Commonwealth Numbered Regulations - Explanatory Statements

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PETROLEUM (SUBMERGED LANDS) (MANAGEMENT OF SAFETY ON OFFSHORE FACILITIES) REGULATIONS 1996 NO. 298

EXPLANATORY STATEMENT

STATUTORY RULES 1996 No. 298

Issued by the authority of the Minister for Resources and Energy

Subsection 157(1) of the Petroleum (Submerged Lands) Act 1967 provides that the Governor-General may make regulations, not inconsistent with this Act, prescribing all matters that by this Act are required or permitted to be prescribed or are necessary or convenient to be prescribed for carrying out or giving effect to this Act.

The Regulations replace the prescriptive provisions applied through the Schedule of Specific Requirements (is to Offshore Petroleum Exploration and Production issued under section 101 of the Petroleum (Submerged Lands) Act 1967, with objective based regulations.

The objectives of the Regulations are to minimise risks to personnel associated with petroleum operations under the Petroleum (Submerged Lands) Act 1967. This is achieved primarily through a Safety Case prepared by an operator of an offshore petroleum facility which describes means of identifying safety hazards related to the facility and then ensuring these have been, and continue to be, eliminated or reduced to as low as is reasonably practicable.

The Regulations require the operator to operate in accordance with the Safety Case, once accepted by the Designated Authority who then continually reviews the safety performance of the operator through statistical analysis of incidents and on-site audits to ensure compliance with the Regulations. The Regulations also require effective consultation with and participation of personnel in the development and operation of Safety Cases as well as their cooperation in the ongoing application of the Safety Case.

Consents to construct and install and Consents to use an offshore facility will not be given until a Safety Case has been accepted. The Regulations require a Safety Case to be revised every 5 years or earlier if major structural or safety management changes occur.

Details of the Regulations are described in Attachment A.

The regulations commence on 30 December 1996, to enable simultaneous repeal of redundant provisions of the Schedule of Specific Requirements as to Offshore Petroleum Exploration and Production.

Regulation 1: Citation

This gives the short title of the Regulations.

Regulation 2: Interpretation

Regulation 2 determine the commencement date for the Regulations.

Regulation 3: Interpretation

Regulation 3 defines a number of terms used in the Regulations.

Regulation 4: Consent to construct and install

Subregulation 4(1) requires an operator to apply in writing, and obtain, a Consent to construct and install a facility before constructing or installing that facility from the relevant Designated Authority or delegate.

Subregulation 4(2) describes information and material which should be included with the Consent.

Subregulation 4(3) prevents the Designated Authority from granting a Consent to construct and install unless the following parts of the Safety Case for the facility have been submitted and accepted by the Designated Authority:

the Formal Safety Assessment for the facility; the Facility Description, and; those parts of the Safety Management System relating to the design, construction and installation of the facility.

In addition, the Designated Authority must be reasonably satisfied that the construction and installation of the facility is in accordance with, and described in, the required to be submitted parts of the Safety Case, conditions attached to the Consent are in accordance with the Act, Regulations, the Schedule of Specific Requirements and other law in force :h, or applied to, the relevant adjacent area.

Subregulation 4(4) requires the Consent to be given in writing and may specify conditions relating to the construction and installation of the facility. The Designated Authority must promptly notify in writing the operator if he or she decides not to grant a Consent (subregulation 4(5)). The notice must set out the terms of, and reasons for, the decision and in the case of a facility located in a Commonwealth external territory specified in section 7 of the Act, a statement or summary of the right, under section 152 of the Act, of reconsideration or review of the decision. Only decisions made in respect to Commonwealth external territories are reviewable under the Administrative Appeals Tribunal Act 1967. Only decisions made in respect to Commonwealth external territories are reviewable under the Administrative Appeals Tribunal Act 1967.

Regulation 5: Consent to use

Regulation 5 requires an operator to apply in writing, and obtain, a Consent to use a facility before operating that facility from the relevant Designated Authority or delegate.

Subregulation 5(3) prevents the Designated Authority from granting a Consent to use unless a Safety Case is in force for the facility. In addition, the Designated Authority must be reasonably satisfied that the operation of the facility is in accordance with its Safety Case, any conditions attached to the Consent, the Act, Regulations, the Schedule of Specific Requirements and other laws in force in, or applied to, the relevant adjacent area.

