{"id":"energy-resources-regulations-2013","name":"Energy Resources Regulations 2013","slug":"energy-resources-regulations-2013","collection":"regulation","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":235427,"registerId":"sa-energy-resources-regulations-2013-current","compilationNumber":null,"startDate":"2026-04-06","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1A","sectionType":"part","heading":"Licences","content":"Part 1A—Licences\n3A—Regulated substance production licence\nFor the purposes of section 34(4a) of the Act, operations of the following kinds are prescribed:\n\t(a)\trecovering a regulated substance from the ground, including—\n\t(i)\toperations involving the injection of a regulated substance into a natural reservoir for the recovery (or enhanced recovery) of another regulated substance; and\n\t(ii)\tif the terms of the licence so provide—the extraction of a regulated substance by artificial means such as in situ gasification or the techniques used to recover coal seam methane;\n\t(b)\tthe processing of a regulated substance;\n\t(c)\tthe storage or withdrawal of a regulated substance for its supply or delivery to the market.\n","sortOrder":0},{"sectionNumber":"Part 2","sectionType":"part","heading":"Licence applications","content":"Part 2—Licence applications\n4—General requirements\nAn application for a licence, or for the renewal of a licence, under the Act—\n\t(a)\tmust be addressed to the Minister; and\n\t(b)\tmust be signed or executed by the applicant; and\n\t(c)\tmust include, or be accompanied by, the following information or material (in addition to the material required by the Act):\n\t(i)\tthe full name, business address and telephone number of the applicant;\n\t(ii)\tthe name and telephone number of a person who can be contacted about the application;\n\t(iii)\ta description of the area or route to which the application relates, using co‑ordinates in a form determined or approved by the Minister and, if available, cadastral boundaries;\n\t(iv)\tin the case of an application for a licence—a map indicating the area or route to which the application relates and, in the case of an application for a pipeline licence, indicating significant topographical, environmental and cultural features;\n\t(v)\tinformation on the size of the area or length of the route to which the application relates, expressed in square kilometres or kilometres (as appropriate);\n\t(vi)\tin the case of an application for a licence—\n\t(A)\tin the case of an incorporated body—a copy of the body's most recent audited annual financial statements;\n\t(B)\tin any other case—statements that demonstrate the expected financial position of the applicant over the anticipated term of the licence (or a shorter term determined by the Minister);\n\t(vii)\tin the case of an application for a licence—a statement of the technical qualifications and experience of the applicant;\n\t(viii)\tin the case of an application for a licence—if the application is being made by more than one person—information on the interest that each person will have in the licence (which may be expressed as a percentage).\n5—Preliminary survey and speculative survey licences\nAn application for a preliminary survey licence or a speculative survey licence, or for the renewal of a preliminary survey licence or a speculative survey licence, must also include, or be accompanied by, the following information or material:\n\t(a)\tif relevant, material identifying any existing licences that are wholly or partially contained within the proposed area of the licence;\n\t(b)\ta description of the regulated activities to be carried out under the licence.\n6—Exploration licences\nAn application for an exploration licence, or for the renewal of an exploration licence, must also include, or be accompanied by, the following information or material:\n\t(a)\tthe proposed work program and information as to the approximate cost of operations to be carried out under the program in each year of the licence;\n\t(b)\ta technical report that assesses the prospectivity of the area and how the proposed work program relates to this prospectivity;\n\t(c)\tif applications have been invited by public advertisement—a statement that addresses the stated criteria.\n7—Retention licences\nAn application for a retention licence, or for the renewal of a retention licence, must also include, or be accompanied by, the following information or material:\n\t(a)\tthe proposed work program and information as to the approximate cost of operations to be carried out under the program in each year of the licence;\n\t(b)\tin the case of an application that relates to a proposed or existing petroleum retention licence, regulated substance retention licence or geothermal retention licence—all information reasonably required to enable the Minister to assess whether a regulated resource has been discovered in the licence area and the potential of the discovery to be brought to commercial production within 15 years, including an assessment of the factors and risks that may influence predicted outcomes;\n\t(c)\tin the case of an application that relates to a proposed gas storage retention licence—all information reasonably required to enable the Minister to assess whether—\n\t(i)\tthe grant of the licence is reasonable to facilitate the testing of the relevant natural reservoir for the storage of a regulated substance; or\n\t(ii)\tthe grant of the licence may proceed because the use of the relevant natural reservoir for the storage of a regulated substance is not currently commercially feasible or reasonable (including by virtue of the fact that production of a regulated substance from a related area is not currently commercially feasible);\n\t(d)\tin the case of an application that relates to an existing gas storage retention licence in circumstances where the Minister has determined that it appears the natural reservoir is more likely than not to be used in connection with the production of a regulated substance—all information reasonably required for the Minister to assess whether the natural reservoir is more likely than not to be used in connection with the production of a regulated substance within the next 15 years, including an assessment of the factors and risks that may influence predicted outcomes;\n\t(e)\ta map showing an outline of the proposed area for the purposes of the Act, the location of the relevant natural resource and, in the case of a petroleum retention licence or a regulated substance retention licence, setting out the area of the discovery in square kilometres together with a technical justification for the area that has been chosen.\n8—Production licences\nAn application for a production licence must also include, or be accompanied by, the following information or material:\n\t(a)\tin the case of an application that relates to a petroleum production licence, a regulated substance production licence or a geothermal production licence—all information reasonably required to enable the Minister to assess whether a regulated resource has been discovered in the licence area and that production is currently commercially feasible or more likely than not to become commercially feasible within the next 24 months;\n\t(b)\ta map showing an outline of the proposed area for the purposes of the Act, the location of the relevant natural resource and, in the case of a petroleum production licence or a regulated substance production licence, setting out the area of the discovery in square kilometres together with a technical justification for the area that has been chosen;\n\t(c)\tinformation on the day on which operations would commence under the licence and the anticipated monthly production, injection or utilisation of the resource under the licence for the first 12 months following the commencement of operations.\n9—Pipeline licences\nAn application for a pipeline licence, or for an authorisation to alter or modify a pipeline or pipeline licence, must also include, or be accompanied by, the following information or material:\n\t(a)\ttechnical details concerning the proposed pipeline, alteration or modification (including (if relevant) diameter, wall thickness, length, design pressure and design flow rate);\n\t(b)\tif relevant, the type and location of all tanks, plant, equipment, machinery and other infrastructure that the applicant proposes to use or install;\n\t(c)\tinformation on any public or private interest known to the applicant that would be affected by the grant of the licence or the making of the alteration or modification;\n\t(d)\tunless an existing statement of environmental objectives applies—an environmental impact report and a draft statement of environmental objectives.\n","sortOrder":1},{"sectionNumber":"Part 2A","sectionType":"part","heading":"Rental","content":"Part 2A—Rental\n9A—Amount of rent\n\t(1)\tSubject to this regulation, for the purposes of section 45A(2) of the Act, the holder of a licence to whom section 45A of the Act applies must, in respect of each year in which a natural reservoir is utilised by the person to store a regulated substance, pay to the Minister—\n\t(a)\tif the regulated substance is to be held indefinitely in a natural reservoir—an amount of rent calculated in accordance with the following:\n\nWhere—\nA is the amount of rent payable\nR is the prescribed rate\nV1, subject to any adjustment made in accordance with subregulation (3), is the volume of the natural reservoir utilised to store the regulated substance in the previous year in which rent was payable by the person\nV2 is the volume of the natural reservoir utilised to store the regulated substance in the relevant year; or\n\t(b)\tin any other case—an amount of rent calculated in accordance with the following:\n\nWhere—\nA is the amount of rent payable\nR is the prescribed rate\nV is the average maximum volume of the natural reservoir utilised to store the regulated substance in the relevant year.\n\t(2)\tFor the purposes of subregulation (1)(a) and (b), the prescribed rate is $0.25 per m3.\n\t(3)\tFor the purposes of calculating an amount of rent under subregulation (1)(a), if there has been an increase in the volume of the regulated substance stored in a natural reservoir in the relevant year, the volume referred to in V1 of the formula in that subregulation is to be adjusted for any change in the storage conditions in the natural reservoir (such as pressure or temperature) as a result of the increased volume.\n\t(4)\tFor the purposes of subregulation (1)(b), the average maximum volume is to be calculated by reference to the maximum volume of the natural reservoir utilised to store the regulated substance in each month in the relevant year.\n\t(5)\tThe Minister may, as the Minister thinks fit in a particular case and after consultation with the person who is liable to pay rental, adjust the amount of rental payable as calculated in accordance with this regulation to take into account variations in the storage conditions of the natural reservoir (such as pressure or temperature) that may affect the volume of the natural reservoir utilised for storage.\nExample—\nThe Minister may consider fixed or average storage conditions in respect of each year in which a natural reservoir is utilised by the person to store a regulated substance and make adjustments accordingly.\n\t(6)\tThe Minister may, with the agreement of the person who is liable to pay rental, vary the method of calculation set out in this regulation as the Minister thinks fit in a particular case.\n9B—Rental return—prescribed period\nFor the purposes of section 45B of the Act, the prescribed period is the period of 30 days following the end of each year in which a natural reservoir is utilised to store a regulated substance.\n","sortOrder":2},{"sectionNumber":"Part 2B","sectionType":"part","heading":"Notice of entry on land","content":"Part 2B—Notice of entry on land\n9C—Notice of entry on land\nFor the purposes of section 61 of the Act, a notice must—\n\t(a)\tstate the full name and business address of the licensee; and\n\t(b)\tprovide the name and telephone number of a person who can be contacted about the notice; and\n\t(c)\tprovide a reasonable description of the types of activities proposed to be carried out on the land; and\n\t(d)\tidentify the place or places where the activities are to be carried out and indicate the proposed duration of the activities; and\n\t(e)\tinsofar as is relevant to the particular land—provide reasonable information on the anticipated events and consequences associated with the activities, and on the action that is proposed to be taken to manage and address those events and consequences, in order to enable the occupier to make an informed decision about the impact or potential impact of the activities on the land; and\n\t(f)\tif it is proposed to commence negotiations for an easement in connection with the construction of a pipeline while activities are being carried out under a preliminary survey licence—\n\t(i)\tprovide reasonable information about the proposed construction and operation of the pipeline that may be relevant to the owner; and\n\t(ii)\tprovide reasonable information about the scheme under the Act for the compulsory acquisition of an interest in land (including with rights to compensation); and\n\t(g)\tstate whether the owner may object to the proposed entry under the Act and, if so, the fact that a notice of objection must be given to the licensee within 14 days after service of the notice of entry; and\n\t(h)\tprovide reasonable information on the rights of an owner of land to claim compensation under the Act to cover—\n\t(i)\tdeprivation or impairment of the use and enjoyment of the land; and\n\t(ii)\tdamage to the land (not including damage that will be made good by the licensee); and\n\t(iii)\tdamage to, or disturbance of, any business or other activity lawfully conducted on the land; and\n\t(iv)\tconsequential loss suffered or incurred by the owner on account of the licensee entering the land and carrying out regulated activities under the Act; and\n\t(i)\tstate that compensation under the Act is not to be related to the value or possible value of resources contained in the land and that dissatisfaction with any compensation is not a ground for objecting to any entry on to the land; and\n\t(j)\tstate that compensation under the Act may include an additional component to cover reasonable costs reasonably incurred in connection with negotiating and resolving issues associated with gaining access to the land, undertaking activities on the land, and determining appropriate levels of compensation under the Act; and\n\t(k)\tstate that any dispute over access or compensation may ultimately be resolved by application to the relevant court; and\n\t(l)\tinform the person that the activities to which the notice relates are conducted under the Act and that any concerns or issues associated with the conduct of the activities may be raised with the department; and\n\t(m)\tbe accompanied by a copy of Part 10 of the Act.