{"id":"petroleum-environment-regulations-2016","name":"PETROLEUM (ENVIRONMENT) REGULATIONS 2016","slug":"petroleum-environment-regulations-2016","collection":"regulation","jurisdiction":"nt","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":177095,"registerId":"nt-petroleum-environment-regulations-2016-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"PETROLEUM (ENVIRONMENT) REGULATIONS 2016","content":"NORTHERN TERRITORY OF AUSTRALIA\nPETROLEUM (ENVIRONMENT) REGULATIONS 2016\nAs in force at 8 April 2025\nTable of provisions\nPart 1 Preliminary matters\n1 Citation ............................................................................................ 1\n2 Object .............................................................................................. 1\n3 Definitions ........................................................................................ 1\n4A Human health risk assessments ...................................................... 4\n5 Regulated activity ............................................................................ 5\n5A Decisions subject to the principles of ecologically sustainable\ndevelopment .................................................................................... 6\nPart 2 Environment management plans\nDivision 1 Submission of environment management plan\nfor approval\n6 Submission of plan for approval ...................................................... 7\n7 Stakeholder engagement ................................................................ 7\n8 Form and content of plan ................................................................. 8\n8A Publishing certain plans for comment .............................................. 9\n8B Public comments on plan............................................................... 10\nDivision 2 Minister's decision about approval of\nenvironment management plan\n9 Approval criteria for plan ................................................................ 10\n10 Minister may require further information ........................................ 11\n11 Approval of plan, refusal to approve and other actions.................. 11\n12 Approval notice and statement of reasons .................................... 13\n13 Refusal notice and statement of reasons ...................................... 13\n14 Duration of current plan ................................................................. 14\n14A Transfer of petroleum interest........................................................ 14\nDivision 3 Current plan – revision\n15 Application of Divisions 1 and 2 ..................................................... 14\n16 Form of proposed revision ............................................................. 14\n17 Revision required for new or increased environmental impact\nor environmental risk ..................................................................... 15\n18 Revision required at end of each 5 year period ............................. 15\n19 Minister may require revision ......................................................... 16\n\nPetroleum (Environment) Regulations 2016 ii\n20 Submission by interest holder about revision required by\nMinister .......................................................................................... 16\n21 Effect of refusal to approve proposed revision............................... 17\nDivision 4 Current plan – modification or change\n22 Modification to regulated activity.................................................... 17\n23 Change in existing environment .................................................... 18\nDivision 5 Publication of current plans and other\ninformation\n24 Publication of current plan and statement of reasons .................... 18\n25 Publication of reports relating to environmental matters ................ 18\n26 Method of publication and confidentiality ....................................... 19\nDivision 6 Revocation of approval of current plan\n27 Decision to revoke approval .......................................................... 19\n28 Steps to be taken before making decision to revoke ..................... 20\nDivision 7 Review of decisions\nSubdivision 1 Judicial review\n29AA Judicial review of decision ............................................................. 21\nSubdivision 2 Review by Tribunal\n29 Review by Tribunal ........................................................................ 21\nDivision 8 Offences\n30 Requirement for current plan ......................................................... 22\n31 Compliance with current plan ........................................................ 