Subregulation 5(4) provides that the Consent to be given in writing and may specify conditions relating to the use of the facility. The Designated Authority must promptly notify in writing the operator if he or she decides not to grant a Consent. The notice must set out the terms of, and reasons for, the decision and in the case of a facility located in a Commonwealth external territory specified in section 7 of the Act, a statement or summary of the right, under section 152 of the Act, of reconsideration or review of the decision.

Regulation 6: Revision of Safely Case to apply to Consent to use

Regulation 6 takes a Consent to use for a facility as being revised upon revision of the Safety Case for the facility.

Regulation 7: - Submission of Safely Case

Subregulation 7(1) requires an operator of a facility or proposed facility to submit a written Safety Case for the facility to the Designated Authority.

Subregulation 7(2) requires that the Safety Case relate to the specific facility or facilities and related ancillary units.

Subregulation 7(3) allows the operator to propose, and the Designated Authority can accept (subregulation 7(4)), that the ancillary unit be covered by the Safety Case for a specific facility where an ancillary unit is to be operated in conjunction with 2 or more facilities.

Subregulation 7(5) allows for a Safety Case to be submitted in stages.

Regulation 8 - Decision of Designate Authority on proposed Safely Case

Subregulation 8(1) requires the Designated Authority to accept a Safety Case for a facility provided he or she is reasonably satisfied that it is appropriate to the facility and complies with the regulations and in particular that validations required by regulation 13 are undertaken by persons meeting criteria specified by subregulation 13(3) and comply with subregulation 13(4).

Subregulation 8(2) requires the Designated Authority to refuse to accept a Safety Case if it is inappropriate to the facility or does not comply with the regulations, but is required by subregulation 8(3) to give the operator a reasonable opportunity to modify and resubmit it.

After complying with subregulation 8(3), the Designated Authority must notify in writing the operator if he or she decides either not to accept the Safety Case (subregulation 8(4)) or provide a provisional acceptance under regulation 9 (subregulation 8(5)). The notice must set out the terms of, and reasons for, the decision and in the case of a facility 'located in a Commonwealth external territory specified in section 7 of the Act, a statement or summary of the right, under section 152 of the Act, of reconsideration or review of the decision.

The Designated Authority must advise an operator in writing of his or her decision to accept a Safety Case or a provisional acceptance of a Safety Case under regulation 9.

Regulation 9 - Provisional acceptance of Safety Case

Subregulation 9(1) enables the Designated Authority to provisionally accept a stage of a Safety Case for a facility provided he or she considers it complies with the criteria contained in subregulation 8(1).

Under subregulation 9(2), a provisional acceptance will not be given unless the Designated Authority is reasonably satisfied that all relevant elements of the Safety Case, necessary for activities covered by the provisional acceptance, have been provided.

Subregulation 9(3) requires a provisional acceptance to be given to the operator in writing and to specify the period for which the provisional acceptance has effect, the extent to which the Safety Case has been accepted and any limitations placed on the operation of the facility.

Regulation 10 - Revision of Safely Case

Subregulation 10(1) requires the operator of a facility to submit a revised Safety case in writing when:

-        developments in technical knowledge or in the assessments of hazards make it appropriate; .

-        through a series of modifications the Operator could reasonably be expected to assess that there is a significant cumulative effect on overall risk levels;

-        the operator proposes to undertake or permit a modification to the facility that has the potential to significantly influence the level of specific risks or the ranking of risk contributors;

-        the operator proposes to make or permit a substantial change to the Safety Management System for the facility; and,

-        the operator proposes to dismantle, decommission or remove the facility, unless as provided by subregulation 10(2), the Designated Authority had previously advised in writing that the proposed dismantling, decommissioning or removal was satisfactorily addressed in the existing Safety Case.

Subregulation 10(3) requires the operator to also submit a revised Safety Case five years from the date the Safety Case, or revision, was last accepted. The Designated Authority may also require a revision of a Safety Case by written notification setting out the matters to be addressed by the revision, the proposed date of effect of the revision and the grounds for the request.

Upon notification under subregulation 10(3), subregulation 10(4) allows the operator to respond in writing within 21 days providing reasons why the revisions should not occur, why they should be in different terms to those proposed or why the notice should take effect on a later date than proposed.

