
(c) in the case of service by post on a
person — on the day on which the notice or other document would ordinarily
be delivered in the due course of post or, if the person establishes that it
was delivered on a later day, on that later day.
Part 5 Transitional
arrangements relating to Offshore Petroleum and Greenhouse Gas Storage
Amendment (National Regulator) Act 2011
38 Definitions
for Part 5
In this Part:
commencement day means the day on which
Part 1 of Schedule 2 to the Offshore Petroleum and Greenhouse Gas
Storage Amendment (National Regulator) Act 2011 commences.
39 Regulator
may require operator to provide copy of environment plan
(1) The Regulator may require the operator of an
activity to give the Regulator a copy of an environment plan that is in force
for the activity.
(2) An operator must comply with a request made by the
Regulator under subregulation (1) as soon as practicable.
40 Environment plans accepted before commencement
day
(1) If an environment plan was
in force immediately before the commencement day, the plan continues to be an accepted
environment plan under these Regulations.
(2) The plan is taken to have been accepted by the
Regulator on the day it was accepted by the Designated Authority.
Note The day from which the periods of 5 years
are worked out for regulation 19 does not change. Regulation 19 explains
how the periods of 5 years change.
41 Environment plans submitted but not accepted before
commencement day
If:
(a) an environment
plan was submitted to the Designated Authority before the commencement day; and
(b) the Designated
Authority neither accepted the plan nor refused to accept the plan before the
commencement day;
the plan is taken to have been submitted
to the Regulator under regulation 9 on the commencement day.