\n","sortOrder":3},{"sectionNumber":"Part 3","sectionType":"part","heading":"Environment protection","content":"Part 3—Environment protection\n9D—Environmental impact assessment criteria\n\t(1)\tFor the purposes of section 96A(2) of the Act, the Minister should aim to review the environmental impact assessment criteria at least once every 5 years.\n\t(2)\tThe Minister must, in reviewing the environmental impact assessment criteria, consult with relevant government agencies and relevant persons and groups as determined by the Minister.\n10—Environmental impact report\n\t(1)\tFor the purposes of any environmental impact report required under Part 12 of the Act, a licensee must provide the following information or material:\n\t(a)\ta description of the regulated activities to be carried out under the licence (including their location);\n\t(b)\t—\n\t(i)\ta description of the specific elements of the environment that can reasonably be expected to be affected by the activities, with particular reference to the environment and existing land uses; and\n\t(ii)\tan assessment of the cultural and heritage values of Aboriginal and other Australians which could reasonably be foreseen to be affected by the activities in the area of the licence, and the public health and safety risks inherent in those activities (insofar as these matters are relevant in the particular circumstances); and\n\t(iii)\tif required by the Minister—a prudential assessment of the security of natural gas supply;\n\t(f)\tinformation on any consultation that has occurred with the owner of the relevant land, any Aboriginal groups or representatives, any agency or instrumentality of the Crown, or any other relevant stakeholders, including specific details about relevant issues that have been raised and any response to those issues, but not including confidential information.\n\t(2)\tThe Minister may require that a person provide further information or materials (verified, if the Minister so requires, in a manner determined by the Minister) to assist in assessing potential events and consequences that may arise from particular activities.\n\t(3)\tInformation and material provided under subregulation (1) or (2) must—\n\t(b)\tstate any limitations that apply, or should apply, to the use of the information and material; and\n\t(c)\tidentify any matter in relation to which there is a significant lack of relevant information or a significant degree of uncertainty; and\n\t(d)\tso far as is relevant, identify the sensitivity to change of any assumption that has been made and any significant risks that may arise if an assumption is later found to be incorrect; and\n\t(e)\tso far as is reasonably practicable, be presented in a way that allows a person assessing the information or material to understand how conclusions have been reached and allows the information or material to be used to make an informed decision on the level of environmental impact of particular activities without the need to obtain additional technical advice.\n\t(4)\tInformation or material provided under this regulation must be accompanied by a declaration signed or executed by a person (being either the licensee or applicant or a person authorised by the licensee or applicant) who has taken reasonable steps to review the information and material to ensure its accuracy.\n\t(5)\tInformation and material provided under this regulation must be kept available for public inspection in accordance with directions of the Minister.\n11—Consultation by licensee\n\t(1)\tFor the purposes of sections 97(6) and 99(3) of the Act, a licensee must comply with the requirements of this regulation in undertaking consultation on a proposed environmental impact report or a proposed statement of environmental objectives.\n\t(2)\tThe licensee must prepare a consultation plan that—\n\t(a)\tstates the day on which consultation is due to commence; and\n\t(b)\tincludes a list of—\n\t(i)\tall identified owners of the land to which the report or statement relates; and\n\t(ii)\tany affected agency or instrumentality of the Crown; and\n\t(c)\tdescribes the method of engagement to be used in consultation, including how the licensee intends to respond to relevant issues raised as a result of consultation; and\n\t(d)\tfocuses the engagement on the environmental objectives and assessment criteria necessary to be achieved to demonstrate that any potential consequences of the proposed activities will be adequately managed and controlled; and\n\t(e)\tidentifies all relevant parts in the environmental impact report or statement of environmental objectives that are to be consulted on; and\n\t(f)\tcomplies with any other requirement notified to the licensee by the Minister.\n\t(3)\tA consultation plan prepared by a licensee who proposes to undertake activities requiring low level official surveillance must be given to the Minister at least 10 days before consultation is due to commence or within such shorter period as may be allowed by the Minister in a particular case.\n\t(4)\tA consultation plan prepared by a licensee who proposes to undertake activities requiring high level official surveillance must be submitted to the Minister for approval at least 10 days before consultation is due to commence or within such shorter period as may be allowed by the Minister in a particular case.\n\t(5)\tA licensee who proposes to undertake activities requiring high level official surveillance must not undertake consultation under a consultation plan that has not been approved by the Minister.\n\t(6)\tAt the conclusion of consultation, the licensee must prepare a report on the results of consultation, setting out—\n\t(a)\tthe persons consulted; and\n\t(b)\tany issues of concern raised by persons consulted; and\n\t(c)\tthe steps (if any) taken or proposed to be taken by the licensee to address those concerns.\n12—Statement of environmental objectives\n\t(1)\tFor the purposes of sections 99(1)(a) and 100(1)(d) of the Act, a statement of environmental objectives must be prepared, and contain information, in accordance with the requirements of this regulation.\n\t(2)\tA statement of environmental objectives may relate to—\n\t(a)\tregulated activities of a licensee (or prospective licensee); or\n\t(b)\tregulated activities of a particular kind.\n\t(3)\tA statement of environmental objectives must include—\n\t(a)\tobjectives that relate to dealing with the impacts on various elements of the environment associated with carrying out the relevant regulated activity; and\n\t(b)\tcriteria to be applied to determine whether or not the stated environmental objective has been achieved in a particular case.\n\t(4)\tThe criteria under subregulation (3)(b)—\n\t(a)\tmust include the following:\n\t(i)\ta description of the objective to be measured and the manner and form of the measurement to be used;\n\t(ii)\tthe locations where the relevant measurements are to be taken, or how such locations are to be determined;\n\t(iii)\tthe frequency of any measurement or monitoring;\n\t(iv)\tany background or control data that is to be used or the manner in which such data is to be obtained;\n\t(v)\thow the achievement of a relevant objective is to be determined (with consideration being given to any inherent errors of measurement);\n\t(vi)\tif required by the Minister—provisions with respect to assessing the ongoing fitness for purpose of management systems, facilities, plant, equipment, machinery or other infrastructure to ensure—\n\t(A)\tsecurity of production or supply of natural gas; and\n\t(B)\tthe protection of public safety; and\n\t(C)\tthe protection of the environment; and\n\t(b)\tmay include provisions with respect to—\n\t(i)\tgathering information and the conduct and timing of studies; and\n\t(ii)\tthe conduct and timing of management system audits; and\n\t(c)\tmust, so far as is reasonably practicable and appropriate, be expressed in quantitative (rather than qualitative) terms.\n\t(5)\tInformation or material provided for the purpose of a statement of environmental objectives must—\n\t(b)\tstate any limitations that apply to the use of information; and\n\t(c)\tidentify any matter in relation to which there is a significant lack of information or a significant degree of uncertainty; and\n\t(d)\tso far as is relevant, identify the sensitivity to change of any assumption that has been made and any significant risks that may arise if an assumption is later found to be incorrect; and\n\t(e)\tbe in a form determined by the Minister; and\n\t(f)\tbe supported by such evidence as the Minister may require; and\n\t(g)\tcomply with any requirements determined by the Minister in relation to the amount or detail of information that must be provided.\n13—Review of statement of environmental objectives\n\t(1)\tIn accordance with section 102(1)(b) of the Act, an approved statement of environmental objectives must be reviewed by the licensee within 6 months of the end of each prescribed period.\n\t(2)\tFor the purposes of section 102(3) of the Act, a licensee must, when submitting a revised statement of environmental objectives to the Minister, provide a report in writing to the Minister that outlines any changes made to the revised statement of environmental objectives as a result of the review.\n\t(3)\tIn this regulation—\nprescribed period means—\n\t(a)\tthe period of 5 years from the day on which the relevant statement of environmental objectives is approved; or\n\t(b)\tsuch other period as may be determined by the Minister in a particular case.\n14—Consultation by Minister\n\t(1)\tFor the purposes of section 105A of the Act, the Minister must undertake public consultation required under that section in accordance with the requirements of this regulation.\n\t(2)\tThe Minister must publish a notice in such manner as the Minister thinks fit—\n\t(a)\tspecifying a place at which a copy of the relevant environmental impact report and statement (or revised statement) of environmental objectives may be obtained; and\n\t(b)\tinviting written submissions in relation to the environmental impact report or statement (or revised statement) of environmental objectives to be given within a period specified in the notice (which must be at least 30 days after publication of the notice).\n\t(3)\tThe Minister—\n\t(a)\tmust give to the licensee a copy of any submission received by the Minister under this regulation within the relevant period specified by the Minister; and\n\t(b)\tmay require the licensee to respond to any matter raised in any such submission within a period specified by the Minister.\n\t(4)\tA submission under subregulation (2)(b) or a response under subregulation (3)(b) cannot be made on the basis that the submission or response (or part of the submission or response) will be kept confidential.\n\t(5)\tThe Minister may refuse to publish submissions made under this regulation on grounds that the submissions are irrelevant, offensive, or on any other grounds that the Minister thinks fit.\n\t(6)\tThe Minister must cause copies of written submissions and responses made under this regulation to be available for inspection on the environmental register.\n\t(7)\tBefore approving a statement (or revised statement) of environmental objectives, the Minister must be satisfied that—\n\t(a)\tthe licensee has satisfactorily addressed any submissions received under this regulation; and\n\t(b)\tthe licensee has amended the environmental impact report or statement (or revised statement) of environmental objectives (as the case may be) to take into account any submissions received under this regulation.\n\t(8)\tThe Minister may, if appropriate, amend an environmental impact report as a result of consultation undertaken under this regulation.\n","sortOrder":4},{"sectionNumber":"Part 4","sectionType":"part","heading":"Operator classification and activity notification","content":"Part 4—Operator classification and activity notification\n16—Preliminary\n\t(1)\tIn this Part—\nregulatory objectives are the objectives that must be achieved under the Act, these regulations, the relevant statement of environmental objectives and the conditions of a licence;\nregulatory requirements means the requirements imposed by the Act, these regulations and the conditions of a licence.