In these regulations, unless the context otherwise requires,—

In these regulations, employer includes—

In these regulations, employee,—

In these regulations, operator means—

Subclause (1)(b)(iii) overrides subclause (1)(a).

In these regulations, a person is independent in the exercise of a function if—

A person on whom a duty is imposed by these regulations in relation to a particular set of circumstances must, on the occurrence of those circumstances, comply with that duty, despite the fact that the Act may impose the same, a similar, or an additional duty on that person in relation to that set of circumstances.

This regulation applies to a duty holder of an installation and a well operator.

If a duty holder or well operator to whom this regulation applies is succeeded by a new duty holder or well operator, anything done in compliance with these regulations by the duty holder or well operator, as the case may be, must be treated as having been done by their successor.

This Part applies to non-production installations and production installations.

The duty holder must take all practicable steps to ensure that—

The duty holder must ensure that the installation at all times possesses such integrity as is reasonably practicable.

The duty holder must appoint a competent person (the installation manager) to manage, on the duty holder’s behalf, the installation and the petroleum workers on it.

The duty holder must—

Every petroleum worker must—

The duty holder must take all practicable steps to—

The duty holder must take all practicable steps to ensure the safe disposal of any waste petroleum, vapours, or gases.

The duty holder must take all practicable steps to prevent sources of ignition being carried into or used in areas where such sources of ignition may create a hazard.

This Part applies only to lower-tier production installations.

The operator of a lower-tier production installation must—

The purpose of the policy is to prevent the occurrence of major accidents and limit their consequences to persons on or near the installation by appropriate means, structures, and management systems.

The policy must—

The operator of a lower-tier production installation must review the installation’s major accident prevention policy each time there is any significant modification to—

The operator must, as a result of a review, make any adjustments to the policy that are necessary to give effect to regulation 17(2) and (3).

In this regulation, a significant modification means any modification that is likely to—

The operator of a lower-tier production installation must make a record of—

The operator must retain each record for at least 5 years after it was made and store it—

The operator of a lower-tier production installation that was operating immediately before the commencement of these regulations is not required to comply with this Part until 30 June 2014.

This Part applies to non-production installations and production installations other than lower-tier production installations.

Before the design of a production installation is completed, the operator must—

The design notice must contain the information required in Schedule 2, but only to the extent that the operator can be reasonably expected to provide the information at the time the design notice is given to WorkSafe.

If, before a safety case for the installation is given to WorkSafe in accordance with regulation 26(2), there is a material change to any matter described in the design notice, the operator must notify WorkSafe of that change as soon as practicable.

Before a production installation is to be moved to, and operated in, a new location, the operator must—

The relocation notice must contain the information required in Schedule 2, but only to the extent that the information is not already contained in an accepted safety case for the installation.

A duty holder must not engage an installation in a combined operation with another installation, unless the duty holder has given WorkSafe a notice of combined operation in accordance with this regulation.

A notice of combined operation must contain the information required in Schedule 3.

The requirement in subclause (1) is satisfied if—

The notice must be given to WorkSafe by—

If, before the completion of the combined operation, there is a material change in any information contained in the notice of combined operation, the duty holders must notify WorkSafe of that change as soon as practicable.

The requirement in subclause (5) is satisfied if done in accordance with subclause (3).

If there is a change in the duty holder of an installation involved in a combined operation, the duty holders must give WorkSafe a notice of combined operation in accordance with this regulation.

In this regulation, combined operation means an operation where 2 or more installations carry out a temporary operation concurrently at the same location or, in the case of an offshore installation, within 500 metres of each other.

The duty holder of an installation must ensure that the installation is not operated without there being an accepted safety case for the installation.

A duty holder must prepare a safety case for an installation that contains the information required in Schedule 4.

The safety case must be given to WorkSafe, together with the prescribed fee,—

In the case of a production installation, WorkSafe may agree in writing that the safety case may relate to more than 1 installation.