If an operator responds to a proposal to revise a Safety Case which was initiated by the Designated Authority, the Designated Authority must decide under subregulation 10(5) whether to accept the reasons submitted, advise the operator in writing of his or her decision, any variation or withdrawal of the request to revise the Safety Case and the grounds on which any of the reasons submitted by the operator have been rejected.

Subregulation 10(6) requires the operator to submit a draft timetable, to be agreed with Designated Authority, linked to the stages of the related development or operations upon notification by the Designated Authority of any concerns with a revision of a Safety Case.

Regulation 11 - Decision of Designated Authority on proposed revision

Subregulation 11(1) requires the Designated Authority to accept a revised Safety Case provided he or she is reasonably satisfied that it is appropriate to the facility and complies with the regulations, that following the revisions overall risk to the safety of the facility or persons on the facility is reduced to as low as reasonably practicable and in particular that validations required by regulation 13 are undertaken by persons meeting criteria specified by subregulation 13(3) and comply with subregulation 13(4).

If the revision does not comply with subregulation 11(1), the Designated Authority must refuse to accept it (proposed subregulation 11(2)) but is required to give the operator a reasonable opportunity to modify and resubmit it (subregulation 11(3)).

After complying with subregulation 11(3), the Designated Authority must notify in writing the operator if he or she decides either not to accept the revised Safety Case or not to accept it provisionally under regulation 9 (subregulation 11(4)). The notice must set out the terms of, and reasons for, the decision and in the case of a facility located in a Commonwealth external territory specified in section 7 of the Act, a statement or summary of the right, under section 152 of the Act, of reconsideration or review of the decision.

Subregulation 11(5) requires the Designated Authority to advise an operator in writing of his or her decision to accept a revision including the date or dates the revision, or various parts of it are to commence.

Regulation 12 - Provisional acceptance of proposed revision of Safety Case

Subregulation 12(1) enables the Designated Authority to provisionally accept a revised Safety Case for a facility for EL period specified by notice. Subregulation 12(2) enables the Designated Authority to extend a provisional acceptance for a further period specified by notice or to cancel a provisional acceptance from a date not earlier than the date of notification.

Subregulation 12(3) requires the Designated Authority not to accept a Safety Case for a facility unless he or she is satisfied that it is appropriate to the facility and complies with the regulations and will ' reduce risks to the safety of the facility or of persons on the facility to as low as is reasonably practicable.

Subregulation 12(4) enables a provisional acceptance of a revision to have, subject to its terms, the effect of an accepted revision to a Safety Case.

Regulation 13 - Validation of design construction and installation, or of significant change

Subregulation 13(1) requires the operator to reach agreement with the Designated Authority on the scope of validation.

Subregulation 13(2) enables the Designated Authority to require the operator of a facility to provide material which establishes to the reasonable satisfaction of the Designated Authority, validation of the design, construction and installation of a proposed facility or of significant changes to an existing facility.

Subregulation 13(3) requires the operator to establish to the reasonable satisfaction of the Designated Authority that the person or persons undertaking the validation has the necessary competence, ability and access to data related to each of the matters being validated to arrive at an independent opinion.

Subregulation 13(4) requires that the validation must establish to the level of assurance reasonably required by the Designated Authority that the design, construction and installation (instrumentation, process layout and process control) for a proposed facility or an existing facility after any proposed changes will be, or will remain, fit for purpose and are consistent with the Formal Safety Assessment of the facility.

Subregulation 13(5) allows for a validation to be submitted to the Designated Authority in stages.

Subregulation 13(6) defines the term "existing facility" for the purposes of regulation 13 as a facility which is, has been, or is available for use, at a specific location in an adjacent area.

Regulation 14 - Core matters affecting safety of a facility

Subregulation 14(1) requires that a Safety Case must include a Facility Description, a Formal Safety Assessment and a Safety Management System that are or will be in place that comply with the following subregulations 14(2) to 14(4).

Subregulation 14(2) specifies matters which must be provided for by the Facility Description component of a Safety, Case.

Subregulation 14(3) specifies matters which must be provided for by the Formal Safety Assessment component of a Safety Case.

Subregulation 14(4) specifies matters which must be provided for by a Safety Management System component of a Safety Case including measures which demonstrate that risks to persons involved with the facility have been eliminated or reduced to as low as is reasonably practicable.