\n16A—Management system—section 73A\n\t(1)\tFor the purposes of section 73A of the Act, a management system must set out the following:\n\t(a)\tcorporate policies of the licensee that address the achievement of regulatory requirements and objectives;\n\t(b)\tresources that will be applied to effectively implement the management system;\n\t(c)\trecognised industry practices and procedures that will be applied in—\n\t(i)\tundertaking regulated activities; and\n\t(ii)\tachieving compliance with regulatory requirements;\n\t(d)\tprocesses for managing physical, operational, procedural or organisational changes in respect of regulated activities;\n\t(e)\tsystems that will manage risks allowing achievement of the regulatory objectives arising from undertaking regulated activities, including—\n\t(i)\tthe controls that will be implemented to eliminate or reduce risks associated with regulated activities; and\n\t(ii)\tthe systems that will ensure the implemented controls will be clearly defined and achieved;\n\t(f)\tpractices and procedures to ensure employees, contractors and visitors to the licence area have the appropriate competency, training (including ongoing training), induction and supervision;\n\t(g)\tmechanisms for consulting and communicating with external parties in relation to regulated activities;\n\t(h)\tsystems to identify, investigate and report incidents arising from regulated activities;\n\t(i)\tpractices and procedures to be followed in the event of an emergency relating to regulated activities;\n\t(j)\tsystems that monitor, evaluate, audit and review the effectiveness of all aspects of the management system, including the performance of controls;\n\t(k)\tany other relevant matter as determined by the Minister.\n\t(2)\tA licensee must comply with any requirements determined by the Minister in relation to the establishing and maintaining of a management system.\n17—Licensee classification—section 74\n\t(1)\tFor the purposes of section 74 of the Act, the effectiveness of a licensee's management system is relevant to determining whether a licensee can be classified as a licensee who is carrying out activities requiring low level official surveillance.\n\t(2)\tThe Minister must publish guidelines relating to the criteria that will be used in assessing the effectiveness of a licensee's management system.\n18—Activity notification—low level official surveillance\n\t(1)\tFor the purposes of section 74(3) of the Act, notice of activities requiring low level official surveillance is to be given to the Minister at least 21 days before the proposed commencement of the activities or within such shorter period as the Minister may, in a particular case, allow.\n\t(2)\tA notice under subregulation (1) must comply with the requirements of regulation 20.\n19—Activity notification—high level official surveillance\n\t(1)\tFor the purposes of section 74(3) of the Act, an application for the Minister's approval for activities requiring high level official surveillance is to be given to the Minister at least 35 days before the proposed commencement of the activities or within such shorter period as the Minister may, in a particular case, allow.\n\t(2)\tA notice under subregulation (1)—\n\t(a)\tmust include, or be accompanied by, detailed information on the licensee's proposals in respect of the effectiveness of the licensee's management system; and\n\t(b)\tmust comply with the requirements of regulation 20.\n\t(3)\tThe Minister must, in determining whether to grant an approval under section 74(3)(a) of the Act, consider the effectiveness of a licensee's management system.\n\t(4)\tThe Minister must not grant an approval under section 74(3)(a) of the Act unless or until the Minister is satisfied that the requirements of Part 12 of the Act have been complied with.\n20—Detailed activity information\n\t(1)\tA notice under regulation 18(1) or 19(1) must include, or be accompanied by, the following information or material:\n\t(a)\tthe licence number and the name of the licensee;\n\t(b)\ta description of the relevant activity;\n\t(c)\tinformation on the proposed location of the relevant activity, using GDA 2020 coordinates, and including a map of the relevant area showing the proposed location of the relevant activity and significant topographical, environmental and cultural features;\n\t(d)\tthe full name and business address of any contractor who will be involved to a significant degree in carrying out the activity;\n\t(e)\tthe proposed commencement date and the estimated duration of the activity;\n\t(f)\tthe name and address of the owner of the relevant land, a declaration concerning compliance with Part 10 of the Act and a copy of any notice provided under that Part, and (if relevant) information on any scheme or process that will be put in place for giving or providing notices or information to owners of the land as the activity progresses;\n\t(g)\tan assessment as to whether the relevant activity is covered by an existing statement of environmental objectives under Part 12 of the Act;\n\t(h)\tif the relevant activity involves a geophysical survey—\n\t(i)\tproposed geophysical techniques; and\n\t(ii)\tthe length or area of the survey (in kilometres or square kilometres); and\n\t(iii)\tin the case of a seismic survey—the energy source proposed to be used and a list of proposed line names;\n\t(i)\tif the relevant activity involves well drilling—\n\t(i)\tthe type of well to be drilled; and\n\t(ii)\tthe proposed well name; and\n\t(iii)\tthe expected depth of any well; and\n\t(iv)\ta geological prognosis; and\n\t(v)\tmaps showing significant structural horizons; and\n\t(vi)\tinformation on primary and secondary targets, and an estimate of the hydrocarbon potential of each target; and\n\t(vii)\tinformation on any relevant evaluation program, including a program for acquiring cuttings samples according to the expected geological formations; and\n\t(viii)\ta target weight for each cutting's sample to be provided to the department under these regulations;\n\t(j)\tan assessment that indicates that any facility, equipment or system that is to be used for undertaking any drilling, production or pipeline related activity is fit for purpose so as to ensure compliance with the regulatory requirements of the Act.\n\t(2)\tThe notice must include the full name, business address and telephone number of a person who can be contacted about the matters contained in the notice.\n\t(3)\tThe Minister may require that a licensee provide further information or material in order to ensure that the department has comprehensive information on the proposed activities.\n\t(4)\tIf a requirement is imposed under subregulation (3), the licensee must not commence the relevant activities until the Minister is satisfied that appropriate information has been provided.\n\t(5)\tThe Minister may, if the Minister thinks fit, publicly release information on the location and type of any activity to be carried out under a licence.\n21—Assessment to be registered\nIf the Minister determines that activities are to be classified as requiring low level official surveillance, a note relating to that determination must be included on the environmental register.\n","sortOrder":5},{"sectionNumber":"Part 6","sectionType":"part","heading":"Operational issues","content":"Part 6—Operational issues\nDivision 1—Geophysical surveys\n23—Naming conventions\n\t(1)\tA licensee who carries out a geophysical survey must assign a distinguishing name or code to the survey, and to each line that makes up the survey.\n\t(2)\tA name or code assigned under subregulation (1) must not be the same, or substantially the same, as a name or code that has already been assigned to another survey (whether current or past) undertaken in Australia.\n24—Permanent markers\n\t(1)\tThe Minister may require a licensee who carries out a geophysical survey to set in place permanent markers at survey base stations so as to provide survey location control.\n\t(2)\tA licensee must comply with a requirement under subregulation (1).\n\t(3)\tSubject to complying with subregulation (1), a licensee must ensure that permanent markers are set so that they are—\n\t(a)\tunlikely to be disturbed by normal use of the land by others; and\n\t(b)\tunlikely to interfere with the normal activities of other users of the land; and\n\t(c)\teasily accessible.\nDivision 2—Drilling\n25—Naming of wells\n\t(1)\tA licensee who drills a well must assign a distinguishing name and number to the well.\n\t(2)\tA name assigned under subregulation (1)—\n\t(a)\tmust not be the same, or substantially the same, as a name that has already been assigned to another well in Australia (whether on‑shore or off‑shore); and\n\t(b)\tmust conform with naming conventions recognised by the Minister.\n\t(3)\tA well (other than an decommissioned well) must be clearly marked in a permanent manner with its name and well number.\n26—Location surveys\nThe licensee must, as soon as practicable after the location of a well is established, but in any event not later than 6 months after the drilling rig is released (or such longer period as the Minister may allow), determine the location and elevation of the well in accordance with requirements determined by the Minister for the purposes of this regulation.\n27—Well evaluation\nA licensee who drills a well must evaluate the geology through which the well passes, and the likelihood of occurrences of a regulated resource for which the licence is held—\n\t(a)\tin accordance with good industry practice; and\n\t(b)\tin accordance with any program specified for the purposes of regulation 20 subject to the qualification that the licensee may substitute another form of wireline logs that provide an outcome that is at least equivalent to the outcome that would be provided by the wireline logs originally specified in the program under that regulation; and\n\t(c)\tif required by the Minister—in accordance with an evaluation program specified by the Minister.\n28—Deviation\nA licensee must not, without the approval of the Minister, allow a well to be drilled so as to enter an area outside the area of the licence.\nDivision 3—Pipelines and flowlines\n29—Pipelines and flowlines\nUnless otherwise approved by the Minister, the design, manufacture, construction, operation, maintenance, testing and decommissioning of pipelines and flowlines must be carried out in accordance with the relevant requirements of AS 2885 Pipelines—Gas and Liquid Petroleum as in force from time to time.\nDivision 4—Fitness for purpose assessments\n30—Fitness for purpose assessments\n\t(1)\tThis regulation prescribes the requirements envisaged by section 86A of the Act.\n\t(2)\tAn assessment under this regulation must specifically address—\n\t(a)\tthe physical condition of each facility; and\n\t(b)\tthe effectiveness of management systems for the operation and maintenance of each facility; and\n\t(ba)\tthe condition and operation of controls and the elements of the associated management system for maintaining those controls; and\n\t(c)\tthe potential for the environment to affect the safe and effective operation of each facility; and\n\t(d)\tthe potential for serious incidents to occur at each facility, including the potential for hazardous materials or substances stored at or near the facility to affect the safe or effective operation of the facility; and\n\t(e)\tthe adequacy and reliability of the utilities required in order to enable the effective operation of each facility (so far as this may be relevant).\n\t(3)\tFor the purposes of section 86A(2) of the Act, the following intervals are prescribed:\n\t(a)\tthe first assessment must be carried out within—\n\t(i)\tin the case of a report that relates to a production facility or pipeline—within 5 years after commissioning; or\n\t(ii)\tin any other case—within 5 years after the completion of a statement of environmental objectives under the Act, or an environmental impact statement under the Planning, Development and Infrastructure Act 2016 (as the case may be);\n\t(b)\teach subsequent assessment must be carried out within 5 years after the completion of the previous assessment (or such longer time as may be determined by the Minister).\n\t(4)\tFor the purposes of section 86A(4) of the Act, a report must be furnished to the Minister within 2 months after the completion of the assessment.\n\t(5)\tA report must include, in relation to each facility to which the report relates—\n\t(a)\ta name and description of the facility; and\n\t(b)\tthe date on which the assessment occurred, or was completed (as the case may be); and\n\t(c)\ta summary of the assessment of the risks associated with the operation of the facility; and\n\t(d)\ta statement of the state of the current, and expected (over an ensuing 5 year period), fitness for purpose of the facility, setting out the grounds on which the statement is made and including—\n\t(i)\tan assessment of the physical condition of the facility; and\n\t(ii)\tan assessment of the effectiveness of management systems for the operation and management of the facility; and\n\t(iii)\tinformation on any other factor that may adversely affect or compromise the fitness for purpose of the facility; and\n\t(e)\tany other information requested by the Minister,\nand a report may include other information thought to be relevant by the licensee.\n\t(6)\tA licensee may, with the approval of the Minister, group various facilities for the purposes of an assessment or report under this subregulation.