A duty holder must, when preparing or revising a safety case, ensure there is effective consultation with, and participation of, petroleum workers who are—

If, in relation to an installation that is represented or treated as being a lower-tier installation, the average petroleum production over any continuous 12-month period, or the amount of liquefied flammable gas present, exceeds the applicable threshold quantities specified in paragraphs (a), (b), and (c) of the definition of lower-tier production installation in regulation 3, the operator must, within 90 days (unless otherwise agreed by WorkSafe), prepare a safety case for the installation in accordance with regulations 26 and 27 and give it to WorkSafe.

After receiving a safety case or an amended safety case, WorkSafe may request a duty holder to give further information about any matter set out in Schedule 4.

The request for further information must—

Any information given in response to a request must be treated as if it were part of the original safety case.

Within 90 days of receiving a safety case, or an amended safety case, WorkSafe must—

If WorkSafe requests further information under regulation 29, the 90-day period starts on the date WorkSafe receives the further information.

WorkSafe must as soon as practicable after making a decision about a safety case notify the duty holder in writing of that decision.

If WorkSafe is unable to make a decision about a safety case or an amended safety case within 90 days of receiving it, WorkSafe must—

WorkSafe must accept a safety case for the operation of an installation if satisfied that—

WorkSafe may, when accepting a safety case, impose limitations or conditions on the safety case that relate to the installation or the activities carried out at the installation.

WorkSafe must initially reject a safety case if the safety case does not meet the criteria set out in regulation 31.

If WorkSafe initially rejects a safety case, WorkSafe must—

If the duty holder gives WorkSafe an amended safety case, WorkSafe must—

If WorkSafe accepts the amended safety case, WorkSafe may impose limitations or conditions in accordance with regulation 32.

To avoid doubt, the fact that WorkSafe has finally rejected a safety case for an installation does not prevent the duty holder from giving WorkSafe a new safety case for that installation in accordance with regulation 26.

A duty holder of an installation in respect of which there is an accepted safety case must prepare a revised safety case and give it to WorkSafe if—

If any of subclause (1)(a) to (f) apply, a revised safety case must be given to WorkSafe as soon as practicable, together with the prescribed fee.

WorkSafe may agree, in writing, that the revised safety case may take the form of revisions to a part or specified parts of the accepted safety case.

The duty holder of an installation in respect of which there is an accepted safety case must prepare a revised safety case and give it to WorkSafe, together with the prescribed fee, if WorkSafe so requests in writing.

WorkSafe may agree in writing that the revised safety case may take the form of revisions to a part or specified parts of the accepted safety case.

A request under subclause (1) must include—

The duty holder may make a submission to WorkSafe, requesting WorkSafe to—

A submission under subclause (4) must be in writing, set out the reasons for the request, and be made—

If WorkSafe receives a submission from the duty holder under subclause (4), WorkSafe must—

WorkSafe must give the duty holder written notice of WorkSafe’s decision, including the grounds for the decision if the duty holder’s submission is rejected in whole or in part.

The duty holder of an installation in respect of which there is an accepted safety case must prepare a revised safety case and give it to WorkSafe, together with the prescribed fee, no later than the date that is 5 years after the date on which a safety case for the installation was accepted.

Subclause (1) applies regardless of whether a revised safety case required under regulation 34 or 35 has been accepted within the 5-year period.

The duty holder must comply with regulations 26 and 27 when preparing the revised safety case.

If a duty holder provides a revised safety case to WorkSafe under any of regulations 34 to 36, regulations 29 to 33 apply, except as modified by subclauses (2) and (3).

Any request for further information under regulation 29 must specify the date by which the further information must be provided, which must not be less than 10 days after the date the request is sent.

WorkSafe must make a decision, and notify the duty holder of the decision, in accordance with regulation 30 within 30 days of receiving the revised safety case (unless WorkSafe acts in accordance with regulation 30(4)).

To avoid doubt, the accepted safety case for the installation continues to have effect if WorkSafe finally rejects the revised safety case.

