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OFFSHORE PETROLEUM AND GREENHOUSE GAS STORAGE REGULATIONS 2021
TABLE OF PROVISIONS
1. Objective
2. Authorising provision
3. Commencement
3A. Revocations
4. Definitions
PART 2.1--PRELIMINARY
5. Objects of this Chapter
6. Definitions
7. References to an activity
PART 2.2--ENVIRONMENT PLANS
Division 1--Requirement for an environment plan
8. Accepted environment plan required for an activity
9. Operations must comply with the accepted environment plan
10. Operations must not continue if new or increased environmental risk identified
Division 2--Acceptance of an environment plan
11. Submission of an environment plan
12. Form of environment plan
13. Publication of information about environment plan
13A. Withdrawal of submitted environment plan
13B. Further information
13C. Making decision on submitted environment plan
13D. Criteria for acceptance of environment plan
13E. Notice of decision on environment plan and submission of summary
13F. Consultation with relevant authorities, persons and organisations, etc.
Division 3--Contents of an environment plan
14. Contents of an environment plan
15. Environmental assessment
16. Implementation strategy for the environment plan
17. Environmental emergency response manual
18. Details of titleholder and liaison person
19. Other information in the environment plan
Division 4--Variation of an environment plan
20. Variation because of a change, or proposed change, of circumstances or operations
21. Variation on request by the Minister
22. Variation at the end of each 5 years
23. Form of proposed variation
23A. Publication of information about proposed variation
24. Acceptance of a varied environment plan
25. Effect of non-acceptance of proposed variation
Division 5--Withdrawal of acceptance of an environment plan
26. Withdrawal of acceptance of environment plan
27. Steps to be taken before withdrawal of acceptance
28. Withdrawal of acceptance not affected by other provisions
28A. Environment plan ends when titleholder notifies completion
PART 2.3--INCIDENTS, REPORTS AND RECORDS
29. Notifying reportable incidents
30. Written report of reportable incidents
30A. Additional written reports if requested
31. Reporting recordable incidents
31A. Reporting environmental performance
32. Storage of records
33. Making records available
PART 2.4--MISCELLANEOUS
34. Notifying start and end of activity
35. Titleholder may refer to information previously given
PART 3.1--PRELIMINARY
40. Objects of this Chapter
41. Definitions
42. Vessels and structures that are not facilities
43. Vessels and structures that are not associated offshore places
PART 3.2--OFFSHORE FACILITIES
Division 1--Operators
45. Nomination of operator—general
46. Acceptance or rejection of nomination of operator
47. Register of operators
48. Removal of name from register
Division 2--Safety cases
49. Facility description, formal safety assessment and safety management system
50. Implementation and improvement of the safety management system
51. Standards to be applied
52. Command structure
53. Members of the workforce must be competent
54. Permit to work system for safe performance of various activities
55. Involvement of members of the workforce
56. Design, construction, installation, maintenance and modification
57. Medical and pharmaceutical supplies and services
58. Machinery and equipment
59. Drugs and intoxicants
60. Evacuation, escape and rescue analysis
61. Fire and explosion risk analysis
62. Emergency communications systems
63. Control systems
64. Emergency preparedness
65. Pipes
66. Vessel and aircraft control
67. Arrangements for records
68. Safety case to be submitted to NOPSEMA
69. NOPSEMA may request more information
70. Acceptance or rejection of a safety case
71. Notice of decision on safety case
72. Consent to undertake work in a manner different from safety case
73. Duties under Part 2 of Schedule 3 to the Act
74. Variation of a safety case because of a change of circumstances or operations
75. Variation on request by NOPSEMA
76. Variation after 5 years
77. NOPSEMA may request more information
78. Acceptance or rejection of a proposal for a variation of a safety case
79. Notice of decision on proposal for variation of a safety case
80. Effect of rejection of a proposal for variation of a safety case
81. Grounds for withdrawal of acceptance
82. Notice before withdrawal of acceptance
83. NOPSEMA may give an exemption
Division 3--Validation
84. Validation of design, construction and installation, significant modification or decommissioning of a facility
Division 4--Notifying and reporting accidents and dangerous occurrences
86. Notices and reports of accidents and dangerous occurrences
Division 5--Penalty provisions
87. Facility must have operator
88. Safety case required for the relevant stage in the life of a facility
89. Work on a facility must comply with the safety case
90. New health and safety risk
91. Maintaining records
92. Person on a facility must comply with safety case
93. Interference with accident sites
Division 6--Miscellaneous
94. Details in applications or submissions