\n\t(7)\tInformation provided in a report must—\n\t(b)\tstate any limitations that apply, or should apply, to the use of the information; and\n\t(c)\tidentify any matter in relation to which there is a significant lack of relevant information or a significant degree of uncertainty; and\n\t(d)\tso far as is relevant, identify the sensitivity to change of any assumption that has been made and any significant risks that may arise if an assumption is later found to be incorrect; and\n\t(e)\tso far as is reasonably practicable, be presented in a way that allows a person assessing the information to understand how conclusions have been reached.\n\t(8)\tA report under this regulation—\n\t(a)\tmust be provided by the licensee or a person specifically authorised to provide the report for the purposes of this regulation; and\n\t(b)\tmust contain a declaration signed or executed by the person providing the report that he or she has taken reasonable steps to review the report in order to ensure the accuracy of the information contained in the report.\n\t(9)\tA licensee must promptly carry out any remedial action that is necessary or appropriate in view of a report under this regulation (and, in particular, must ensure that any identified risks are eliminated or reduced so far as is reasonably practicable).\n\t(10)\tSubject to subregulation (11), a copy of a report provided under this regulation may be made available to members of the public with the approval of the Minister (and the Minister must consult with the relevant licensee before giving an approval under this subregulation).\n\t(11)\tThe Minister may, before giving an approval under subregulation (10), take steps to ensure that commercially sensitive information is not publicly disclosed (and the licensee must, if the Minister so requests, provide to the Minister for publication, a further copy of the report that does not contain any commercially sensitive information).\n\t(12)\tAn appropriate note relating to the availability of a report under subregulation (10) must be included on the environmental register.\n","sortOrder":6},{"sectionNumber":"Div 5","sectionType":"division","heading":"Emergency response procedures","content":"Division 5—Emergency response procedures\n31—Emergency response procedures\n\t(1)\tA licensee must maintain procedures (emergency response procedures) to be followed in the event of an emergency at a facility operated on land within the area of the licence.\n\t(2)\tEmergency response procedures under subregulation (1) must include—\n\t(a)\tmeasures to minimise the impact of an emergency situation on—\n\t(i)\tthe environment; and\n\t(ii)\tpublic health and safety; and\n\t(iii)\tthe security of production or supply of natural gas (so far as this may be relevant); and\n\t(b)\tmeasures that will be taken to liaise with relevant authorities and stakeholders (including emergency services) if appropriate,\nand may include other steps to be taken in the event of an emergency.\n\t(3)\tA licensee must, at intervals not exceeding 2 years, conduct a practice drill of the emergency response procedures for all facilities operated on land within the area of the licence.\n\t(4)\tA licensee may group various facilities for the purposes of a drill under subregulation (3).\n\t(5)\tThe licensee must prepare a report on the drill in a manner and form determined by the Minister and furnish a copy of the report to the Minister within 2 months after the drill.\n\t(6)\tA report under subregulation (5) must include—\n\t(a)\tan assessment of the adequacy of the emergency response procedures; and\n\t(b)\tan assessment of the competency of personnel to execute procedures; and\n\t(c)\tinformation on any deficiencies in any systems, or operating or maintenance procedures, identified by the drill; and\n\t(d)\tdetails of any remedial action taken, or proposed to be taken, to correct any deficiencies.\n\t(7)\tInformation provided in a report under subregulation (5) must—\n\t(b)\tso far as is relevant, identify the sensitivity to change of any assumption that has been made and any significant risks that may arise if an assumption is later found to be incorrect; and\n\t(c)\tso far as is reasonably practicable, be presented in a way that allows a person assessing the information to understand how conclusions have been reached.\n\t(8)\tA report under this regulation—\n\t(a)\tmust be provided by the licensee or a person specifically authorised to provide the report for the purposes of this regulation; and\n\t(b)\tmust contain a declaration signed or executed by the person providing the report that he or she has taken reasonable steps to review the report in order to ensure the accuracy of the information contained in the report.\n\t(9)\tA licensee must promptly carry out any remedial action that is necessary or appropriate in view of the outcomes of a drill under this regulation.\n\t(10)\tSubject to subregulation (11), a copy of a report under subregulation (5) may be made available to members of the public with the approval of the Minister (and the Minister must consult with the relevant licensee before giving an approval under this regulation).\n\t(11)\tThe Minister may, before giving an approval under subregulation (10), take steps to ensure that commercially sensitive information is not publicly disclosed (and the licensee must, if the Minister so requests, provide to the Minister for publication, a further copy of the report that does not contain any commercially sensitive information).\n\t(12)\tAn appropriate note relating to the availability of a report under subregulation (10) must be included on the environmental register.\n","sortOrder":7},{"sectionNumber":"Part 7","sectionType":"part","heading":"Reports and information","content":"Part 7—Reports and information\n","sortOrder":8},{"sectionNumber":"Div 1","sectionType":"division","heading":"Incident reports","content":"Division 1—Incident reports\n32—Incident reports\n\t(1)\tFor the purposes of section 85 of the Act, the following are classified as reportable incidents:\n\t(a)\tan escape of a regulated substance, a processed substance, a chemical or a fuel that affects an area that has not been specifically designed to contain such an escape;\n\t(b)\tan incident identified as a reportable incident under the relevant statement of environmental objectives.\n\t(2)\tAn immediately reportable incident must be reported to the Minister—\n\t(a)\tinitially—\n\t(i)\tby telephone (using a number determined by the Minister for the purposes of this regulation); or\n\t(ii)\tby email (using an email address determined by the Minister for the purposes of this regulation); and\n\t(b)\tby providing a written report on the incident within 3 months after the occurrence of the incident.\n\t(3)\tThe initial report of an immediately reportable incident must include the following information:\n\t(a)\tthe name and business address of the licensee;\n\t(b)\tthe name and telephone number of a person who can be contacted about the matter;\n\t(c)\tthe time and date of the occurrence of the incident;\n\t(d)\tthe place where the incident occurred (using GDA 2020 coordinates or distances from significant topographical features);\n\t(e)\tin a case involving a spillage—the approximate quantity of the spillage;\n\t(f)\tthe approximate size of any area affected by the incident (if relevant);\n\t(g)\tthe nature and extent of any injury to a person and, if death has occurred, the cause and place of death;\n\t(h)\tthe steps that have been taken to control, minimise or address any damage to any area affected by the incident.\n\t(4)\tA comprehensive report of an immediately reportable incident must be made in a manner and form determined by the Minister and include the following information:\n\t(a)\tthe results of any assessment or investigation of the conditions or circumstances that caused or contributed to the occurrence of the incident, including an assessment of the effectiveness of the design, procedures and management systems that were in place to prevent the incident occurring;\n\t(b)\tthe nature and extent of any damage to the environment that occurred as a result of the incident;\n\t(c)\tthe steps that have been taken, or are proposed to be taken, to clean up and rehabilitate any area affected by the incident;\n\t(d)\tthe steps that have been taken, or are proposed to be taken, to prevent a recurrence of the incident.\n\t(5)\tReportable incidents are to be reported on a quarterly basis within 1 month after the end of each quarter.\n\t(6)\tA report on reportable incidents must be made in a manner and form determined by the Minister and include the following information in relation to each incident to which the report relates:\n\t(a)\tthe time and date of the occurrence of the incident and the time and date of detection;\n\t(b)\tthe place where the incident occurred (using appropriate co‑ordinates or distances from significant topographical features);\n\t(c)\tin the case of a spillage—the approximate quantity of the spillage;\n\t(d)\tthe approximate size of any area affected by the incident (if relevant);\n\t(e)\tthe cause of the incident, including an assessment of the effectiveness of the design, procedures and management systems that were in place to prevent the incident occurring;\n\t(f)\tthe steps that have been taken, or are proposed to be taken, to clean up and rehabilitate any area affected by the incident;\n\t(g)\tthe steps that have been taken, or are proposed to be taken, to prevent a recurrence of the incident.\n\t(7)\tA report under subregulation (4) or (6) must be signed by a person (being either the licensee or a person authorised by the licensee) who has taken reasonable steps to review the report to ensure the accuracy of the information contained in the report.\n\t(8)\tSubject to subregulation (9), a copy of the report under subregulation (4) or (6) may be made available to members of the public with the approval of the Minister (and the Minister must consult with the relevant licensee before giving an approval under this regulation).\n\t(9)\tThe Minister may, before giving an approval under subregulation (8), take steps to ensure that commercially sensitive information is not publicly disclosed.\n\t(10)\tAn appropriate note relating to the availability of a report under subregulation (8) must be included in the environmental register.\n","sortOrder":9},{"sectionNumber":"Div 2","sectionType":"division","heading":"Performance and technical reports","content":"Division 2—Performance and technical reports\n33—Annual licence reports\n\t(1)\tA licensee must, within 2 months after the end of each licence year, furnish to the Minister a report for the relevant licence year (an annual licence report).\n\t(2)\tAn annual licence report must be provided in a manner and form determined by the Minister.\n\t(3)\tAn annual licence report must include—\n\t(a)\ta summary of the regulated activities conducted under the licence during the year; and\n\t(b)\ta report for the year on compliance with the Act, these regulations, the licence and any relevant statement of environmental objectives; and\n\t(ba)\tthe methods implemented during the relevant licence year to ensure compliance with the Act, these regulations, the licence and any relevant statement of environmental objectives; and\n\t(c)\ta statement concerning any action to rectify non‑compliance with obligations imposed by the Act, these regulations, the licence or any relevant statement of environmental objectives, and to minimise the likelihood of the recurrence of any such non‑compliance; and\n\t(d)\ta summary of any system audits undertaken during the relevant licence year, including information on any failure or deficiency identified by the audit and any corrective action that has, or will be, taken; and\n\t(da)\ta summary of the work undertaken to monitor the effectiveness of the management system during the relevant licence year, including details of auditing, monitoring and review of the effectiveness of controls necessary for compliance with a statement of environmental objectives; and\n\t(db)\ta summary of any failures or deficiencies identified during work undertaken under paragraph (da) during the relevant licence year, and any corrective actions that have, or will, be taken; and\n\t(dc)\ta report on any reasonably foreseeable threats to the environment during the relevant licence year, including details of any corrective action that has, or will be taken to address the threats; and\n\t(de)\ta report on any reasonable concerns reported to the licensee by members of the public during the relevant licence year relating to the carrying out of regulated activities by the licensee, including details of any action that has been, or will be, taken to address these concerns; and\n\t(e)\ta list of—\n\t(i)\tunless subparagraph (ii) applies—all reports and data relevant to the operation of the Act generated by the licensee during the relevant licensing year; or\n\t(ii)\twith the approval of the Minister—the technical reports required to be provided to the Minister under regulation 47 during the relevant licensing year; and\n\t(f)\tin relation to any incidents reported to the Minister under the Act and these regulations during the relevant licensing year—\n\t(i)\tan overall assessment and analysis of the incidents, including the identification and analysis of any trends that have emerged; and\n\t(ii)\tan overall assessment of the effectiveness of any action taken to rectify non‑compliance with obligations imposed by the Act, these regulations or the licence, or to minimise the risk of recurrence of any such non‑compliance; and\n\t(g)\ta report on any reasonably foreseeable threats (other than threats previously reported on) that reasonably present, or may present, a hazard to facilities or activities under the licence, and a report on any corrective action that has, or will be, taken; and\n\t(h)\tunless the relevant licence year is the last year in which the licence is to remain in force—a statement outlining operations proposed for the ensuing year; and\n\t(i)\tin the case of a petroleum production licence, a regulated substance production licence or a gas storage production licence—an estimate of the volume of the regulated substance likely to be produced, wasted, stored or sold under the licence during the ensuing year, or such longer period as the Minister may require; and\n\t(j)\tin the case of a production licence—an assessment of the development activities proposed to be undertaken under the licence, including the number of completions that are expected to occur, during the ensuing year, or such longer period as the Minister may require; and\n\t(k)\tin the case of a pipeline licence—the volume of any regulated substance transported through the pipeline during the relevant licence year.