WorkSafe may withdraw acceptance of an accepted safety case if—

Before withdrawing acceptance of a safety case, WorkSafe must give the duty holder 30 days’ notice, in writing, of the intention to do so, together with—

WorkSafe may provide a copy of the notice to any other person.

The duty holder may, by the date specified by WorkSafe, make written submissions to WorkSafe in relation to the proposed withdrawal.

Before making a final decision to withdraw acceptance of a safety case, WorkSafe must have regard to, as applicable,—

The duty holder must, as applicable, operate, modify, maintain, and decommission an installation in a manner that is consistent with the accepted safety case and any conditions or limitations imposed by WorkSafe.

In subclause (1), a reference to installation includes any part of that installation.

Despite regulation 39, WorkSafe may consent in writing to a duty holder conducting an activity in a manner different from that set out in the accepted safety case for the installation.

Without limiting the generality of subclause (1), WorkSafe may give such consent where—

WorkSafe may not give consent under subclause (1) unless WorkSafe is satisfied that the activity will not significantly increase existing risks, or create significant new risks, to the health and safety of persons on or near the installation.

The duty holder must make a record of—

The duty holder must retain a record referred to in subclause (1) for at least 5 years after it was made, and store it—

A safety case for an offshore installation that was prepared under the former regulations and sent to the Secretary under regulation 22 of those regulations is deemed to be an accepted safety case for the purposes of these regulations.

For the purposes of regulation 36, the 5-year period begins on the date on which the Secretary received the safety case under the former regulations.

This regulation applies to installations (other than offshore installations) that were operating immediately before the commencement of these regulations.

A duty holder of an installation to which this regulation applies—

Once the duty holder has complied with subclause (2)(b), regulations 29 to 33 apply accordingly.

This Part applies to non-production installations, and production installations, operating offshore.

A duty holder must ensure that an installation is not operated unless there is a current certificate of fitness in respect of the safety of—

The matters referred to in subclause (1)(a) and (b) may be covered by 1 certificate, if appropriate.

Subclause (1) does not apply to a duty holder operating a verification scheme.

The duty holder must ensure that a copy of any certificate of fitness is sent to WorkSafe at least 30 days before the commencement of operation of the installation.

An installation or any equipment necessary for the safe operation of an installation no longer complies with the relevant certificate of fitness if it—

If the installation or equipment no longer complies with the relevant certificate of fitness,—

WorkSafe may recognise a person or organisation as an inspection body, if satisfied that—

Recognition of any person or organisation as an inspection body is subject to the following conditions:

WorkSafe may withdraw recognition of an inspection body if WorkSafe is satisfied that—

Before withdrawing recognition of an inspection body, WorkSafe must put its concerns to the inspection body and consider the inspection body’s response.

If WorkSafe has recognised any person or organisation under regulation 47, or withdrawn recognition from any person or organisation under regulation 49, WorkSafe must publish a notice to that effect in the Gazette.

An inspection body that was recognised by WorkSafe under regulation 24 of the former regulations must be treated as having been recognised under regulation 47 of these regulations.

To avoid doubt, WorkSafe may withdraw recognition of such an inspection body in accordance with regulation 49.

An inspection body must—

The inspection body must, before issuing a certificate of fitness under subclause (1)(b), be satisfied that all parts of the installation or equipment described in the certificate have been designed, constructed, maintained, or suspended or abandoned, in accordance with generally accepted and appropriate industry practice.

A certificate of fitness must be in the form specified in Schedule 5 and contain the date of its expiry, which must not be more than 5 years from the date of issue of the certificate.

This regulation applies to a certificate of fitness that—

The certificate must be treated as a certificate of fitness issued under regulation 52 and—

In regulations 55 to 62, verification scheme means a written scheme for ensuring, by the means described in subclause (2), that the safety-critical elements—

The means referred to in subclause (1) are—

A duty holder who intends to operate a verification scheme in relation to an installation must ensure—

In relation to a non-production installation or a new production installation, a copy of the verification scheme must be given to WorkSafe at least 90 days (or any shorter period specified by WorkSafe) before the date on which the duty holder intends to commence operating the installation.