PART 3.3--OCCUPATIONAL HEALTH AND SAFETY
Division 1--Health and safety
95. Avoiding fatigue
96. Possession or control of drugs or intoxicants
97. Person must leave the facility when instructed to do so
98. Prohibition on the use of certain hazardous substances
99. Limitations on exposure to certain hazardous substances
100. Exposure to noise
101. Exemptions from hazardous substances and noise requirements
Division 2--Election of health and safety representatives
102. Appointment of returning officer
103. Number of votes
104. Right to secret ballot
105. Conduct of poll by secret ballot
106. Conduct of poll if no request made for secret ballot
107. If no candidate is elected
108. Ballot‑papers
109. Distribution of ballot papers
110. Manner of voting by secret ballot
111. Envelopes given to returning officer
112. Scrutineers
113. Returning officer to be advised of scrutineers
114. Persons present at the count
115. Conduct of the count
116. Informal ballot‑papers
117. Completion of the count
118. Destruction of election material
119. Request for recount
120. Irregularities at election
121. Result of poll
Division 3--Advice, investigations and inquiries
122. Taking samples for testing etc.
123. Care of samples
124. Form of certain notices
Division 4--Exemptions from the requirements in Part 3 of Schedule 3 to the Act
125. Orders under clause 52 of Schedule 3 to the Act
Division 5--Laws that do not apply
126. Laws that do not apply
Division 6--Miscellaneous
127. Service of notices
PART 3.4--DIVING
Division 1--Preliminary
128. Meaning of diving
129. When a diving operation begins and ends
Division 2--Diving safety management systems
130. No diving without DSMS
132. Acceptance of new DSMS
133. Acceptance of varied DSMS
134. Grounds for rejecting DSMS
135. Notice of reasons
136. Register of DSMSs
137. Variation of DSMS
138. Notice to vary DSMS
Division 3--Diving project plans
139. Diving project plan to be approved
140. Diving project plan to NOPSEMA if there is no operator
141. Diving project plan to NOPSEMA if requested
142. Updating diving project plan
143. Contents of diving project plan
144. No diving without approved diving project plan
Division 4--Involvement of divers and members of the workforce
145. Involvement of divers and members of the workforce in DSMS and diving project plan
Division 5--Safety responsibilities
146. Safety responsibilities of diving contractors
147. Safety in the diving area
148. Diving depths
Division 6--Diving supervisors
149. Appointment of diving supervisors
150. Duties of diving supervisors
Division 7--Start‑up notices
151. Start‑up notice
Division 8--Diving operations
152. Divers in diving operations
153. Medical certificates
Division 9--Records
154. Diving operations record
155. Divers' log books
PART 4.1--INTRODUCTION
156. Definitions
157. Significant risk of a significant adverse impact—information
158. Significant risk of a significant adverse impact—manner of determining risk
159. Significant risk of a significant adverse impact—threshold amounts
160. Significant risk of a significant adverse impact—notification that there is a significant adverse impact
PART 4.2--DECLARATION OF IDENTIFIED GREENHOUSE GAS STORAGE FORMATION
162. Application for declaration of identified greenhouse gas storage formation
163. Dealing with application for declaration of identified greenhouse gas storage formation
PART 4.3--SITE PLANS
164. Object of Part
165. Site plans—obligations
166. Site plans—approval (general)
167. Site plans—approval (Part A of plan)
168. Site plans—approval (Part B of plan)
169. Site plans—summary of draft site plan
170. Site plans—approval
171. Site plans—duration
172. Site plans—withdrawal of approval
173. Site plans—review of approved site plan
174. Site plans—variation of approved site plan
PART 4.4--GENERAL
Division 1--Incident reporting
175. Reportable incidents
176. Notifying reportable incidents
177. Written report of reportable incident
178. Additional requirements—behaviour of greenhouse gas substance in the storage formation
179. Additional requirements—leakage of stored greenhouse gas substance to the seabed
180. Additional requirements—leakage from the bore of a well
181. When report under this Division not necessary
Division 2--Other matters
182. Decommissioning of structures, equipment and other items of property
183. Discharge of securities
184. Estimate of total costs and expenses of carrying out program of operations
PART 5.1--PRELIMINARY
185. Objects of this Chapter
186. Definitions
187. Meaning of excluded information
PART 5.2--NOTIFICATION AND REPORTING OF DISCOVERY OF PETROLEUM
Division 1--Petroleum titleholders
188. Application
189. Requirement to provide information with notification of discovery of petroleum
190. Minister may request information to be included in discovery assessment report
191. Requirement to provide discovery assessment report
Division 2--Greenhouse gas titleholders
192. Application
193. Requirement to provide petroleum discovery report
PART 5.3--TITLE ASSESSMENT REPORTS
194. Application
195. Requirement to provide annual title assessment report