\n\t(4)\tAn annual licence report must be accompanied by a statement of expenditure on regulated activities conducted under the licence for the relevant licence year.\n\t(5)\tAn annual licence report for an associated activities licence may be included as part of the annual licence report for the primary licence.\n\t(6)\tWithout limiting subregulation (5), a licensee may, with the approval of the Minister, amalgamate the annual licence reports with respect to 2 or more licences.\n\t(7)\tIf a licence is surrendered or cancelled, the person who held the licence immediately before the surrender or cancellation must, within 2 months after the surrender or cancellation, furnish a final annual licence report under this regulation for the period starting at the end of the last full licence year.\n\t(7a)\tIf a part of a licence area is surrendered, the annual licence report required under subregulation (7)—\n\t(a)\tunless otherwise determined by the Minister—must describe the part of the licence that has been surrendered; and\n\t(b)\tneed only provide information in relation to those parts of the licence area that have been surrendered; and\n\t(c)\tmust, in addition to the matters required to be included under subregulation (3), provide a prospectivity review of the part of the licence that has been surrendered.\n\t(8)\tA copy of an annual licence report provided to the Minister under this regulation must be kept available for public inspection in a manner determined by the Minister.\n\t(9)\tHowever, a member of the public is not entitled to inspect a statement of expenditure provided under subregulation (4).\n34—Geophysical progress reports\n\t(1)\tA licensee who is conducting geophysical activities, or activities involving the reprocessing of geophysical data, must furnish to the Minister, on a periodic basis determined by the Minister after consultation with the licensee, a report (a geophysical progress report) which includes—\n\t(a)\ta list of activities conducted on each day during the reporting period including, if applicable, the lines prepared, the data recorded, and the rehabilitation undertaken; and\n\t(b)\ta cumulative tally of activities from the start of the relevant survey, including, for three‑dimensional seismic surveys, the total number of source line kilometres and the total number of recorded square kilometres; and\n\t(c)\tthe location of any campsites used during the reporting period; and\n\t(d)\tthe status of any processing or reprocessing of geophysical data; and\n\t(e)\ta specific report on any reportable incident under section 85 of the Act that has occurred during the reporting period.\n\t(2)\tA copy of a report under this regulation will not be available for public inspection.\n35—Geophysical operations reports\n\t(1)\tA licensee who—\n\t(a)\trecords any geophysical field data (other than wireline data in a well); or\n\t(b)\treprocesses any geophysical field data (other than wireline data from a well),\nmust furnish to the Minister—\n\t(c)\tin a case where paragraph (a) applies—within 12 months after the completion of the recording of the data;\n\t(d)\tin a case where paragraph (b) applies—within 12 months after the completion of the reprocessing of the data,\na geophysical operations report in accordance with the requirements of these regulations.\n\t(2)\tA geophysical operations report must include—\n\t(a)\tthe name of the survey during which the data was obtained; and\n\t(b)\tin a case where subregulation (1)(a) applies—information on the following:\n\t(i)\tthe location of the survey, including the licence area in which the survey was conducted;\n\t(ii)\tsignificant dates relating to survey activities, including recording, starting and finishing dates and processing completion dates;\n\t(iii)\tthe operations carried out in acquiring the data, including a description of the equipment used for positioning, surveying, navigation or other purposes, and a description of the geophysical techniques and equipment used;\n\t(c)\ta description of the processing or reprocessing carried out on the data, and the products of those processes;\n\t(d)\tinformation on the geodetic and geophysical datum employed;\n\t(e)\tinformation on any stations, lines or areas recorded under the survey;\n\t(f)\ta recording parameter summary;\n\t(g)\tinformation on the location of survey control points and permanent markers;\n\t(h)\tif relevant—information on uphole locations;\n\t(i)\ta list of tapes and cartridges that have been generated including (where appropriate)—\n\t(i)\trecorded field data, including line and station range details; and\n\t(ii)\tprocessed data, including details on the lines, station range, Common Depth Point range and forms of processing.\n\t(3)\tA copy of a report under this regulation will be available for public inspection—\n\t(a)\tin the case of a report involving speculative survey data—after the expiry of the period (not being more than 15 years) specified in the speculative survey licence; or\n\t(i)\tafter the expiration of 2 years from the date of substantial completion of the recording of the data; or\n\t(ii)\tif the data has been reprocessed but does not include newly recorded data that requires processing for the first time—after the expiration of 2 years from the date of substantial completion of the reprocessing of the data; or\n\t(iii)\tif the data has been reprocessed and includes newly recorded data—after the expiration of 2 years from the date of substantial completion of the recording of the newly recorded data.\n36—Geophysical interpretation reports\n\t(1)\tA licensee who—\n\t(a)\trecords any geophysical data (other than wireline data in a well); or\n\t(b)\treprocesses any geophysical field data (other than wireline data from a well),\nmust furnish to the Minister, within 12 months after the completion of the processing or reprocessing of the data (as the case may be), a geophysical interpretation report in accordance with the requirements of these regulations.\n\t(2)\tA geophysical interpretation report must provide a representative evaluation of the data according to good industry practice and in any event information on the following:\n\t(a)\tthe interpretation of horizons;\n\t(b)\tstructural mapping;\n\t(c)\tany leads or prospects arising from the data.\n\t(3)\tThe report must identify the interpretation methods and techniques used in the interpretation of the data.\n\t(4)\tThe report must include maps and show other identifying features to a reasonable scale, detail and extent.\n\t(5)\tA copy of a report under this regulation will be available for public inspection—\n\t(a)\tin the case of a report involving speculative survey data—after the expiry of the period (not being more than 15 years) specified in the speculative survey licence; or\n\t(i)\tif the licence is surrendered or cancelled—after the surrender or cancellation of the licence; or\n\t(ii)\tif the licence expires—after the expiry of the licence.\n37—Geophysical data\n\t(1)\tA licensee must, at the time the licensee provides a geophysical operations report to the Minister, also provide to the Minister the following geophysical data:\n\t(a)\tin relation to seismic data—\n\t(i)\trecorded field data; and\n\t(ii)\tobservers logs; and\n\t(iii)\tstation locations, including elevation and bathymetry data; and\n\t(iv)\tfield statics data; and\n\t(v)\tprocessed two‑dimensional seismic reflection sections; and\n\t(vi)\tprocessed three‑dimensional data volumes and velocities; and\n\t(vii)\tprocessed three‑dimensional time slices (if they have been produced);\n\t(b)\tin relation to aeromagnetic or other airborne data—\n\t(i)\tlocation data, including flight location data and flight logs; and\n\t(ii)\traw and edited field data; and\n\t(iii)\tquality control plots or calibrations; and\n\t(iv)\tprocessed data; and\n\t(v)\tprocessed files;\n\t(c)\tany other data relevant to field acquisition in the possession of the licensee or required by the Minister.\n\t(2)\tIf data has been reprocessed, the following must also be provided to the Minister:\n\t(a)\ta transcribed copy of the field data;\n\t(b)\tthe field tape transcription log;\n\t(c)\ta tape and file listing of the field data that has been copied and reprocessed.\n\t(3)\tUnless otherwise determined by the Minister, all location data must use GDA 2020 coordinates.\n\t(4)\tData provided under this regulation will be available for public inspection—\n\t(a)\tin the case of a report involving speculative survey data (whether or not including reprocessed data)—after the expiry of the period (not being more than 15 years) specified in the speculative survey licence; or\n\t(i)\tafter the expiration of 2 years from the date of substantial completion of the recording of the data; or\n\t(ii)\tif the data has been reprocessed but does not include newly recorded data that requires processing for the first time—after the expiration of 2 years from the date of substantial completion of the reprocessing of the data; or\n\t(iii)\tif the data has been reprocessed and includes newly recorded data—after the expiration of 2 years from the date of substantial completion of the recording of the newly recorded data.\n38—Daily drilling reports\n\t(1)\tA licensee who undertakes any drilling on any day must furnish to the Minister a daily drilling report in accordance with the requirements of these regulations.\n\t(2)\tA daily drilling report—\n\t(a)\tmust relate to a period not exceeding 24 hours, calculated from the end of the period reported on in the immediately preceding daily drilling report (unless the report is the first report for the well); and\n\t(b)\tmust be provided to the Minister—\n\t(i)\tunless subparagraph (ii) applies—within 12 hours after the end of the period to which it relates;\n\t(ii)\tif the end of the period of 12 hours under subparagraph (i) would fall on a Saturday, Sunday or public holiday—by 10 am on the first business day following the end of that 12 hour period.\n\t(3)\tA daily drilling report must include the following:\n\t(b)\ta report number or the number of days from spud;\n\t(c)\tthe time and date of well spud and rig release;\n\t(d)\tthe depth of the well at the end of the reporting period (in metres);\n\t(e)\tinformation on operations carried out during the reporting period;\n\t(f)\tthe mudlog for the reporting period;\n\t(g)\tresource show descriptions;\n\t(h)\ta description of the formations, and the depth of any geological formation tops, encountered during the reporting period;\n\t(i)\twell logs acquired during the reporting period;\n\t(j)\tthe drill stem test intervals and results, including recoveries and the API gravity of any liquid hydrocarbons recovered during the reporting period, and the resistivity of any water recovered during the reporting period;\n\t(k)\tresults of cement calculation;\n\t(l)\tresults of formation integrity tests (including leak off tests).\n\t(4)\tA copy of a report under this regulation will be available for public inspection when the relevant well completion report is made available for such inspection.\n\t(5)\tHowever, the location, spud date, rig release date, total depth, datum heights and status of a well may be made available to the public at any time.\n39—Wireline logs\n\t(1)\tA licensee who acquires any open hole or cased hole logs must furnish copies of the logs to the Minister within 2 months of acquisition.\n\t(2)\tHowever—\n\t(a)\tif a log is acquired at more than one scale, the larger scale log need only be submitted; and\n\t(b)\tdrill stem test correlations and sidewall core records need not be furnished to the Minister; and\n\t(c)\ta log that is primarily a record of the completion of an operation need not be furnished to the Minister.\n\t(3)\tAll depth references for the purposes of any logs provided under this regulation must be in metres (unless otherwise approved by the Minister).\n\t(4)\tThe data contained in logs furnished under this regulation will be available for public inspection—\n\t(a)\tafter the expiration of 2 years from the date of rig release; or\n\t(b)\tif acquired after rig release—after the expiration of 2 years from the date of acquisition.\n40—Well completion reports\n\t(1)\tA licensee who undertakes any drilling must furnish to the Minister, within 6 months after rig release, a well completion report in accordance with the requirements of these regulations.