Regulation 15 - Additional matters affecting safety of a facility

Subregulation 15(1) requires that a Safety Case must specify the systems for monitoring, auditing and reviewing the implementation of the safety policies, objectives, procedures and performance standards specified in the Safety Case sufficient to demonstrate methods of:

-       implementing the relevant Safety Management System; and,

-       ensuring the ongoing effectiveness of specified systems through continual and systematic identification of deficiencies and improvement in those systems.

Subregulation 15(2) requires that a Safety Case for a facility must adequately specify all standards used in the design, construction, installation and operation of the facility.

Subregulation 15(3) requires that a Safety Case must specify a position on the facility the occupant of which is in command of the facility and responsible for the safe operation of the facility.

Subregulation 15(4) requires the Safely Case to describe the means of ensuring as far as is reasonably practicable that the command position is occupied at all times the facility is in operation and that that person is competent in that role. The name of the person in command is to be displayed by notice clear to all person on the facility.

Subregulation 15(5) provides that the Safety Case must describe a command structure which applies in the event of an emergency and that it be clearly set out on a notice on the facility.

Subregulation 15(6) requires a notice for the purposes of subregulations 15(4) and 15(5) to be prominently displayed and easily legible.

Subregulation 15(7) requires an operator to ensure as far is reasonably practicable that all employees on a facility are competent to undertake routine and non-routine tasks during normal operations and in an emergency and in particular to enable them to respond and react appropriately during an emergency.

Regulation 16 - "Permit to work" system for safe performance of various activities

Subregulation 16(1) requires a Safety Case to provide the establishment and maintenance of a documented system of coordinating and controlling the safe performance of all work activities on the facility (the "permit to work" system)

Subregulation 16(2) requires the "permit to work" system to form part of the Safety Management System for the facility, to identify persons responsible for authorising and supervising work and ensuring persons involved with the facility are competent in applying the "permit to work" system.

Regulation 17 - Involvement of employees

Subregulation 17 requires an operator of a facility to provide written material to the Designated Authority that demonstrates and documents to the reasonable satisfaction of the Designated Authority that there has been effective consultation with, and participation of, relevant employees (including contractor personnel) in the development of a Safety Case and that the Safety Case adequately provides for effective consultation with, and participation by, those employees to enable them to assess the risks and hazards to which they may be exposed.

Regulation 18 - Design, construction. installation. maintenance and modification

Subregulation 18(1) requires that a Safety Case for a facility specifies effective means of ensuring the adequacy of the design, construction, installation and modification of the facility including its structural integrity.

Subregulation 18(2) requires the design, construction, installation and modification of the facility to provide adequate means of:

-       ensuring inventory isolation and pressure relief are provided in the event of an emergency;

-       gaining access for servicing and maintenance of the facility and machinery and other equipment on board the facility; and,

-       maintaining the structural integrity of the facility;

and to take into account the results of the Formal Safety Assessment for the facility.

Regulation- 19 - Medical and pharmaceutical supplies and services

Regulation 19 requires the Safety Case to specify the medical and pharmaceutical supplies and services which must be maintained on the facility to be sufficient for an emergency situation.

Regulation 20 - Machinery and equipment

Subregulation 20(1) requires the Safety Case to specify the equipment on the facility including process equipment, machinery and, electrical and instrumentation systems that relate to, or may effect, the safety of the facility. Subregulation 20(2) requires such equipment to be fit for purpose including intended emergency uses.

Regulation 21 - Drugs and intoxicants

Regulation 21 requires the Safety Case to specify adequate means of securing, supplying and monitoring the use of therapeutic drugs on a facility and of detecting and preventing the use of other controlled substances and intoxicants on the facility.

Regulation 22 - Evacuation, escape a id rescue

Subregulation 22(1) requires the Safety Case to contain, or refer to, an evacuation, escape and rescue analysis for the facility that specifies adequate routes for evacuation and escape in an emergency.

Subregulations 22(2) and 22(3) identify essential elements of the evacuation, escape and rescue analysis for the facility as well as specific equipment and other means of enabling safe evacuation of personnel in the case of an emergency.

Regulation 23 - Measures concerning fire and explosion hazards

Subregulation 23(1) requires the Safety Case to contain a fire risk analysis identifying likely fire and explosion hazards to the facility and means of detecting and eliminating or reducing these hazards.

