Western Australian Current Acts Western Australian Current Acts (1) The Governor 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.
(2) In particular, but
without limiting the generality of subsection (1), regulations may make
provision for securing, regulating, controlling or restricting all or any of
the following matters —
(a) the
exploration for petroleum and the carrying on of operations and the execution
of works for that purpose;
(b) the
recovery of petroleum and the carrying on of operations and the execution of
works for that purpose;
(c)
conserving and preventing the waste of the natural resources, whether
petroleum or otherwise, of the adjacent area;
(d) the
construction and operation of pipelines, water lines, secondary lines, pumping
stations, tank stations or valve stations and the carrying on of operations,
and the execution of works, for any of those purposes;
(e) the
construction, erection, maintenance, operation or use of installations,
equipment or facilities;
(f) the
control of the flow or discharge, and the prevention of the escape, of
petroleum, water or drilling fluid, or a mixture of water or drilling fluid
with petroleum or any other matter;
(g) the
clean-up or other remedying of the effects of the escape of petroleum;
(h) the
prevention of damage to petroleum bearing strata in an area, whether in the
adjacent area or not, in respect of which a permit, lease or licence is not in
force;
(i)
the keeping separate of —
(i)
each petroleum pool discovered in a permit area, lease
area or licence area; and
(ii)
each source of water discovered in a permit area, lease
area or licence area;
(j) the
prevention of water or other matter from entering a petroleum pool through
wells;
(k) the
prevention of the waste or escape of petroleum or water from a pipeline, water
line, secondary line, pumping station, tank station or valve station;
(la) the
preparation, submission and approval of environment plans;
(lb) the
prohibition of the doing of an act or thing otherwise than in accordance with
an approved environment plan;
(lc) the
responsibilities of a permittee, lessee, licensee or holder of a special
prospecting authority or access authority as to authorising, or obtaining
authorisation for, the release of documentary information as defined in
section 152A;
(l) the
maintaining in good condition and repair of all structures, equipment and
other property in the adjacent area used or intended to be used for or in
connection with any of the following operations in that area —
(i)
petroleum exploration operations;
(ii)
petroleum recovery operations;
(iii)
operations relating to the processing or storage of
petroleum;
(iv)
operations relating to the preparation of petroleum for
transport;
(v)
operations connected with the construction or operation
of a pipeline;
(m) the
removal from the adjacent area of structures, equipment and other property
brought into that area for use in connection with an operation in that area of
a kind mentioned in paragraph (l) that are not so used or intended to be so
used;
(n) fees
in relation to offshore petroleum operations, audits or other services
provided by the Minister;
(o) any
transitional matter arising out of the amendments made to this Act by the
Petroleum Legislation Amendment and Repeal Act 2005.
(2a) The regulations
may make provision in relation to a matter by applying, adopting or
incorporating, with or without modification, a code of practice or standard
contained in an instrument (including an instrument issued or made outside
Australia), as in force or existing at the time when the regulations take
effect or as in force or existing from time to time, being a code of practice
or standard that is relevant to that matter.
(2b) Regulations under
this section may prohibit the doing of an act or thing either unconditionally
or subject to conditions, including conditions requiring the grant, as
prescribed by the regulations, of the consent or approval of a person
specified in the regulations.
(2c) Regulations under
this section may adopt or apply, with or without modification, any regulation
made under the Commonwealth Act, the Petroleum and Geothermal Energy
Resources Act 1967 or the Petroleum Pipelines Act 1969 , that is in force or
existing at the time when the regulations under this section take effect or as
in force or existing from time to time.
[(3) deleted]
(4) The regulations
may provide that a contravention or failure to comply with a regulation
constitutes an offence, and for the imposition of —
(a) a
fine not exceeding $10 000; or
(b) a
fine not exceeding that amount for each day on which the offence occurs,
for offences against
the regulations.
[Section 152 amended: No. 12 of 1990 s. 250; No.
13 of 2005 s. 45; No. 35 of 2007 s. 104(4); No. 42 of 2010 s. 165; No. 36 of
2020 s. 342.]