\n\t(2)\tA well completion report must include the following:\n\t(b)\ta summary page or pages, located at the beginning of the report, which set out in a concise form basic information relating to the well found in the report;\n\t(c)\ta diagram that shows the following:\n\t(i)\tthe latitude and longitude of the well in GDA 2020 coordinates, computed within accuracy levels approved by the Minister;\n\t(ii)\tthe direction of true north;\n\t(iii)\tany other well and all roads, access tracks, public utilities or substantial buildings or other structures within 300 metres of the site of the well, and any significant topographical, environmental or cultural features;\n\t(iv)\twhere applicable, the boundaries and legal description of the section of land within which the well is situated;\n\t(d)\tthe name of any drilling contractor;\n\t(e)\tthe spud date, the date of rig release, and the total depth drilled (to drillers and loggers depths, in metres);\n\t(f)\ta summary of the lithologies encountered during the drilling, and a summary of the geological formations taken to have been encountered during drilling;\n\t(g)\ta composite log, formulated to a scale comparable with the wireline logs used in connection with the drilling, that includes the following:\n\t(i)\tthe bit record;\n\t(ii)\tthe penetration rate;\n\t(iii)\tthe casing record;\n\t(iv)\ta lithological summary;\n\t(v)\tgeological formation tops;\n\t(vi)\trepresentative open hole and cased hole logs;\n\t(vii)\tsidewall core points;\n\t(viii)\tpalaeontological analysis results;\n\t(ix)\thydrocarbon shows;\n\t(x)\tthe drill stem test intervals and results;\n\t(xi)\tcore intervals and recoveries;\n\t(xii)\tthe log analysis result;\n\t(xiii)\tthe final surveyed well location and elevation information (including the coordinate reference system used);\n\t(h)\tcore and sidewall sample descriptions, and an analysis of these;\n\t(i)\trelevant petrographic descriptions;\n\t(j)\tthe palaeontological analysis results and interpretation;\n\t(k)\tthe formation test reports, charts and interpretation;\n\t(l)\tlog interpretations;\n\t(m)\tdetails of hole sizes, casings and cementing that has been undertaken;\n\t(n)\tdetails of well completion or abandonment;\n\t(o)\ta velocity survey;\n\t(p)\tfor exploration and appraisal wells—an interpreted post drill structure map of the primary objective and an interpreted seismic section;\n\t(q)\ta location survey;\n\t(r)\tif the well was drilled from a multi‑well pad—a diagram identifying which well was drilled from which slot on the pad.\n\t(3)\tFor the purposes of subregulation (2), all depth references for a well must be in metres.\n\t(4)\tA copy of a report under this regulation will be available for public inspection after the expiration of 2 years from the date of rig release.\n41—Quarterly cased‑hole well activity report\n\t(1)\tA licensee who undertakes any activity on a cased‑hole well in any quarter must furnish to the Minister, within 30 days after the end of the quarter, a quarterly cased‑hole well activity report in accordance with the requirements of these regulations.\n\t(2)\tA quarterly cased‑hole well activity report must include the following:\n\t(b)\tthe dates on which any activity occurred;\n\t(c)\tinformation (in a form determined by the Minister) on all pressure tests, recompletions, perforations, fluid sampling and cased hole logging activities conducted during the quarter.\n\t(3)\tA copy of a report under this regulation will not be available for public inspection.\n42—Well test analysis reports\n\t(1)\tA licensee who undertakes a well test for the purpose of determining reservoir pressure, or reservoir characteristics or flow characteristics within the vicinity of the well bore, must furnish to the Minister, within 6 months after the well test is completed, a well test analysis report in accordance with the requirements of these regulations.\n\t(2)\tA well test analysis report must include the following:\n\t(b)\tinformation on the type of test that was carried out;\n\t(c)\tthe date of the test;\n\t(d)\tthe interval tested;\n\t(e)\tthe quantity of any regulated substance produced;\n\t(f)\ta description of the analysis or interpretation that has been undertaken;\n\t(g)\tthe results of the test (including all interpreted results);\n\t(h)\tany raw data obtained from the test.\n\t(3)\tA copy of a report under this regulation will be available for public inspection after the expiration of 2 years from the date on which the relevant test was carried out.\n43—Reservoir fluid analysis reports\n\t(1)\tA licensee who samples reservoir fluid (including water) must furnish to the Minister, within 6 months after the date of sampling, a reservoir fluid analysis report in accordance with the requirements of these regulations.\n\t(2)\tA reservoir fluid analysis report must include the following:\n\t(b)\tthe date on which the reservoir fluid was sampled;\n\t(c)\tthe interval from which the sample was obtained;\n\t(d)\ta description of any analysis or test that has been performed on the sample;\n\t(e)\tthe results of any analysis or test;\n\t(f)\tthe name of the laboratory or other place at which any analysis or test was undertaken.\n\t(3)\tA copy of a report under this regulation will be available for public inspection after the expiration of 2 years from the date on which the sampling was carried out.\n44—Downhole diagrams\n\t(1)\tA licensee who installs or alters downhole equipment must furnish to the Minister, within 2 months after the installation or alteration, a downhole diagram in accordance with the requirements of these regulations.\n\t(2)\tA downhole diagram must—\n\t(a)\tinclude details on the equipment that has been installed, or information on the alterations; and\n\t(b)\tshow the perforated intervals; and\n\t(c)\tstate the date on which the particular equipment became operable, or on which the alteration occurred; and\n\t(d)\tstate the status of the well; and\n\t(e)\tinclude details of any reservoir stimulation treatments that have been undertaken.\n\t(3)\tA copy of the diagram under this regulation will be available for public inspection after the expiration of 6 months from the date of the installation or alteration of the equipment (as the case may be).\n45—Production reports\n\t(1)\tA licensee who produces a regulated substance or geothermal energy in any month must furnish to the Minister, within 2 months after the end of the month, a production report in accordance with the requirements of these regulations.\n\t(2)\tA production report in respect of a regulated substance must include the following:\n\t(b)\tin relation to each producing completion—\n\t(i)\tidentifying information as to completion interval; and\n\t(ii)\tthe number of days on which the producing completion was on line during the month; and\n\t(iii)\tthe quantity of regulated substance produced or injected during the month; and\n\t(iv)\tthe quantity of water (if any) produced during the month.\n\t(2a)\tA production report in respect of geothermal energy must include the following:\n\t(a)\tthe volume, flow rates, production temperature and pressure and geochemistry of the geofluid that is produced;\n\t(b)\tthe volume, flow rates, reinjection temperature and pressure and geochemistry of the geofluid that is reinjected into the reservoir once heat energy has been used for commercial purposes;\n\t(c)\tany other information specified by the Minister.\n\t(3)\tA copy of a report under this regulation will be available for public inspection after the expiration of 6 months after the month to which it relates.\n46—Facility construction reports\n\t(1)\tThe Minister may require that a report (a facilities construction report) be provided to the Minister, at regular intervals determined by the Minister, on the progress of the construction of any facility (and the person to whom that requirement is directed must comply with the requirement).\n\t(2)\tA facilities construction report must include the following:\n\t(a)\tthe name of the facility, or other information that identifies the facility;\n\t(b)\tthe effective date of the report;\n\t(c)\tthe progress that has been achieved since the effective date of the last report;\n\t(d)\tthe current construction timetable.\n\t(3)\tA licensee who has completed the construction of a facility must furnish to the Minister, within 2 months after completion of the construction, a report on the facility containing information determined by the Minister.\n\t(4)\tA licensee who alters or modifies a pipeline must furnish to the Minister, within 2 months after completion of the work, drawings which show the pipeline as altered or modified.\n46A—Facility rehabilitation or decommissioning reports\n\t(1)\tA licensee who undertakes rehabilitation of a facility must provide to the Minister, within 6 months after the rehabilitation is completed, a facility rehabilitation report in accordance with the requirements of this regulation.\n\t(2)\tA facility rehabilitation report must include the following information:\n\t(a)\tthe name of the facility or other information that identifies the facility;\n\t(b)\tthe dates during which the rehabilitation activity occurred;\n\t(c)\tdetails of the rehabilitation activity undertaken.\n\t(3)\tA licensee who decommissions a facility must provide to the Minister, within 6 months after the decommissioning is completed, a facility decommissioning report in accordance with the requirements of this regulation.\n\t(4)\tA facility decommissioning report must include the following information:\n\t(a)\tthe name of the facility or other information that identifies the facility;\n\t(b)\tthe dates during which the decommissioning occurred;\n\t(c)\tdetails of the decommissioning undertaken.\n\t(5)\tA copy of a report under this regulation will not be available for public inspection.\n46B—Hydraulic fracturing report\n\t(1)\tA licensee who undertakes hydraulic fracturing for the purposes of producing a regulated substance from a well bore must provide to the Minister, within 6 months after the hydraulic fracturing is completed, a hydraulic fracturing report in accordance with the requirements of this regulation.\n\t(2)\tA hydraulic fracturing report must include the following:\n\t(a)\tthe well name, well number and hydraulic fracturing stage number;\n\t(b)\tinformation on the type of hydraulic fracturing that was carried out;\n\t(c)\tthe dates during which the hydraulic fracturing was carried out;\n\t(d)\tthe depth of the interval fractured;\n\t(e)\tthe volume of fluid and proppant injected;\n\t(f)\tthe rate of injection and the pumping schedule;\n\t(g)\tthe pressures measured at the surface hole and the bottom hole;\n\t(h)\tthe results of any diagnostic fracture injection tests that have been undertaken;\n\t(i)\ta description of any analysis or interpretation of the data collected during hydraulic fracturing.\n\t(3)\tA copy of a report under this regulation will be available for public inspection after the expiration of 2 years from the date on which the hydraulic fracturing was first carried out.\n46C—Reserve estimate report\n\t(1)\tA licensee must provide to the Minister in each year a report of the reserve estimate in respect of each field (a reserve estimate report) in accordance with the requirements of this regulation.\n\t(2)\tA reserve estimate report must be provided to the Minister—\n\t(a)\tin a manner and form determined by the Minister; and\n\t(b)\twithin 2 months after the reserve estimate has been calculated.\n\t(3)\tA copy of a report under this regulation will not be available for public inspection.\n47—Other technical reports\n\t(1)\tA licensee who prepares or commissions any other technical report in connection with an activity conducted under the licence must furnish a copy of the report to the Minister within 2 months after the report is in a reasonable state of completion or received by the licensee (as the case may be).\n\t(2)\tInformation contained in a report provided under this regulation will be available for public inspection—\n\t(a)\tin the case of analytical laboratory data, field survey data or general technical data (in any form)—after the expiration of the prescribed period;\n\t(b)\tin any other case—on the expiration of the relevant licence.\n\t(3)\tIn subregulation (2)—\nprescribed period means—\n\t(a)\tin the case of analytical data or general technical data—the period of 2 years from the time at which the report is first received from the licensee (including in a case where the report is first received without being fully completed);\n\t(b)\tin any other case—the period of 2 years from the date on which the report is provided to the Minister.\n","sortOrder":10},{"sectionNumber":"Div 3","sectionType":"division","heading":"Samples and analysis of cores and cutting","content":"Division 3—Samples and analysis of cores and cutting\n48—Well samples\n\t(1)\tSubject to this regulation, a licensee must provide all cuttings and core obtained from a well to the Core Library within 6 months after rig release.\n\t(2)\tEach cutting sample must—\n\t(a)\tbe washed and dry; and\n\t(b)\tbe contained in a container suitable for long term storage, as determined by the Minister; and\n\t(c)\tbe clearly and permanently marked with the well name and number and the depth interval represented by the cutting (in metres).\n\t(3)\tA licensee may, with the approval of the Minister, retain a ⅔ proportion of a core (split length wise) for analysis.\n\t(4)\tCuttings and core provided under this regulation must be accompanied by a form approved by the Minister that includes—\n\t(a)\tthe name and number of the relevant well; and\n\t(b)\tthe depth ranges from which the samples were obtained; and\n\t(c)\tthe cuttings sample interval for each depth range; and\n\t(d)\ta statement identifying any variation from an evaluation program previously proposed under these regulations; and\n\t(e)\ta statement as to whether the core is complete and, if it is not complete—\n\t(i)\ta list of the intervals that are not complete; and\n\t(ii)\ta statement as to why the core is not complete.