Subregulation 23(2) requires the Safety Case to address specified measures which must be considered by the fire risk analysis while subregulation 23(3) requires the design of the facility to take account of the analysis.

Subregulation 23(4) ensures that the Safety Case requires all persons on a facility to take part in fire drills.

Regulation 24 - Emergency communications systems

Subregulation 24(1) requires the Safety Case to specify emergency communications systems adequate for emergency communication both within the facility and with other installations, vessels and aircraft.

Subregulation 24(2) sets out specific objectives which must be met by the emergency communications systems described in subregulation 24(1).

Regulation 25 - Control systems

Regulation 25 requires the Safety Case to specify adequate emergency power supply back up, lighting, alarm systems, ballast control and emergency shut-down systems.

Regulation 26 - Emergency preparedness

Subregulation 26(1) requires the Safety Case to specify an emergency response plan addressing risks identified through the Formal Safety Assessment for the facility. Subregulation 26(2) requires the emergency response plan to ensure the safety of all persons likely to be on the facility and to specify applied performance standards.

Subregulation 26(3) requires the Safety Case to specify adequate provision for escape, and fire, drill exercises while subregulation 26(4) requires persons on the facility to be trained to function adequately it the event of an emergency. Subregulation 26(5) requires that the operator ensures that escape, and fire, drill exercises are conducted in accordance with the Safety Case.

Subregulation 26(6) requires that a Safety Case for a mobile facility specifies adequate systems to enable shutdown or disconnection in an emergency as well as audible and visible warnings when this occurs.

Regulation 27 - Pipelines

Subregulation 27(1) requires the Safety Case to specify adequate procedures for shutting down or isolating pipelines connected to the facility in the event of an emergency. Subregulation 27(2) identifies essential elements of these procedures.

Subregulation 27(3) also requires the Safety, Case to specify adequate means of mitigating risks related to pipelines in an emergency as well as periodic inspection and testing of pipeline emergency shut-down valves.

Regulation 28 - Vessel and aircraft control

Subregulation 28(1) requires the Safety Case to specify a system which as far as is reasonably practicable, enables the safe operation of vessels or aircraft related to the facility. This system must meet the emergency response requirements identified in the Formal Safety Assessment and be described in the facility's Safety Management System (Subregulation 28(2)). Subregulation 28(3) requires equipment and procedures used in vessel or aircraft operations to be fit for purpose.

Regulation 29 - Compliance with: Consent to construct and install: Consent to use Safely Case

Subregulation 29(1) makes it an offence for an operator or titleholder to construct or install a facility contrary to the Consent to construct or install for the facility or contrary to the relevant accepted Safety Case unless approved in writing by the Designated Authority (maximum penalty for an individual 80 penalty units (currently $8000)).

Subregulation 29(2) makes it an offence for an operator or titleholder to operate, move, dismantle or decommission a facility contrary to a Consent to use for the facility or the Safety Case in force for the facility unless approved in writing by the Designated Authority (maximum penalty for an individual 80 penalty units (currently $8000)).

Subregulation 29(3) makes it an offence for an operator or titleholder to modify a facility so as to significantly influence the level of specific risks or the ranking of risk contributors related to the facility, make a significant change to the Safety Management System for the facility or dismantle, decommission or remove the facility before acceptance by the Designated Authority of a revision to the Safety Case unless subject to subregulation 29(4), in the case of dismantling, decommissioning or removal, the accepted Safety Case satisfactorily addresses dismantling, decommissioning or removal (maximum penalty for an individual 80 penalty units (currently $8000)).

Subregulation 29(5) makes it an offence for an operator or titleholder to make a significant structural change to, a facility other than in accordance with an accepted Safety Case Authority (maximum penalty for an individual 80 penalty units (currently $8000)).

Regulation 30 - Records

Subregulation 30(1) requires an operator of a facility to establish and maintain a system of storing records (maximum penalty for an individual 30 penalty units (currently $3000)).

Subregulation 30(2) requires the records to be in paper or electronic (i.e. computer) form, to be kept in a secure manner at a nominated address and for a period of at least 5 years from creation.

Subregulation 30(3) describes the type of records. required to be stored.

Subregulation 30(4) requires the keeping and storage of documents specified in a Safety Case to be kept in accordance with the Safety Case but nothing in subregulation 30(4) overrides subregulations 130(1) to (3) (maximum penalty for an individual 30 penalty units (currently $3000)).