22\n32 New or increased environmental impact or environmental risk...... 23\n32A Criminal liability of executive officer of body corporate .................. 24\nPart 3 Reportable incidents, recordable incidents\nand records\nDivision 1 Reportable incidents and recordable incidents\n33 Notice of reportable incident .......................................................... 24\n34 Report about reportable incident ................................................... 25\n35 Report about recordable incident................................................... 26\n35A Publication of notices and reports.................................................. 27\n\nPetroleum (Environment) Regulations 2016 iii\nDivision 2 Records\n36 Records to be kept ........................................................................ 27\n37 Making prescribed records available ............................................. 29\nPart 3A Reporting requirements for hydraulic\nfracturing\n37A Report about flowback fluid ........................................................... 29\n37B Report about produced water ........................................................ 31\nPart 4 Infringement notice offences\n38 Infringement notice offence and prescribed amount payable ........ 32\n39 When infringement notice may be given ........................................ 32\n40 Contents of infringement notice ..................................................... 32\n41 Electronic payment and payment by cheque ................................. 33\n42 Withdrawal of infringement notice.................................................. 33\n43 Application of Part ......................................................................... 34\nPart 5 Transitional matters for Petroleum\n(Environment) Amendment Regulations\n2019\n44 Definitions ...................................................................................... 34\n45 Application of amending Regulations to existing regulated\nactivities ......................................................................................... 34\n46 Application of amending Regulations to environment\nmanagement plan not yet approved .............................................. 35\nPart 6 Transitional matters for Environment\nProtection Act 2019\n47 Definition........................................................................................ 35\n48 Environmental assessment completed before commencement..... 35\nSchedule 1 Information to be included in environment\nmanagement plan\nSchedule 1A Judicial Review of decision\nSchedule 2 Reviewable decisions and interested\npersons\nSchedule 3 Infringement notice offences and\nprescribed amounts\nENDNOTES\n\n\n\nNORTHERN TERRITORY OF AUSTRALIA\n____________________\nAs in force at 8 April 2025\n____________________\nPETROLEUM (ENVIRONMENT) REGULATIONS 2016\nRegulations under the Petroleum Act 1984\nPart 1 Preliminary matters\n1 Citation\nThese Regulations may be cited as the Petroleum (Environment)\nRegulations 2016.\n2 Object\nThe object of these Regulations is to ensure that regulated activities\nare carried out in a manner:\n(a) consistent with the principles of ecologically sustainable\ndevelopment; and\n(b) by which the environmental impacts and environmental risks\nof the activities will be reduced to a level that is:\n(i) as low as reasonably practicable; and\n(ii) acceptable.\n3 Definitions\nIn these Regulations:\napproval, in relation to an environment management plan, means\napproval of the plan under regulation 11.\napproval criteria, for an environment management plan, see\nregulation 9(1).\napproval notice, for an environment management plan, see\nregulation 12(1).\nAuthority Certificate, see section 3 of the Northern Territory\nAboriginal Sacred Sites Act 1989.\n\nPart 1 Preliminary matters\nPetroleum (Environment) Regulations 2016 2\ncurrent plan means:\n(a) an environment management plan approved under\nregulation 11 and in force; and\n(b) any conditions to which the approval is subject, as specified in\nthe approval notice for the plan.\nday means a calendar day.\nenvironment management plan means:\n(a) an environment management plan, or proposed revision of a\ncurrent plan, submitted under regulation 6 for approval; or\n(b) a current plan.\nenvironmental impact means any adverse change, or potential\nadverse change, to the environment resulting wholly or partly from\na regulated activity.\nenvironmental outcome means an outcome that will be achieved\nif the environmental impacts and environmental risks of a regulated\nactivity are reduced to a level that is:\n(a) as low as reasonably practicable; and\n(b) acceptable.