\n\t(5)\tCuttings and core provided under this regulation will be available—\n\t(a)\tto the public for analysis after the expiration of 2 years from rig release; and\n\t(b)\tto the licensee for analysis at any time during the currency of the licence and, after the licence has come to an end, at the discretion of the Minister.\n\t(6)\tThe Minister may, after the relevant licence has come to an end, refuse to allow access to cuttings or core for destructive sampling.\n49—Report on analysis of core or cuttings\n\t(1)\tAn application for approval to remove any cuttings or core held by the Core Library must be made in a form determined by the Minister and include the following information:\n\t(a)\tthe full name, business address and telephone number of the person who will be responsible for the relevant sample and for reporting the results of any analysis under subregulation (3);\n\t(b)\tthe date on which it is proposed to remove the sample from the Core Library;\n\t(c)\tthe name and number of the relevant well;\n\t(d)\tthe depth or interval from which a sample is sought;\n\t(e)\tthe type of sample;\n\t(f)\tdetails on the type of analysis that is to be performed on the sample.\n\t(2)\tThe Minister may, in the Minister's discretion, refuse an application for approval.\n\t(3)\tIt will be a condition of the removal of any cuttings or core—\n\t(a)\tthat the person responsible for the relevant sample will furnish to the Minister a report of the results of the analysis carried out on the relevant sample; and\n\t(b)\tthat the Minister is authorised to make copies of the report as the Minister thinks fit.\n\t(4)\tThe report must be furnished within 6 months of removal, or within such longer period as the Minister may allow.\n\t(5)\tThe report must include the following:\n\t(b)\tthe date of removal from the Core Library;\n\t(c)\tthe date of the completion of the analysis;\n\t(d)\ta description of the analysis and the results of the analysis;\n\t(e)\tinformation on how any residues or processed material arising from the analysis have been dealt with.\n\t(6)\tThe Minister may specify other conditions that will apply to the removal of any cuttings or core from the Core Library.\n\t(7)\tA condition under subregulation (6) may include a condition that the applicant enter into a bond in such sum (not exceeding $10 000), and subject to such terms and conditions, as the Minister may determine to be appropriate.\n\t(8)\tIf any samples remain after the completion of an analysis, the person responsible for the samples must immediately return them to the Core Library.\n\t(9)\tA copy of a report provided to the Minister under this regulation will be available for public inspection after—\n\t(a)\tthe expiration of 2 years from the date on which the rig was released from the well from which the core or cuttings were obtained; or\n\t(b)\tthe expiration of 6 months from the date on which the sample was removed from the Core Library,\nwhichever is the later.\n","sortOrder":11},{"sectionNumber":"Div 4","sectionType":"division","heading":"General provisions","content":"Division 4—General provisions\n50—Form of reports\n\t(1)\tSubject to any specific requirement in another regulation, a report or other information required under this Part (including information referred to in a report under this Part) must be provided in a manner and form determined or approved by the Minister.\n\t(2)\tIf a report or other information is provided in electronic form, the person providing the report or other information must also, at the same time, provide a transmittal note in a form determined by the Minister that—\n\t(a)\tidentifies the activity to which the report or information relates, including the name and number of the well, and the date of data acquisition (if relevant); and\n\t(b)\tin the case of seismic data, identifies the seismic survey name and the seismic line names; and\n\t(c)\tprovides an electronic file name and a relevant file date, and identifies the relevant electronic format, in order to facilitate electronic access to the report or other information; and\n\t(d)\tdescribes the information or data contained in the relevant file or files.\n51—Form of information in reports and corrections\n\t(1)\tInformation provided in or in association with a report under this Part must—\n\t(b)\tstate any limitations that apply, or should apply, to the use of the information; and\n\t(c)\tidentify any matter in relation to which there is a significant lack of relevant information or a significant degree of uncertainty; and\n\t(d)\tso far as is relevant, identify the sensitivity to change of any assumption that has been made and any significant risks that may arise if an assumption is later found to be incorrect; and\n\t(e)\tso far as is reasonably practicable, be presented in a way that allows a person assessing the information to understand how conclusions have been reached.\n\t(2)\tIf information provided in or in association with a report is found to contain errors or omissions, the person who provided the information must immediately correct or provide the information (as the case may require).\n52—Availability of information\n\t(1)\tThe Minister will determine the places where documents or data available for public inspection under this Part will be so available.\n\t(2)\tThe Minister will determine whether a document or data available for public inspection under this Part may be copied and, if so, the amount of a copying fee.\n\t(3)\tDespite a preceding provision of this Part, and subject to subregulation (3a), data or a report that is to be made available for public inspection after a specified period may, in any event, be made available for public inspection if or when the relevant licence expires or is surrendered or cancelled under the Act.\n\t(3a)\tSubregulation (3) does not apply to data or a report that relates to a speculative survey licence.\n\t(4)\tWithout limiting any other provision, the Minister may make available for public inspection (or otherwise release) production, sales and value statistics provided to the Minister as part of the royalty returns furnished under Part 7 of the Act if the information is released on a consolidated basis (according to each form of product or more generally).\n","sortOrder":12},{"sectionNumber":"Part 8","sectionType":"part","heading":"Miscellaneous","content":"Part 8—Miscellaneous\n53—Waiver and refund of fees\n\t(1)\tThe Minister may, on application or on the Minister's own initiative, in the Minister's discretion, waive payment of the whole or part of a fee or refund a fee (in whole or in part).\n\t(2)\tIn this regulation—\nfee means a fee prescribed by fee notice;\nfee notice has the same meaning as in the Legislation (Fees) Act 2019.\n55—Penalty interest\nFor the purposes of sections 44(1)(a) and 78(2)(a) of the Act, the rate of penalty interest will be 10% per year.\n56—Mediation of dispute over entry to land\nFor the purposes of paragraph (b) of section 62(5) of the Act, the period of 2 months is fixed.\n57—Reinstatement of licence—disapplication of certain sections of Act\nFor the purposes of section 91C(6)(b) of the Act, the following sections of the Act will not apply in relation to a licence reinstated by the Minister under section 91C of the Act:\n\t(a)\tsection 21(2) and (3);\n\t(b)\tsection 22;\n\t(c)\tsection 26(2);\n\t(d)\tsection 27(1), (1a) and (2a);\n\t(e)\tsection 28(2a), (2b), (3a) and (3b);\n\t(f)\tsection 30(1);\n\t(g)\tsection 32(2);\n\t(h)\tsection 34(2), (3) and (4a);\n\t(i)\tsection 35;\n\t(j)\tsection 39;\n\t(k)\tsection 40;\n\t(l)\tsection 47(1);\n\t(m)\tsection 59D;\n\t(n)\tsection 67;\n\t(o)\tsection 68;\n\t(p)\tsection 79.\n57A—Approval and registration of registrable dealings\nPursuant to section 114(2)(c) of the Act, an application for approval and registration of a registrable dealing must include the following information in respect of the person to whom the relevant interest is to be assigned:\n\t(a)\t—\n\t(i)\tif the person is an incorporated association—a copy of the association's most recent audited financial statements; or\n\t(ii)\tin any other case—a statement of the expected financial position of the assignee over the term of the licence (or such other period of time as determined by the Minister);\n\t(b)\tin the case of a registrable dealing of a kind described in section 112(b) or (c) of the Act—a statement of the technical qualifications and experience of the assignee.\n58—General offence\nA person must not contravene or fail to comply with these regulations.\nMaximum penalty: $10 000.\n59—Administrative penalties\n\t(1)\tThe amounts set out in Schedule 2 are fixed as the amounts for administrative penalties imposed under the relevant provisions of the Act and these regulations.\n\t(2)\tThe Minister may, in the Minister's discretion, waive a part of an administrative penalty.\n","sortOrder":13},{"sectionNumber":"Sch 2","sectionType":"schedule","heading":"Administrative penalties","content":"Schedule 2—Administrative penalties\n\n1—Act\nAmount of administrative penalty\nInitial penalty\nDaily penalty\nSection 43(4)\n$750\nSection 45A(1)\n\nSection 81(2)\n\nSection 84(1)\n\nSection 84(2)\nSection 85(1)\nSection 85(2)\n$750\nSection 86(1)\nSection 86(2)\nSection 86(4)\n\n2—Regulations\nAmount of administrative penalty\nInitial penalty\nDaily penalty\nRegulation 18(1)\n$150\nRegulation 19(1)\n$300\nRegulation 24(2)\n\nRegulation 25(1)\n\nRegulation 25(3)\n\nRegulation 26\n\nRegulation 27\n\nRegulation 28\n\nRegulation 30(4)\nRegulation 30(5)\nRegulation 30(6)\nRegulation 31(1)\nRegulation 31(2)\nRegulation 31(3)\nRegulation 32(2)\nRegulation 32(3)\n\nRegulation 33(1)\nRegulation 33(2)\nRegulation 33(3)\n\nRegulation 34(1)\n$150\nRegulation 35(1)\n$300\nRegulation 36(1)\n$750\nRegulation 37(1)\n$750\nRegulation 37(2)\n$750\nRegulation 38(1)\n$2 000\n$200\nRegulation 39(1)\n$300\nRegulation 39(3)\n\nRegulation 40(1)\n$750\nRegulation 41(1)\n$750\nRegulation 42(1)\n$300\nRegulation 43(1)\n$300\nRegulation 44(1)\n$300\nRegulation 45(1)\n$750\nRegulation 46(1)\n$750\nRegulation 46(2)\n\nRegulation 46(3)\n$750\nRegulation 46(4)\n$750\nRegulation 46A(1)\n$3 000\n$300\nRegulation 47(1)\n$300\nRegulation 48(1)\n\nRegulation 48(2)\n\nRegulation 48(4)\n\nRegulation 49(4)\n$300\nRegulation 49(5)\n$750\nRegulation 49(8)\n$300\nRegulation 50(1)\n\nRegulation 51(2)\n$300\n","sortOrder":14},{"sectionNumber":"Sch 3","sectionType":"schedule","heading":"Transitional provisions","content":"Schedule 3—Transitional provisions\n2—Transitional provisions\nPursuant to clause 3(2) of the Schedule of the Act—\n\t(a)\tsection 15 of the repealed Act applies, to the exclusion of the corresponding provisions of the Act, to an application for a petroleum exploration licence that was received by the Director‑General under the repealed Act before 1 March 1999 and was not finally dealt with under that Act before the commencement of these regulations; and\n\t(b)\tsection 18 of the repealed Act applies, to the exclusion of the corresponding provisions of the Act, in relation to the renewal of—\n\t(i)\tan exploration licence granted as a petroleum exploration licence under the repealed Act before the commencement of these regulations; and\n\t(ii)\tan exploration licence granted after the commencement of these regulations pursuant to an application received by the Director‑General under the repealed Act before 1 March 1999; and\n\t(c)\tsection 32 of the repealed Act continues to apply to a production licence granted as a petroleum production licence under the repealed Act before the commencement of these regulations so as to allow application to be made under that section for the renewal of the licence at the expiration of its term (but without derogating from the operation of section 41 of the Petroleum and Geothermal Energy Act 2000).\n3—Transitional provision—statement of environmental objectives\n\t(1)\tPursuant to section 138(4) of the Act, if, before the relevant day, a statement of environmental objectives has been prepared but not yet submitted to the Minister for approval—\n\t(a)\tthe environmental impact report that forms the basis for the statement of environmental objectives need only comply with the requirements of the Act as in force before the relevant day; and\n\t(b)\tthe statement of environmental objectives and any application to the Minister for approval of the statement need only comply with the requirements of the Act as in force before the relevant day; and\n\t(c)\tthe Minister must determine any application received for the approval of the statement of environmental objectives in accordance with the provisions of the Act as in force before the relevant day.\n\t(2)\tIn this clause—\nrelevant day means the day on which this clause comes into operation.\nLegislative history\nNotes\n\t•\tPlease note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete.\n\t•\tEarlier versions of these regulations (historical versions) are listed at the end of the legislative history.\n\t•\tFor further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.\nFormerly\nPetroleum and Geothermal Energy Regulations 2013\nLegislation revoked by principal regulations\nThe Energy Resources Regulations 2013 revoked the following:\nPetroleum and Geothermal Energy Regulations 2000\nPrincipal regulations and variations\nNew entries appear in bold.