In relation to an existing production installation, a copy of the verification scheme must be given to WorkSafe at least 90 days (or any shorter period specified by WorkSafe) before the date on which the current certificate of fitness for the installation expires.

WorkSafe may recognise a verification scheme by allowing a duty holder to operate a verification scheme for a particular installation, if—

If WorkSafe recognises a duty holder’s verification scheme, that duty holder does not have to comply with the certification requirements imposed under regulation 45.

If a verification scheme has been recognised under regulation 56, the duty holder must implement the verification scheme—

WorkSafe may withdraw recognition of the verification scheme if—

Before withdrawing recognition of a verification scheme, WorkSafe must put its concerns in writing to the duty holder and consider the duty holder’s response.

A duty holder who operates a verification scheme must ensure that, as often as is appropriate,—

If a verification scheme is revised or replaced, the duty holder must as soon as practicable send a copy of the revision or replacement to WorkSafe.

A duty holder must ensure that, while the installation remains in being, effect continues to be given to the verification scheme or any revision to or replacement of it.

A duty holder who operates a verification scheme must make and retain the following records, and store them at the nominated address, until the date that is 12 months after the verification scheme has ceased to be current:

In subclause (1), the nominated address means the address nominated by the duty holder.

A verification scheme that was recognised by the Secretary under regulation 26(1) of the former regulations must be treated as a verification scheme recognised under regulation 56(1).

To avoid doubt, WorkSafe may withdraw recognition of a verification scheme in accordance with regulation 58.

This Part applies to all well operations.

A well operator must ensure that a well is designed, constructed, commissioned, equipped, operated, maintained, modified, suspended, and abandoned so that—

A duty holder must ensure that every person who is, or is to be, engaged in any capacity in a well operation has the necessary knowledge, skills, experience, and ability to carry out his or her responsibilities and perform his or her job safely and effectively.

A duty holder must ensure that a well operation is carried out only in circumstances where the petroleum workers carrying out the operation have received sufficient information, instruction, and training and are sufficiently supervised such that the risks to the health and safety of persons from that operation are as low as is reasonably practicable.

Before the design of a well is commenced, a well operator must assess—

The well operator must ensure that the findings from the assessment are taken into account when the well is designed and constructed, in order to comply with regulation 64.

While well operations are being carried out, a well operator must continue to assess—

If any change to any matter described in subclause (1)(a) to (c) is observed, the well operator must, if necessary, ensure that the following are modified in order to comply with regulation 64:

A well operator must ensure that a well is designed and constructed so that, as far as is reasonably practicable,—

A well operator must take all practicable steps to ensure that every part of a well is composed of suitable material, in order to comply with regulation 64.

Before any well operation is carried out, the well operator must ensure that suitable well control equipment and associated control systems are provided to protect against the uncontrolled release of petroleum.

When any well operation is carried out, the duty holder for the installation must take all practicable steps to ensure that suitable well control equipment and associated control systems are deployed when the well and operational conditions so require.

Before the design of a well is commenced or adopted, the well operator must prepare and implement a well examination scheme for the well.

If the well operator has already prepared and implemented a well examination scheme for another well, the well operator may, instead of developing a new well examination scheme, modify the existing scheme to incorporate the new well.

The well operator must review and revise the well examination scheme as often as is appropriate.

In this regulation, well examination scheme means arrangements for examinations of the well that are—

The well operator of a well that was completed before the commencement of these regulations must—

If before the commencement of these regulations, the design of a well has commenced or been adopted but the well has not been completed, the well operator must as soon as practicable, and no later than 30 June 2014,—

To avoid doubt, this regulation does not apply to a well that has been abandoned.