\nenvironmental performance means the performance of an\ninterest holder in relation to the environmental outcomes and\nenvironmental performance standards included in the interest\nholder's current plan.\nenvironmental performance standard means a standard that:\n(a) relates to the management of environmental impacts and\nenvironmental risks of a regulated activity; and\n(b) applies to persons, systems, equipment or procedures\ninvolved in carrying out the activity.\nenvironmental risk means the chance of something happening\nthat will have an environmental impact, measured in terms of the\nenvironmental consequences and the likelihood of those\nconsequences occurring.\n\nPart 1 Preliminary matters\nPetroleum (Environment) Regulations 2016 3\nhydraulic fracturing means the underground gas and oil extraction\nprocess that involves the injection of fluids at high pressure into a\ngeological formation to induce fractures that conduct hydrocarbons\nfor extraction.\nimplementation strategy means the implementation strategy for a\nregulated activity that is included in the environment management\nplan for the activity, as required by Schedule 1, Part 2.\ninfringement notice, see regulation 39.\ninfringement notice offence, see regulation 38(1).\ninterest holder means a person who holds a petroleum interest for\na regulated activity.\nmeasurement criteria means the criteria to be used in determining\nwhether an environmental outcome or environmental performance\nstandard has been met.\nNORM means naturally occurring radioactive materials.\nnotice means a written notice.\nplan means an environment management plan.\nprescribed amount, see regulation 38(2).\nprescribed chemical legislation means the following:\n(a) Dangerous Goods Act 1998;\n(b) Medicines, Poisons and Therapeutic Goods Act 2012;\n(c) Waste Management and Pollution Control Act 1998;\n(d) Water Act 1992;\n(e) Work Health and Safety (National Uniform Legislation)\nAct 2011.\nproposed revision, of a current plan, means the plan or part of the\nplan as it is proposed to be revised as required under Part 2,\nDivision 3.\n\nPart 1 Preliminary matters\nPetroleum (Environment) Regulations 2016 4\nrecordable incident means an incident arising from a regulated\nactivity:\n(a) that:\n(i) has resulted in an environmental impact or\nenvironmental risk not specified in the current plan for\nthe activity; or\n(ii) has resulted in a contravention of an environmental\nperformance standard specified in the current plan for\nthe activity; or\n(iii) is inconsistent with an environmental outcome specified\nin the current plan for the activity; and\n(b) is not a reportable incident.\nrefusal notice, for an environment management plan, see\nregulation 13(1).\nregulated activity, see regulation 5.\nreportable incident means an incident, arising from a regulated\nactivity, that has caused or has the potential to cause material\nenvironmental harm or significant environmental harm.\nresubmission notice, for an environment management plan, see\nregulation 11(2)(b).\nreviewable decision, see regulation 29(1).\nstakeholder engagement means engagement with stakeholders\nby an interest holder carried out in accordance with regulation 7.\n4A Human health risk assessments\nFor these Regulations, a full human health risk assessment is an\nassessment that takes into account the following instruments, as in\nforce from time to time:\n(a) Environmental Health Risk Assessment: Guidelines for\nAssessing Human Health Risks from Environmental Hazards\npublished by the Environmental Health Standing Committee;\n(b) National Environment Protection (Assessment of Site\nContamination) Measure 1999 published by the National\nEnvironment Protection Council;\n\nPart 1 Preliminary matters\nPetroleum (Environment) Regulations 2016 5\n(c) National Chemical Risk Assessment Guidance Manual\npublished by the National Environment Protection Council;\n(d) any other guideline, measure or document specified by the\nMinister.\n5 Regulated activity\n(1) A regulated activity is an activity or a stage of an activity:\n(a) carried out, or proposed to be carried out, in connection with a\ntechnical works programme for a petroleum interest; and\n(b) that has, or will have, an environmental impact or\nenvironmental risk.\n(2) Without limiting subregulation (1), a regulated activity includes the\nfollowing operations or works:\n(a) land clearing;\n(b) earthworks (for example, cutting, filling, excavating or\ntrenching);\n(c) the construction, operation, modification, decommissioning,\ndismantling or removal of a well, pipeline or other facility;\n(d) establishing seismic lines or drill pads;\n(e) conducting seismic surveys;\n(f) drilling;\n(g) hydraulic fracturing;\n(h) the release of a contaminant or waste;\n(i) the storage and transportation of petroleum and hazardous\nsubstances.