Subregulation 30(5) requires the operator to make available records stored or kept in accordance with this regulation as requested (written or orally) by a Designated Authority, delegate or an inspector during specific times and at specific places in accordance with subregulation 30(6).

Subregulation 30(7) requires the operator to provide a telephone contact within Australia to service requests related to records required under regulation 30(5) (maximum penalty for an individual 30 penalty units (currently $3000)).

Subregulation 30(8) ensures that a written audit report, stored in accordance with subregulation 30(3), is not admissible in evidence in proceedings for an offence under these regulations.

Subregulations 30(9) and 30(10) require an operator of a facility to nominate an address, which may be changed from time to time, within Australia in writing for the serving of documents relating to the facility) (maximum penalty for an individual 30 penalty units (currently $3000)).

Regulation 31 - Reporting of significant accidents and incidents

Subregulation 31(1) requires the operator of a facility to provide preliminary notice (either oral or written) to an inspector of a significant accident or incident as soon as practicable. The notice must contain all reasonably available material details of the accident or incident (maximum penalty for an individual 40 penalty units (currently $4000)).

Subregulation 31(2) requires the operator to ]Provide a written report of the significant accident or incident setting out all material facts and circumstances that the operator is aware of or is able, by reasonable search and enquiry, to find out, within a reasonable time specified by the inspector (maximum penalty for an individual 40 penalty units (currently $4000)).

Subregulation 31(3) requires the operator of a facility to compile and maintain a record of reports of significant accidents and incidents and details in each case of any corrective action taken (maximum penalty for an individual 30 penalty units (currently $3000)).

Subregulation 31(4) requires the operator of a facility to submit to the inspector an annual written summary of deaths and injuries other than minor injuries not requiring treatment or requiring only first aid treatment.

Subregulation 31(5) defines a significant accident or incident for the purposes of this regulation as one which led to a death or serious injury to a person, caused significant property damage, or was an incident likely to lead to the above or was of a kind that a reasonable operator would consider to require an immediate investigation.

Regulation 32 - Possession, etc of drugs and intoxicants

Subregulation 32(1) makes it an offence for persons on a facility to have on their possession or under their control a controlled substance or an intoxicant (maximum penalty for an individual 1.0 penalty units (currently $1000)).

Subregulation 32(2) makes it a defence under this regulation that the controlled substance was a therapeutic drug and that the therapeutic drug was:

-       in that person's possession or control;

-       in accordance with the relevant safety case;

-        in the course of the person's employment or duties including as a qualified medical practitioner, nurse or pharmacist;

-       in accordance with the law of the adjacent State or Territory; or,

-       if the person has lawfully acquired the therapeutic drug for his or her bona fide personal use.

Subregulation 32(3) makes it a defence under this regulation that a person had possession or control of an intoxicant in accordance with the relevant accepted Safety Case.

Regulation 33 - Duly to leave facility on instruction

Regulation 33 makes it an offence for persons on a facility not to leave the facility when instructed to either orally or in writing by the person in command (maximum penalty for an individual '10 penalty units (currently $1000)).

Regulation 34 - Duty to cooperate with operator or person in command

Regulation 34 makes it an offence for persons on a facility not to cooperate with the operator or the person in command of a facility to the extent reasonably necessary for compliance by the operator, or the person in command, with the relevant Safety Case in force (maximum penalty for an individual 10 penalty units (currently $1000)).

Regulation 35 - Interference with accident sites

Subregulation 35(1) makes it an offence for persons on a facility to interfere with the site of a significant accident or incident until an inspector has completed an investigation into the accident or incident (current maximum penalty $2000 for an individual).

Subregulation 35(2) provides a defence under this regulation if the person was acting under the authority of an inspector; was acting with lawful authority under the Petroleum (Submerged Lands) Act 1967 or these regulations or any other law in force, or was acting in a reasonable manner to help or rescue a sick, injured or endangered person; or, to maintain the safety of the facility or persons on it or to reduce the danger to the facility.

Regulation 36 - Endangering or interfering with. safely of a person, etc

Subregulation 36(1) makes it an offence for persons to undertake any act which directly or indirectly endangers or interferes with the safety of other persons on a facility (maximum penalty for an individual 1C penalty units (currently $1000)).