196. Reports may be combined with permission
197. Title assessment report for part of a year
198. Information to be provided in annual title assessment report—petroleum exploration permit
199. Information to be provided in annual title assessment report—petroleum retention lease
200. Information to be provided in annual title assessment report—petroleum production licence
201. Information to be provided in annual title assessment report—greenhouse gas assessment permit
202. Information to be provided in annual title assessment report—greenhouse gas holding lease
PART 5.4--FIELD DEVELOPMENT PLANS AND APPROVALS OF PETROLEUM RECOVERY
Division 1--Preliminary
203. Definitions
Division 2--Field development plan requirements for petroleum production licensees
204. Requirement to have an accepted field development plan
205. Requirement to undertake activities in accordance with accepted field development plan
Division 3--Obtaining acceptance of field development plan
206. Application for acceptance of field development plan
207. Minister's decision on field development plan
208. Criteria for acceptance of field development plan
209. Contents of field development plan
Division 4--Variation of field development plan
210. Requirement to apply for variation of field development plan
211. Application must be made at least 90 days before major change
212. Minister's decision on variation of field development plan
213. Variation required by Minister
214. Objection to requirement to vary field development plan
215. Decision on objection
Division 5--Recovery of petroleum before field development plan is accepted
216. Application for approval to undertake the recovery of petroleum without accepted field development plan
217. Decision on application
Division 7--Approval of rate of recovery of petroleum
219. Requirement to obtain approval of rate of recovery of petroleum
220. Application for approval of rate of recovery from pool in licence area
Division 8--Requirement to notify significant event
221. Requirement to notify significant event to Minister
PART 5.5--WELL OPERATIONS MANAGEMENT PLANS AND APPROVAL OF WELL ACTIVITIES--GREENHOUSE GAS TITLEHOLDERS
Division 1--Preliminary
222. Application
223. Definitions
224. Part is a listed OHS law
Division 2--Requirements--well operations management plan
225. Requirement to have accepted well operations management plan
226. Requirement to undertake activities in accordance with accepted well operations management plan
Division 3--Obtaining acceptance of well operations management plan
227. Application for acceptance of well operations management plan
228. Decision on well operations management plan
229. Criteria for acceptance of well operations management plan
230. Contents of well operations management plan
231. Status of well operations management plan
Division 4--Variation of well operations management plan
232. Application for acceptance of variation
233. Requirement to apply for variation of well operations management plan
234. Decision on request for acceptance of varied well operations management plan
235. Variation required by Minister
236. Objection to requirement to vary
237. Decision on objection
Division 5--Termination of well operations management plan
238. Termination of well operations management plan
Division 6--Withdrawal of acceptance of well operations management plan
239. Reasons for withdrawal of acceptance
240. Notice of proposal to withdraw acceptance
241. Decision to withdraw acceptance
242. Relationship between withdrawal and other provisions
Division 7--Approval for specific well activities
243. Requirement for approval of certain well activities that change well bore
244. Application for approval to undertake activity
245. Minister may request more information
246. Decision on application
Division 8--Control of hazards and risks
247. Requirement to control well integrity hazard or risk
PART 5.5A--WELL OPERATIONS MANAGEMENT PLANS AND APPROVAL OF WELL ACTIVITIES--PETROLEUM TITLEHOLDERS
Division 1--Preliminary
247A. Application
247B. Definitions
247C. Part is a listed OHS law
Division 2--Requirements--well operations management plan
247D. Requirement to have accepted well operations management plan
247E. Requirement to undertake activities in accordance with accepted well operations management plan
Division 3--Obtaining acceptance of well operations management plan
247F. Application for acceptance of well operations management plan
247G. Decision on well operations management plan
247H. Criteria for acceptance of well operations management plan
247I. Contents of well operations management plan
247J. Status of well operations management plan
Division 4--Variation of well operations management plan
247K. Application for acceptance of variation
247L. Requirement to apply for variation of well operations management plan
247M. Decision on request for acceptance of varied well operations management plan
247N. Variation required by NOPSEMA
247O. Objection to requirement to vary
247P. Decision on objection
Division 5--Termination of well operations management plan
247Q. Termination of well operations management plan