\n(3) None of the following is a regulated activity:\n(a) taking water samples;\n(b) taking rock samples without the use of heavy machinery;\n(c) walking or driving on existing roads or tracks in connection\nwith an activity mentioned in paragraph (a) or (b);\n(d) airborne surveys.\n\nPart 1 Preliminary matters\nPetroleum (Environment) Regulations 2016 6\n(4) In this regulation:\nfacility means a structure or installation of any kind, including a\nbuilding, road, dam, pond, bridge, railway, airstrip, telephone line\nand power line.\ntechnical works programme means:\n(a) in relation to an access authority – the statement of operations\nmentioned in section 57A(2)(c) of the Act; or\n(b) in relation to any other petroleum interest – the technical\nworks programme for the exploration, appraisal, recovery or\nproduction of petroleum under the interest.\n5A Decisions subject to the principles of ecologically sustainable\ndevelopment\nFor section 6A of the Act, the following decisions are prescribed\ndecisions:\n(a) a decision to approve a plan under regulation 11(2)(a)(i);\n(b) a decision to give an interest holder a resubmission notice\nunder regulation 11(2)(b);\n(c) a decision to approve a plan modified in response to a\nresubmission notice under regulation 11(3)(a);\n(d) a decision to give an interest holder a further resubmission\nnotice under regulation 11(3)(b)(i);\n(e) a decision to refuse to approve the plan under\nregulation 11(3)(b)(ii);\n(f) a decision to give notice to an interest holder under\nregulation 14(b) specifying that the holder's notice is accepted\nand the plan has ceased to be in force;\n(g) a decision to give an interest holder a revision notice under\nregulation 19(1);\n(h) a decision that a revision is no longer required under\nregulation 20(2)(a);\n(i) a decision to require a revision under regulation 20(2)(b);\n(j) a decision to revoke the approval of a current plan under\nregulation 27(1).\n\nPart 2 Environment management plans\nDivision 1 Submission of environment management plan for approval\nPetroleum (Environment) Regulations 2016 7\nPart 2 Environment management plans\nDivision 1 Submission of environment management plan for\napproval\n6 Submission of plan for approval\n(1) An interest holder who proposes to carry out a regulated activity\nmust first submit to the Minister, for approval, an environment\nmanagement plan relating to the activity.\n(2) A plan may be submitted for approval only after the interest holder\nhas carried out stakeholder engagement in relation to the regulated\nactivity to which the plan relates.\n(3) A plan submitted to the Minister must be accompanied by a\nproposal for the environmental security to be provided in connection\nwith the plan.\n(4) An environmental management plan submitted to the Minister must\nbe accompanied by the prescribed fee.\n7 Stakeholder engagement\n(1) During the preparation of an environment management plan, an\ninterest holder for the plan must carry out stakeholder engagement\nin accordance with this regulation.\n(2) The interest holder must:\n(a) give each stakeholder information about:\n(i) the regulated activity the interest holder proposes to\ncarry out; and\n(ii) the location (or locations) where it is proposed to carry\nout the activity; and\n(iii) the anticipated environmental impacts and\nenvironmental risks of the activity; and\n(iv) the proposed environmental outcomes in relation to the\nactivity; and\n(v) the possible consequences of carrying out the activity to\nthe stakeholder's rights or activities; and\n(b) allow a reasonable period for the stakeholder to respond to\nthe information given by the interest holder.\n\nPart 2 Environment management plans\nDivision 1 Submission of environment management plan for approval\nPetroleum (Environment) Regulations 2016 8\n(3) In this regulation:\nstakeholder means:\n(a) a person or body whose rights or activities may be directly\naffected by the environmental impacts or environmental risks\nof the regulated activity proposed to be carried out; or\n(b) an agent or representative of a person or body mentioned in\nparagraph (a).\n8 Form and content of plan\n(1) An environment management plan must:\n(a) be in a form acceptable to the Minister; and\n(b) specify the contact details of the interest holder and, if\napplicable, the following:\n(i) the interest holder's agent;\n(ii) the interest holder's designated operator.