\nYear\nNo\nReference\nCommencement\nGazette 14.3.2013 p801\n15.3.2013: r 2\nGazette 6.6.2013 p2181\n1.7.2013: r 2\nGazette 19.6.2014 p2561\n1.7.2014: r 2\nGazette 17.7.2014 p3255\n17.7.2014: r 2\nGazette 18.6.2015 p2700\n1.7.2015: r 2\nGazette 1.10.2015 p4496\n1.10.2015: r 2\nGazette 23.6.2016 p2383\n1.7.2016: r 2\nGazette 22.6.2017 p2448\n1.7.2017: r 2\nGazette 21.6.2018 p2229\n1.7.2018: r 2\nGazette 13.6.2019 p1853\n1.7.2019: r 2\nGazette 4.6.2020 p3028\n1.7.2020: r 2\nGazette 11.2.2021 p351\n11.2.2021: r 2\nGazette 11.4.2024 p636\n11.4.2024: r 2\nProvisions varied\nNew entries appear in bold.\nEntries that relate to provisions that have been deleted appear in italics.\nHow varied\nCommencement\nPt 1\n\nr 1\namended by 21/2024 r 3\nr 2\nomitted under Legislation Revision and Publication Regulations 2002\nr 3\n\nr 3(1)\nr 3 redesignated as r 3(1) by 14/2021 r 4\nAct\nsubstituted by 21/2024 r 4(1)\nfacility\ndeleted by 21/2024 r 4(2)\nGDA 94\ndeleted by 21/2024 r 4(2)\nGeocentric Datum of Australia 2020 or GDA 2020\ninserted by 21/2024 r 4(2)\nr 3(2)\ninserted by 14/2021 r 4\n\nsubstituted by 21/2024 r 4(3)\nPt 1A\ninserted by 21/2024 r 5\nPt 2\n\nr 7\namended by 21/2024 r 6(1)—(5)\nr 8\namended by 21/2024 r 7(1), (2)\nPt 2A\ninserted by 21/2024 r 8\nPt 2B\nPt 5 redesignated as Pt 2B and relocated by 21/2024 r 17\nr 9C\nr 22 redesignated as r 9C by 21/2024 r 18\nPt 3\n\nr 9D\ninserted by 21/2024 r 9\nr 10\n\nr 10(1)\namended by 21/2024 r 10(1)—(4), (6)\n\n(c)—(e) deleted by 21/2024 r 10(5)\nrr 11—14\nsubstituted by 21/2024 r 11\nr 15\ndeleted by 21/2024 r 11\nPt 4\n\nr 16\n\nr 16(1)\n\nregulatory objectives\namended by 21/2024 r 12(1)\nregulatory requirements\namended by 21/2024 r 12(2)\nr 16(2)\ndeleted by 21/2024 r 12(3)\nr 16A\ninserted by 21/2024 r 13\nr 17\n\namended by 21/2024 r 14(1)\nr 17(1)\namended by 21/2024 r 14(2)\nr 17(2)\namended by 21/2024 r 14(3)\nr 19\n\nr 19(2)\namended by 21/2024 r 15(1)\nr 19(3)\namended by 21/2024 r 15(2)\nr 20\n\nr 20(1)\namended by 21/2024 r 16(1)—(3)\nPt 6\n\nPt 6 Div 2\n\nr 25\n\nr 25(3)\namended by 21/2024 r 19\nr 27\namended by 21/2024 r 20\nPt 6 Div 3\n\nr 29\namended by 21/2024 r 21\nPt 6 Div 4\n\namended by 21/2024 r 22\nr 30\n\namended by 21/2024 r 23(1)\n30(2)\namended by 21/2024 r 23(3)\n30(3)\namended by 21/2024 r 23(4), (5)\n30(5)\namended by 21/2024 r 23(2)\n30(11)\namended by 21/2024 r 23(6)\nPt 6 Div 5\n\nr 31\n\n31(2)\namended by 21/2024 r 24(1)\n\n(c) deleted by 21/2024 r 24(1)\n31(6)\namended by 21/2024 r 24(2)\n31(11)\namended by 21/2024 r 24(3)\nPt 7\n\nr 32\n\n32(1)\namended by 21/2024 r 25(1)\n32(2)\namended by 21/2024 r 25(2), (3)\n32(3)\namended by 21/2024 r 25(4), (5)\n32(4)\namended by 21/2024 r 25(6)\nr 33\n\namended by 21/2024 r 26(1)\nr 33(1) and (2)\nr 33(3)\namended by 21/2024 r 26(2), (3)—(8)\nr 33(4)—(7)\nr 33(7a)\ninserted by 21/2024 r 26(9)\nr 33(8)\nr 35\n\nr 35(3)\namended by 21/2024 r 27\nr 37\n\nr 37(3)\namended by 21/2024 r 28(1)\nr 37(4)\namended by 21/2024 r 28(2)\nr 40\n\nr 40(2)\namended by 21/2024 r 29(1)—(3)\nr 43\n\namended by 21/2024 r 30(1)\nr 43(1) and (2)\namended by 21/2024 r 30(2)\nr 45\n\nr 45(1)\namended by 21/2024 r 31(1)\nr 45(2)\namended by 21/2024 r 31(2), (3)\nr 45(2a)\ninserted by 21/2024 r 31(4)\nrr 46A—46C\ninserted by 21/2024 r 32\nr 49\n\nr 49(9)\namended by 21/2024 r 33\nr 52\n\nr 52(1)\namended by 21/2024 r 34(1)\nr 52(2)\namended by 21/2024 r 34(2)\nr 52(3)\namended by 21/2024 r 34(3)\nr 52(3a)\ninserted by 21/2024 r 34(4)\nPt 8\n\nr 53\nsubstituted by 172/2020 r 4\nr 54\ndeleted by 21/2024 r 35\nr 57\nsubstituted by 21/2024 r 36\nr 57A\ninserted by 21/2024 r 36\nSch 1 before substitution by 118/2015\nsubstituted by 82/2013 r 4\n\nsubstituted by 103/2014 r 4\n1.7.2014\n\nvaried by 204/2014 r 4\n17.7.2014\nSch 1 before substitution by 93/2018\nsubstituted by 118/2015 r 4\n1.7.2015\n\nsubstituted by 146/2016 r 4\n1.7.2016\n\nsubstituted by 167/2017 r 4\n1.7.2017\ncl 14\nvaried by 207/2015 r 4\n1.10.2015\nSch 1\nsubstituted by 93/2018 r 4\n1.7.2018\n\nsubstituted by 68/2019 r 4\n1.7.2019\n\ndeleted by 172/2020 r 5\nSch 2\nsubstituted by 21/2024 r 37\nSch 3\n\ncl 1\nomitted under Legislation Revision and Publication Regulations 2002\ncl 3\ninserted by 21/2024 r 38\nHistorical versions\n\n1.7.2014 (electronic only)\n\n17.7.2014\n\n1.7.2015\n\n1.10.2015\n\n1.7.2016\n\n1.7.2017\n\n1.7.2018\n\n1.7.2019\n\n","sortOrder":15}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"The regulations have been expanded and updated since first made. Notable scope additions in later variations include a prescribed regulated substance production licence (r 3A) and the explicit inclusion of synthetic hydrocarbons (r 3(2)); a rental regime for storage of regulated substances (Part 2A, regs 9A–9B); new technical/reporting obligations such as hydraulic fracturing (reg 46B) and annual reserve estimates (reg 46C); and strengthened management system requirements (reg 16A). The legislative history records multiple amendments up to 2024 that broaden and detail licence, reporting and public‑release rules."},"complexity_factors":["Large number of distinct, specific reporting obligations with often short timeframes (daily drilling reports: reg 38; production reports: reg 45; annual licence reports: reg 33; many others in Part 7).","Extensive Ministerial discretion to require further information, approve consultation plans, adjust or vary rent calculations and control public release of material (regs 9A(5)–(6), 10(2), 11(4)–(5), 14(5), 30(10)).","Detailed technical and fitness‑for‑purpose requirements referencing recognised industry standards (eg. pipelines to AS 2885: reg 29; fitness assessments: reg 30).","Operator classification and differing notification regimes (low v high level official surveillance) with separate filing deadlines and content requirements (regs 17–20).","Complex public‑inspection and embargo rules for different data types (geophysical, logs, cores) with multi‑year hold periods and exceptions (regs 35–37, 39–40, 48–49, 52(3)–(3a)).","Core Library custody and sample‑removal conditions plus bond possibility and return obligations (regs 48–49).","Layered offences and a schedule of varied administrative penalties and daily penalties (Sch 2) creating differing financial risk across breaches.","Cross‑references to the principal Act, statements of environmental objectives and transitional provisions plus numerous amendments over time (see Legislative history), increasing interpretive load."],"plain_english_summary":"These regulations set the technical, application, environmental and reporting rules for holders of licences under the Energy Resources Act 2000 in South Australia. They define what applicants and licensees must provide, require management systems and environmental assessment, fix rent for storing regulated substances ($0.25/m3), set notice and public‑inspection rules, and create administrative penalties for non‑compliance.\n\nWho it affects: licence applicants and holders, contractors, landowners (notice/compensation rights) and the Minister, who retains broad approval and information‑release powers."},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":true,"description":"The legislation has expanded significantly beyond its original petroleum and geothermal focus. Originally the 'Petroleum and Geothermal Energy Regulations 2013', it was renamed to 'Energy Resources Regulations' and now covers broader 'regulated substances' including synthetic hydrocarbons and gas storage. Recent amendments (2024) added new licence types (regulated substance production licence), new rental provisions for gas storage, new reporting categories (hydraulic fracturing reports, reserve estimates, facility decommissioning), and restructured parts of the regulations. The scope has grown from simple extraction regulation to comprehensive energy resource management including storage, processing, and environmental oversight."},"complexity_factors":["Extensive cross-referencing to the parent Energy Resources Act 2000 (numerous sections cited throughout)","Multiple licence types with distinct application requirements (exploration, retention, production, pipeline, gas storage)","Complex mathematical formulas for rent calculations with variables and adjustment mechanisms (Regulation 9A)","Nested conditional requirements for environmental reporting and consultation (different rules for 'low level' vs 'high level' official surveillance)","Detailed technical specifications for drilling, geophysical surveys, and pipeline construction (referencing Australian Standards like AS 2885)","Extensive reporting schedule with 20+ different types of reports, each with specific content requirements and deadlines","Multiple public access regimes with varying confidentiality periods (2 years, 6 months, 15 years, or never depending on report type)","Administrative penalty schedule with 40+ specific penalty amounts","Transitional provisions preserving old law for certain applications","Frequent amendments shown in legislative history (multiple variations since 2013)"],"plain_english_summary":"This legislation sets out the detailed rules for how companies can explore for, extract, and manage energy resources (like oil, gas, and geothermal energy) in South Australia. It operates under the Energy Resources Act 2000.\n\n**Who it affects:**\n- **Energy companies** holding licences to explore or produce petroleum, gas, or geothermal resources\n- **Landowners** whose property may be accessed for energy activities\n- **Government regulators** (the Minister and department) who oversee compliance\n- **The public**, who can access certain technical and environmental reports\n\n**What it does:**\n\n**1. Licences and Applications**\n- Sets out what companies must include when applying for different types of licences (exploration, production, pipelines, etc.)\n- Requires financial statements, technical qualifications, work programs, and maps\n- Introduces a new \"regulated substance production licence\" for activities like gas storage and processing\n\n**2. Rent and Fees**\n- Calculates rent for companies using underground reservoirs to store gas (25 cents per cubic metre)\n- Allows the Minister to adjust calculations based on pressure and temperature changes\n\n**3. Land Access**\n- Requires companies to give detailed written notice before entering private land\n- Notices must explain what activities are planned, potential impacts, compensation rights, and how to object\n- Landowners cannot object based on the value of resources underground\n\n**4. Environmental Protection**\n- Requires companies to prepare environmental impact reports before starting activities\n- Mandates \"statements of environmental objectives\" that set measurable goals for protecting the environment\n- Requires regular review of these statements (every 5 years)\n- Forces companies to consult with landowners, Aboriginal groups, and other stakeholders\n\n**5. Safety and Operations**\n- Classifies activities as either \"low level\" or \"high level\" official surveillance based on risk\n- Requires detailed management systems covering safety, training, emergency procedures, and risk controls\n- Sets technical standards for drilling, pipelines, and geophysical surveys\n- Requires \"fitness for purpose\" assessments of facilities every 5 years\n\n**6. Reporting Requirements**\n- Mandates extensive technical reporting: daily drilling reports, well completion reports, production reports, incident reports, etc.\n- Requires companies to submit samples (rock cuttings and cores) to a government Core Library\n- Sets timeframes for when technical data becomes publicly available (usually 2 years after collection)\n\n**7. Enforcement**\n- Lists specific administrative penalties (fines) for breaches, ranging from $1,500 to $15,000\n- Includes daily penalties for ongoing failures\n- Makes it an offence to breach the regulations (maximum $10,000 fine)\n\n**Why it matters:**\nThis legislation balances the economic benefits of energy production with environmental protection and landowner rights. It ensures companies operate safely, report transparently, and rehabilitate sites when finished. The public access provisions mean technical data eventually becomes available for research and oversight, while protecting commercially sensitive information temporarily."},"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Scope cannot be assessed as the legislative text was not available for analysis. The page returned only a website error message following a site restructure in March 2026."},"complexity_factors":["No legislative content was retrievable — the source URL returned a 404 Page Not Found error","Cannot assess complexity of provisions, definitions, cross-references, or regulatory obligations without actual text","Score of 1 reflects absence of analysable content, not simplicity of the underlying law"],"plain_english_summary":"The Energy Resources Regulations 2013 (SA) are subordinate rules governing oil, gas and other energy resource activities in South Australia — licensing, safety, environmental obligations, fees and reporting.  \n\nThey primarily affect resource companies, operators and compliance officers; they matter because they set permitting conditions, regulatory duties and potential penalties that determine how exploration and extraction are lawfully conducted."}},"importantCases":[],"_links":{"self":"/api/acts/energy-resources-regulations-2013","history":"/api/acts/energy-resources-regulations-2013/history","analysis":"/api/acts/energy-resources-regulations-2013/analysis","conflicts":"/api/acts/energy-resources-regulations-2013/conflicts","importantCases":"/api/acts/energy-resources-regulations-2013/important-cases","documents":"/api/acts/energy-resources-regulations-2013/documents"}}