Division 6--Withdrawal of acceptance of well operations management plan
247R. Reasons for withdrawal of acceptance
247S. Notice of proposal to withdraw acceptance
247T. Decision to withdraw acceptance
247U. Relationship between withdrawal and other provisions
Division 7--Approval for specific well activities
247V. Requirement for approval of certain well activities that change well bore
247W. Application for approval to undertake activity
247X. Minister may request more information
247Y. Decision on application
Division 8--Control of hazards and risks
247Z. Requirement to control well integrity hazard or risk
PART 5.6--AUTHORISATION OF PETROLEUM TITLEHOLDERS TO CONDUCT GREENHOUSE GAS EXPLORATION
248. Application of Part
249. Definitions
250. Requirement to notify about authorised activity in title area
251. Authorisation of petroleum exploration permittee
252. Authorisation of petroleum retention lessee
253. Authorisation of petroleum production licensee
PART 5.7--DATA MANAGEMENT--PETROLEUM TITLEHOLDERS
Division 1--Requirements for keeping information
254. Purpose of Division
255. Requirement to securely retain information
256. Requirement to retain information so that retrieval is reasonably practicable
Division 2--Requirements for collection and retention of cores, cuttings and samples
257. Purpose of Division
258. Requirement to retain core, cutting or sample
259. Requirement to retain core, cutting or sample in Australia
260. Requirement to return core, cutting or sample to Australia
261. Requirement to provide report about overseas analysis of core, cutting or sample
262. Requirement to securely retain core, cutting or sample
263. Requirement to retain core, cutting or sample so that retrieval is reasonably practicable
Division 3--Requirements for giving reports and samples
264. Purpose of Division
265. Requirement for daily drilling report
266. Requirement for initial well completion report and data
267. Requirement for final well completion report and data
268. Requirement for weekly survey report
269. Requirement for survey acquisition report and data
270. Requirement for survey processing report and data
271. Requirement for survey interpretation report and data
272. Requirement for monthly report from petroleum production licensee
273. Requirement to give core, cutting or sample
Division 2--sets out requirements for the collection and keeping of cores, cuttings and samples.
PART 5.8--RELEASE OF TECHNICAL INFORMATION ABOUT PETROLEUM
Division 1--Preliminary
274. Definitions
Division 2--Classification of documentary information
275. Meaning of permanently confidential information
276. Meaning of interpretative information
277. Classification dispute notice
278. Making an objection
279. Consideration of objection by Minister
280. Review of decision by Minister
281. When objection ceases to be in force
Division 3--Release of documentary information
282. Purpose of Division
283. Release of open information about wells and surveys
284. Release of basic disclosable information
285. Release of interpretative disclosable information
286. Release of documentary information—prior availability or consent
Division 4--Release of petroleum mining samples
287. Purpose of Division
288. Release of petroleum mining samples after relevant day
289. Release of petroleum mining samples—prior availability or consent
PART 5.9--DATA MANAGEMENT--GREENHOUSE GAS TITLEHOLDERS
Division 1--Requirements to keep information
290. Purpose of Division
291. Requirement to securely retain information
292. Requirement to retain information so that retrieval is reasonably practicable
Division 2--Requirements for collection and retention of cores, cuttings and samples
293. Purpose of Division
294. Requirement to retain core, cutting or sample
295. Requirement to retain core, cutting or sample in Australia
296. Requirement to return core, cutting or sample to Australia
297. Requirement to provide report about overseas analysis of core, cutting or sample
298. Requirement to securely retain core, cutting or sample
299. Requirement to retain core, cutting or sample so that retrieval is reasonably practicable
Division 3--Requirements for giving reports and samples
300. Purpose of Division
301. Requirement for daily drilling report
302. Requirement for initial well completion report and data
303. Requirement for final well completion report and data
304. Requirement for weekly survey report
305. Requirement for survey acquisition report and data
306. Requirement for survey processing report and data
307. Requirement for survey interpretation report and data
308. Requirement for greenhouse gas injection monthly report—greenhouse gas injection licensee
309. Requirement for greenhouse gas injection annual report—greenhouse gas injection licensee
310. Requirement for monthly greenhouse gas accounting report—greenhouse gas injection licensee
311. Requirement for annual greenhouse gas accounting report greenhouse gas injection licensee
312. Requirement to give core, cutting or sample
Division 2--sets out requirements for the collection and keeping of cores, cuttings and samples.