Subregulation 36(2) ensures that an "act" as described in this regulation includes omissions to undertake any action that a person is required to perform under the Petroleum (Submerged Lands) Act 1967, these regulations or any other law in force or under any contract to which a relevant person is a party.

Regulation 37 - Endangering or interfering with safe operation of a facility

Subregulation 37(1) makes it an offence for persons to undertake any act which directly or indirectly endangers or interferes with the safe operation of a facility (maximum penalty for an individual 100 penalty units (currently $10,000)).

Subregulation 37(2) ensures that an "act" as described in this regulation includes omissions to undertake any action required by the Petroleum (Submerged Lands) Act 1967 or these regulations or any other law in force or by any contract to which a relevant person is a party.

Division 4 - General

Regulation 38 - Application of the Criminal Code

Subregulation 38(1) makes offences under these regulations offences of strict liability other than offences under Division 3 of Part 4.

Subregulation 38(2) applies Parts 2.2, 2.3, 2.4, 2.5 and 2.6 of Chapter 2 of the Criminal Code to these regulations even if the Criminal Code is not in force.

Regulation 39 - Person not to be punished m re than once for same act or omission

Subregulation 39(1) makes a person not liable to be punished for more than one offence in relation to the same action or omission.

Subregulation 39(2) permits punishment for 2 or more offences where the same action or omission was a common element of each of the offences.

Regulation 40 - Transitional - consents to use fixed platforms. and related safety cases under the Schedule of Specific Requirement

Subregulation 40(1) allows a consent to use a "fixed platform" issued under the Schedule of Specific Requirements as to Offshore Petroleum Exploration and Production, before these regulations came into force, to remain in effect as if it had been issued for a facility under these regulations.

Subregulation 40(2) removes any doubt that a revised Safety Case accepted under the conditions of Schedule of Specific Requirements as to Offshore Petroleum Exploration and Production, is subject to the revised Safety Case provisions contained in these regulations.

Subregulation 40(3) gives precedence of regulation 40 over any other part of these regulations.

Regulation 41 - Applications and submissions - details to be given

Subregulations 41(1) and 41(2) require applications or submissions lodged under these regulations to include the name, address, telephone and facsimile number of the relevant operator or agent if applicable, or that of the relevant person or agent.

Subregulation 41(3) requires the address to be in Australia, while subregulation 41(4) requires any changes in the details required to be provided by this regulation to be promptly given in writing to the Designated Authority.

Subregulation 41(5) allows the Designated Authority to decline to proceed with any relevant application or submission until compliance with this regulation occurs.

Regulation 42 - Notification of appointment of operator

Regulation 42 requires the titleholders in respect to a facility to ensure that at all times an operator is responsible for the facility, that operator is responsible for the overall management and operation of the facility and provide in writing the name, address, telephone and facsimile numbers of the operator to the Designated Authority.

Subregulation 42(4) requires the titleholder to give the Designated Authority promptly in writing any change of operator while subregulation 42(6) requires the operator to notify the Designated Authority in writing of any changes in its contact details.

Subregulation 42(5) provides that a nominated operator remains in forte until after 28 days from notification to the Designated Authority of a change in operator.

Subregulation 42(7) requires the Designated Authority to maintain a register or other record of matters notified under this regulation.

Regulation 43 - Proof of appointment as operator

Regulation 43 provides that a certificate signed by the Designated Authority in accordance with the register or other record maintained by the Designated Authority under subregulation 42(7) is admissible in proceedings under these regulations as a statement that a specified person was the operator on a specified date or period.

Regulation 44 - Service. delivery and lodgment of documents

Subregulation 44(1) provides that unless a contrary intention appears, a notice or other document issued under these regulations is taken to be given on the day it was delivered to. the relevant person or registered office in the case of a body corporate. In the case of delivery by post to a person. paragraph 44(1)(c) provides that the day of receipt is taken as the day the notice or document would ordinarily be delivered unless the person establishes it was delivered on a later day.

Subregulation 44(2) provides that the records of the Designated Authority are evidence as to whether a particular document was received or not or on a particular time.

Regulation 45 - Time limit for applications, etc

Regulation 45 requires that, unless a contrary intention appears, an application or submission required under these regulations, must or may be made within 28 days after the date of the relevant matter or circumstance giving rise to the application or submission.