A well operator must make and retain records of the following matters, and store them at an address notified to WorkSafe, until the date that is 12 months after the well examination scheme, including any revision, has ceased to be current:

This regulation applies to the following well operations only:

A well operator must not commence well operations to which this regulation applies unless the well operator has given WorkSafe notice of well operations.

A notice of well operations—

If there is a material change to any of the information provided in a notice of well operations before completion of the relevant well operation, the well operator must notify WorkSafe, in writing, of that change as soon as practicable.

This regulation applies to a workover or well intervention operation that involves—

A well operator must not commence the well operation unless the operator has given WorkSafe a notice of well operations.

A notice of well operations under this regulation—

WorkSafe may, in writing, exempt a well operator from the notice requirements of either or both of regulations 73 and 74.

WorkSafe may grant an exemption under subclause (1) only if WorkSafe is satisfied that the well operation will not—

An exemption granted under subclause (1) may be—

A well operator must make and retain daily reports of any well operation described in subclause (3) and store them at an address notified to WorkSafe, until 12 months after the abandonment of the well.

Copies of daily reports must be made available to an inspector on request.

The well operations referred to in subclause (1) include the following:

This Part applies to non-production installations and production installations.

A duty holder must notify WorkSafe of any dangerous occurrence as soon as practicable after that occurrence becomes known to the duty holder.

A notice required under subclause (1)—

A duty holder must provide to WorkSafe initial written notice of the circumstances of the dangerous occurrence, including the information required under Part 1 of Schedule 8, by the latest of—

A duty holder must provide to WorkSafe a detailed written report on a dangerous occurrence, including the information required under Parts 1 and 2 of Schedule 8, by the latest of—

In this regulation, dangerous occurrence means any of the following events that arose out of or in connection with petroleum operations:

A duty holder of an installation must prepare an emergency response plan for the installation.

The emergency response plan must take into account the operating and environmental conditions at the intended location of the installation.

The duty holder must give a copy of the emergency response plan to WorkSafe as soon as practicable after the plan is developed, and at least 30 days before commencing operations.

In this regulation, emergency response plan means a plan for responding to emergencies that occur while petroleum workers are working on an installation, and includes—

The duty holder of an installation must, at suitable intervals not exceeding 3 years,—

The duty holder must provide any revision to the emergency response plan to WorkSafe as soon as practicable after the revision is made.

A duty holder must ensure that accommodation on every occupied offshore installation is provided with—

A duty holder must ensure that a temporary refuge is provided on every occupied offshore installation.

The duty holder must ensure that every temporary refuge—

A duty holder must ensure that, on any offshore installation,—

A duty holder must take all practicable steps to—

A duty holder must take all practicable steps to ensure that—

Subclause (3) does not apply to an offshore installation that has no associated accommodation.

A duty holder must—

A duty holder must take all practicable steps to—

The fees payable to WorkSafe for the assessment of a safety case or a revised safety case are set out in Schedule 9.

If the safety case relates to more than 1 installation, the prescribed fee for the safety case is payable for each installation.

The provisions to which this regulation applies are regulations 10, 11, 12, 13, 14, 15, 17(1), 18, 19, 22, 23, 24(1), (2), (4), (5), and (7), 25, 28, 34, 35, 36, 39, 41, 45(1), and (4), 46(2)(a), 57, 59, 60, 61, 64, 65, 66, 67, 68, 69, 70, 71(1), (3), (5), and (6), 72, 73(2), (3), and (4), 74(2), and (3), 76(1) and (2), 78(1), (3), and (4), 79(1), (2), and (3), 80, 81, 82, 83(1), (2), and (3), and 84.

Section 50 of the Act (which provides that every person who fails to comply with a provision to which that section is declared to apply commits an offence and is liable on conviction to a fine) applies to the provisions of these regulations referred to in subclause (1).

The Health and Safety in Employment (Petroleum Exploration and Extraction) Regulations 1999 (SR 1999/349) are revoked.