\n(2) A plan must relate to only one regulated activity, regardless of\nwhether the activity is to be carried out in one or more locations.\n(3) A plan must include a summary of the plan followed by\ncomprehensive information about all matters necessary to be\nincluded in order to meet the approval criteria.\n(4) The summary of a plan must include the following:\n(a) a description of the regulated activity to which the plan relates;\n(b) the location (or locations) of the activity;\n(ba) if the activity is hydraulic fracturing – the details about any\nchemical or other substance that may be in, or added to, any\ntreatment fluids to be used in the course of the activity;\n(c) the existing environment that may be affected by the activity;\n(d) the environmental impacts and environmental risks of the\nactivity;\n(e) the environmental outcomes in relation to the activity;\n(f) a list of stakeholders with whom the interest holder has carried\nout stakeholder engagement;\n\nPart 2 Environment management plans\nDivision 1 Submission of environment management plan for approval\nPetroleum (Environment) Regulations 2016 9\n(g) the stakeholder engagement carried out and information about\nfuture stakeholder engagement.\n(5) This regulation does not prevent an interest holder from including\nseparate plans for different regulated activities in one document.\n8A Publishing certain plans for comment\n(1) The Minister must publish an environment management plan if:\n(a) the plan is submitted to the Minister under regulation 6; and\n(b) the plan relates to the drilling of a well or to hydraulic\nfracturing; and\n(c) the plan complies with regulation 8.\n(2) The plan must be published, in any manner the Minister considers\nappropriate, within 14 days of the Minister receiving the plan.\n(3) The requirement to publish does not apply to:\n(a) information received under regulation 10; or\n(b) a modified plan submitted under regulation 11; or\n(c) a plan that relates to the drilling of a water bore.\n(4) The Minister must publish, with the plan, a notice stating the\nfollowing:\n(a) that the plan is published for public comment;\n(b) that interested persons may submit written comments on the\nplan to the Minister no later than 28 days after the date of its\npublication;\n(c) the address to which comments may be sent or delivered;\n(d) that all comments received will be published.\n(5) In publishing a plan, the Minister:\n(a) must withhold from the public information of a commercially\nconfidential nature; and\n(b) may withhold other information from the public if satisfied\nthere are reasonable grounds for doing so.\n\nPart 2 Environment management plans\nDivision 2 Minister's decision about approval of environment management plan\nPetroleum (Environment) Regulations 2016 10\n8B Public comments on plan\n(1) Interested persons may submit written comments on a plan\npublished under regulation 8A to the Minister no later than 28 days\nafter the date of its publication.\n(2) The Minister must publish any comments submitted under\nsubregulation (1), in any manner the Minister considers appropriate,\nafter the end of the 28 day period.\nDivision 2 Minister's decision about approval of environment\nmanagement plan\n9 Approval criteria for plan\n(1) The approval criteria for an environment management plan are\nthat the plan must:\n(a) include all the information required by Schedule 1; and\n(b) be appropriate for the nature and scale of the regulated\nactivity to which the plan relates; and\n(c) demonstrate that the activity will be carried out in a manner by\nwhich the environmental impacts and environmental risks of\nthe activity will be reduced to a level that is:\n(i) as low as reasonably practicable; and\n(ii) acceptable; and\n(d) include an Authority Certificate in relation to the land on which\nthe activity will be carried out.\n(3) If an activity is required to be referred to the NT EPA under Part 4,\nDivision 3 of the Environment Protection Act 2019, the Minister\nmust not make a decision to approve an environment management\nplan for the activity under regulation 11 unless:\n(a) the NT EPA has determined that an environmental impact\nassessment is not required under that Act for that activity; or\n(b) if the NT EPA has determined that an environmental impact\nassessment is required – an environmental approval is\ngranted under that Act for the activity and the decision is\nconsistent with that approval; or\n(c) the Environment Protection Act 2019 otherwise permits the\nmaking of the decision.