PART 5.10--RELEASE OF TECHNICAL INFORMATION ABOUT GREENHOUSE GAS
Division 1--Preliminary
313. Definitions
Division 2--Classification of documentary information
314. Meaning of permanently confidential information
315. Meaning of interpretative information
316. Classification dispute notice
317. Making an objection
318. Consideration of objection by Minister
319. When objection ceases to be in force
Division 3--Release of documentary information
320. Purpose of Division
321. Release of open information about wells and surveys
322. Release of information from greenhouse gas accounting reports
323. Release of basic disclosable information
324. Release of interpretative disclosable information
325. Release of documentary information—prior availability or consent
Division 4--Release of eligible samples
326. Purpose of Division
327. Release of eligible samples after relevant day
328. Release of eligible samples—prior availability or consent
PART 5.11--MISCELLANEOUS
329. Form of instrument of transfer
330. Prescribed details for supplementary instrument for approval of dealing
331. Survey of wells, structures or equipment
332. Notice of route followed by pipeline
333. Requirement to give notice of pipeline incident
334. Requirement to provide written report about pipeline incident
335. Requirement for notice of geophysical or geological survey
336. Requirement to give notice of actions for royalty purposes
PART 6.1--FEES
Division 1--Application fees
337. Application fees
Division 2--Annual fees
338. Work-bid petroleum exploration permit fee
339. Special petroleum exploration permit fee
340. Petroleum retention lease fee
341. Petroleum production licence fee
342. Infrastructure licence fee
343. Pipeline licence fee
344. Greenhouse gas holding lease fee
345. Greenhouse gas injection licence fee
Division 3--Other fees
346. Fee for entries in the Register of memoranda of transfers of title
347. Fee for approval of dealing relating to a petroleum title
348. Fee for registration of transfer of greenhouse gas title
349. Fee for registration of dealing with greenhouse gas title
350. Register inspection fees
351. Document and certification fees
352. Information fees
353. Sample inspection fees
PART 6.2--TRANSITIONAL PROVISIONS FOR CHAPTER 3--SAFETY
Division 1--Preliminary
354. Definitions
Division 2--Operators
355. Operator of a facility before 1 January 2012
356. Register of operators
Division 3--Safety cases
357. Existing safety cases remain in force
Division 4--Pipelines
359. Existing pipeline management plans remain in force
361. Operator of a pipeline before 1 January 2012
Division 5--Diving safety management systems and diving project plans
362. Register of DSMSs and varied DSMSs
363. Existing DSMS remain in force
365. Notices taken to be given by Safety Authority
366. Existing diving project plans remain in force
Division 7--Exemptions from requirements in Part 3 of Schedule 3 to the Act
368. Existing exemptions remain in force
369. Revocation of these Regulations
SCHEDULE 1
SCHEDULE 2
SCHEDULE 3
SCHEDULE 4
SCHEDULE 5
SCHEDULE 6
SCHEDULE 7
SCHEDULE 8
SCHEDULE 9
SCHEDULE 10
SCHEDULE 11
SCHEDULE 12
ENDNOTES
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