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WORK HEALTH AND SAFETY ACT 2020 - SECT 310

310 .         Section 3 amended

        (1)         In section 3 delete the definitions of:

        accepted DSMS

        CEO

        diving contractor

        diving safety management system

        DSMS levy

        facility

        facility safety case levy

        geothermal energy operation

        licensee

        operator

        petroleum operation

        PGERA regulations

        pipeline

        pipeline licensee

        pipeline management plan

        pipeline management plan in force

        pipeline management plan levy

        pipeline operation

        pipeline safety case levy

        PPA regulations

        revised pipeline management plan

        revised safety case

        revised safety management system

        safety case

        safety case in force

        safety levy

        safety management system

        safety management system in force

        safety management system levy

        (2)         In section 3 insert in alphabetical order:


        adjacent area has the meaning given in the Petroleum (Submerged Lands) Act 1982 section 60K and includes any space referred to in section 7 of that Act;

        CIPS means the Chief Inspector Petroleum Safety under the Work Health and Safety Act 2020 Schedule 1 Division 2;

        construct has the meaning given in the Work Health and Safety Act 2020 section 4;

        design has the meaning given in the Work Health and Safety Act 2020 section 4;

        diving operation — see section 3A;

        DSMS — see section 3B;

        DSMS levy means the levy referred to in section 7;

        explore means to carry out a survey operation, drilling operation or other operation, other than a seismic survey, that relates to exploration for petroleum or geothermal energy resources;

        geothermal energy has the meaning given in the Petroleum and Geothermal Energy Resources Act 1967 section 5(1);

        geothermal energy operation — see section 3C;

        geothermal energy resources has the meaning given in the Petroleum and Geothermal Energy Resources Act 1967 section 5(1);

        oil shale includes naturally occurring hydrocarbons that are or may be contained in rocks from which they cannot be recovered otherwise than by mining those rocks as oil shale;

        petroleum

            (a)         means —

                  (i)         any naturally occurring hydrocarbon, whether in a gaseous, liquid or solid state; or

                  (ii)         any naturally occurring mixture of hydrocarbons, whether in a gaseous, liquid or solid state; or

                  (iii)         any naturally occurring mixture of 1 or more hydrocarbons, whether in a gaseous, liquid or solid state, and 1 or more of the following, that is to say, hydrogen sulphide, nitrogen, helium and carbon dioxide,

                but does not include oil shale; and

            (b)         includes any petroleum as defined in paragraph (a) that has been returned to a natural reservoir; and

            (c)         also includes any petroleum as defined in paragraph (a) or (b) to which 1 or more things have been added, or from which 1 or more things have been wholly or partly removed, or both; and

            (d)         also includes any mixture that —

                  (i)         has been recovered from a well; and

                  (ii)         includes petroleum as defined in paragraph (a), (b) or (c);

        petroleum operation — see section 3D;

        place has the meaning given in the Work Health and Safety Act 2020 section 8(2);

        plant has the meaning given in the Work Health and Safety Act 2020 section 4;

        safety case — see section 3E;

        safety case levy means the levy referred to in section 4;

        safety levy means the safety case levy or the DSMS levy;

        structure has the meaning given in the Work Health and Safety Act 2020 section 4;

        well means a hole in the Earth’s crust made by drilling, boring or any other means in connection with exploration for petroleum or geothermal energy resources or operations for the recovery of petroleum or geothermal energy, but does not include a seismic shot hole;

        WHS regulations means regulations made under the Work Health and Safety Act 2020 ;

        worker has the meaning given in the Work Health and Safety Act 2020 section 7.




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