\n\nPart 2 Environment management plans\nDivision 2 Minister's decision about approval of environment management plan\nPetroleum (Environment) Regulations 2016 11\n10 Minister may require further information\n(1) The Minister may give an interest holder who has submitted an\nenvironment management plan a notice requiring further\ninformation about any matter required by these Regulations to be\nincluded in a plan.\n(2) The notice must specify:\n(a) each matter about which further information is required; and\n(b) a reasonable period within which the information must be\ngiven to the Minister.\n(3) Further information given within the period specified in the notice, or\nwithin an approved longer period, becomes part of the plan\nsubmitted by the interest holder.\n11 Approval of plan, refusal to approve and other actions\n(1) The Minister must make a decision under subregulation (2) as soon\nas practicable, but no later than 90 days, after an interest holder\nsubmits an environment management plan for approval.\n(1A) The Minister must take into account any comments submitted under\nregulation 8B when making a decision under subregulation (2) in\nrelation to a plan published under regulation 8A.\n(2) The Minister must:\n(a) if reasonably satisfied that the plan meets the approval\ncriteria:\n(i) approve the plan, with or without conditions; and\n(ii) give the interest holder an approval notice and statement\nof reasons for the approval; or\n(b) if not reasonably satisfied that the plan meets the approval\ncriteria – give the interest holder a notice (a resubmission\nnotice) specifying:\n(i) the Minister is not reasonably satisfied that the plan\nmeets the approval criteria; and\n(ii) the reasons why the Minister is not reasonably satisfied;\nand\n(iii) a reasonable period within which the interest holder may\nmodify the plan and submit it for approval.\n\nPart 2 Environment management plans\nDivision 2 Minister's decision about approval of environment management plan\nPetroleum (Environment) Regulations 2016 12\n(2A) If the Minister is satisfied that more than 90 days will be required to\nmake a decision for subregulation (2), the Minister must give the\ninterest holder a notice setting out a proposed timetable for\nconsideration of the plan.\n(2B) However, if the reason that more than 90 days will be required to\nmake the decision is because an Authority Certificate in relation to\nthe land on which the activity to which the plan relates will be\ncarried out has not been provided:\n(i) the Minister is not required to give the interest holder a notice\nunder subregulation (2A); and\n(ii) the Minister must make the decision within 14 days after the\ninterest holder has provided the Authority Certificate to the\nMinister.\n(3) Within 30 days after an interest holder submits a plan that is\nmodified in response to a resubmission notice, the Minister must:\n(a) if reasonably satisfied that the plan meets the approval\ncriteria:\n(i) approve the plan, with or without conditions; and\n(ii) give the interest holder an approval notice and statement\nof reasons for the approval; or\n(b) if not reasonably satisfied that the plan meets the approval\ncriteria:\n(i) give the interest holder a further resubmission notice; or\n(ii) refuse to approve the plan and give the interest holder a\nrefusal notice and statement of reasons for the refusal;\nor\n(c) if satisfied that more than 30 days will be required to make a\ndecision for paragraph (a) or (b) – give the interest holder a\nnotice setting out a proposed timetable for consideration of the\nmodified plan.\n(4) If an interest holder given a resubmission notice does not submit a\nmodified plan within the period specified in the notice, or a further\napproved period, the Minister must:\n(a) refuse to approve the plan originally submitted by the interest\nholder; and\n\nPart 2 Environment management plans\nDivision 2 Minister's decision about approval of environment management plan\nPetroleum (Environment) Regulations 2016 13\n(b) give the interest holder a refusal notice and a statement of\nreasons for the refusal.\n(5) Despite subregulations (1) and (3), an approval of a plan or a\nrefusal to approve a plan is not invalid only because the Minister did\nnot give the interest holder a notice under the relevant\nsubregulation within the period mentioned in the subregulation.\n12 Approval notice and statement of reasons\n(1) An approval notice is a notice of the Minister's approval of an\nenvironment management plan under regulation 11.\n(2) If the Minister's approval of a plan is subject to conditions, the\nconditions must be included in the approval notice for the plan.\n(3) An approval notice for a plan must be accompanied by a statement\nof reasons for the approval that includes information about:\n(a) how the plan meets the approval criteria; and\n(b) the manner in which the Minister has taken into account the\nprinciples of ecologically sustainable development when\nconsidering whether or not the plan meets the approval\ncriteria.\n13 Refusal notice and statement of reasons\n(1) A refusal notice is a notice of the Minister's refusal to approve an\nenvironment management plan under regulation 11.\n(2) A refusal notice for a plan must be accompanied by a statement of\nreasons for the refusal that includes the following:\n(a) the reasons why the Minister is not reasonably satisfied that\nthe environment management plan meets the approval\ncriteria;\n(b) the manner in which the Minister has taken into account the\nprinciples of ecologically sustainable development when\nconsidering whether or not the plan meets the approval\ncriteria.\n\nPart 2 Environment management plans\nDivision 3 Current plan – revision\nPetroleum (Environment) Regulations 2016 14\n14 Duration of current plan\nUnless the approval of a current plan is revoked under Division 6,\nthe plan remains in force until:\n(a) an interest holder for the plan gives the Minister a notice that:\n(i) the regulated activity to which the plan relates is no\nlonger being carried out; and\n(ii) all of the environmental outcomes and the interest\nholder's obligations under the plan have been met; and\n(b) the Minister gives notice to the interest holder specifying that\nthe holder's notice is accepted and the plan has ceased to be\nin force.\n14A Transfer of petroleum interest\n(1) A current plan continues to apply in relation to a petroleum interest\nif an interest in the petroleum interest is transferred to another\nperson.\n(2) Subregulation (1) does not prevent a revised plan being approved\nunder Division 3.\nDivision 3 Current plan – revision\n15 Application of Divisions 1 and 2\nDivisions 1 and 2 apply in relation to a proposed revision of a\ncurrent plan as if it were the original environment management plan\nsubmitted under regulation 6.\n16 Form of proposed revision\n(1) A proposed revision of a current plan must be in the form of a\nrevised environment management plan or, if approved, a revised\npart of the plan.\n(2) If a proposed revision is in the form of a revised part of the current\nplan:\n(a) Divisions 1 and 2 apply in relation to that part (with the\nnecessary changes) as if it were the whole plan; but\n(b) the Minister must be satisfied that the whole plan, as it is\nproposed to be revised, meets the approval criteria before the\nMinister may approve the proposed revision.\n\nPart 2 Environment management plans\nDivision 3 Current plan – revision\nPetroleum (Environment) Regulations 2016 15\n17 Revision required for new or increased environmental impact\nor environmental risk\n(1) This regulation applies if there has been:\n(a) a new environmental impact or environmental risk not\nprovided for in the current plan for the activity; or\n(b) an increase, not provided for in the current plan for the activity,\nin an existing environmental impact or environmental risk.\n(2) The interest holder must submit to the Minister, for approval, a\nproposed revision of the current plan no later than 30 days after the\noccurrence in subregulation (1)(a) or (b) has occurred.\n(3) An interest holder commits an offence if the interest holder is\nrequired to comply with subregulation (2) and the interest holder\ncontravenes that requirement.\nMaximum penalty: 100 penalty units.\n(4) An offence against subregulation (3) is an offence of strict liability.\n18 Revision required at end of each 5 year period\n(1) An interest holder for a current plan must submit to the Minister, for\napproval, a proposed revision of the current plan at least 90 days\nbefore the end of each period of 5 years, starting on the latest of\nthe following:\n(a) the day on which the interest holder is given the original\napproval notice for the plan;\n(b) the day on which the interest holder is given an approval\nnotice relating to a proposed revision of the plan submitted for\napproval as required by this regulation;\n(c) in relation to a proposed revision approved by the Minister\nfollowing its submission as required by any other provision of\nthis Division – the day specified in a notice given to the\ninterest holder by the Minister.\n(2) An interest holder commits an offence if the interest holder is\nrequired to comply with subregulation (1) and the interest holder\ncontravenes that requirement.\nMaximum penalty: 100 penalty units.\n(3) An offence against subregulation (2) is an offence of strict liability.\n\nPart 2 Environment management plans\nDivision 3 Current plan – revision\nPetroleum (Environment) Regulations 2016 16\n19 Minister may require revision\n(1) This regulation applies if the Minister is reasonably satisfied that a\ncurrent plan for a regulated activity requires revision.\n(2) The Minister must give the interest holder a notice (a revision\nnotice) requiring the holder to submit to the Minister a proposed\nrevision of the current plan.\n(3) The revision notice must specify:\n(a) the proposed revision that is required; and\n(b) the period, of not less than 21 days after receipt of the notice,\nwithin which the interest holder must:\n(i) submit the proposed revision; or\n(ii) make a submission under regulation 20; and\n(c) the reason for the requirement.\n(4) Despite subregulation (3)(b), the Minister may, on written\napplication by the interest holder made within the 21 days\nmentioned in that provision, extend the specified period.\n(5) An interest holder commits an offence if the interest holder is given\na revision notice and the interest holder contravenes that notice.\nMaximum penalty: 100 penalty units.\n(6) An offence against subregulation (5) is an offence of strict liability.\n20 Submission by interest holder about revision required by\nMinister\n(1) An interest holder given a revision notice under regulation 19(2)\nmay make a written submission to the Minister stating reasons:\n(a) why the revision required by the Minister should not be made;\nor\n(b) why the proposed revision should be different from the\nrevision required by the Minister.\n\nPart 2 Environment management plans\nDivision 4 Current plan – modification or change\nPetroleum (Environment) Regulations 2016 17\n(2) If the submission is made within the time specified in the revision\nnotice, or as extended under regulation 19(4), the Minister must\nmake a decision whether a revision is still required and:\n(a) if a revision is no longer required – give the interest holder\nnotice of the decision, including a statement withdrawing the\nrequirement for the proposed revision; and\n(b) if a revision is still required, either as originally specified or as\nmodified – give notice of the decision, including:\n(i) the reasons for the revision; and\n(ii) the proposed revision that is required; and\n(iii) the period, of not less than 21 days after receipt of the\nnotice, within which the interest holder must submit the\nproposed revision.\n(3) An interest holder commits an offence if the interest holder is given\na notice of a decision under subregulation (2)(b) and the interest\nholder contravenes a requirement in that notice.\nMaximum penalty: 100 penalty units.\n(4) An offence against subregulation (3) is an offence of strict liability.\n21 Effect of refusal to approve proposed revision\nIf the Minister refuses to approve a proposed revision of a current\nplan, the provisions of the current plan remain in force, subject to\nthese Regulations (in particular, Division 6), as if the revision had\nnot been proposed.\nDivision 4 Current plan – modification or change\n22 Modification to regulated activity\n(1) This regulation applies if an interest holder for a current plan\nproposes to modify the regulated activity to which the plan relates in\na manner that will not require a revision of the plan.\n(2) Before the interest holder modifies the regulated activity, the holder\nmust give the Minister a notice that specifies details of the proposed\nmodification.\n\nPart 2 Environment management plans\nDivision 5 Publication of current plans and other information\nPetroleum (Environment) Regulations 2016 18\n(3) An interest holder commits an offence if the interest holder is\nrequired to comply with subregulation (2) and the interest holder\ncontravenes that requirement.\nMaximum penalty: 100 penalty units.\n(4) An offence against subregulation (3) is an offence of strict liability.\n23 Change in existing environment\n(1) This regulation applies if:\n(a) there is a change in the existing environment that is described\nin a current plan, as required by Schedule 1, clause 2; and\n(b) the change will not require a revision of the plan.\n(2) Within 30 days after the change occurs, the interest holder for the\ncurrent plan must give the Minister a notice that specifies details of\nthe change.\n(3) An interest holder commits an offence if the interest holder is\nrequired to comply with subregulation (2) and the interest holder\ncontravenes that requirement.\nMaximum penalty: 100 penalty units.\n(4) An offence against subregulation (3) is an offence of strict liability.\nDivision 5 Publication of current plans and other information\n24 Publication of current plan and statement of reasons\nWithin 14 days after the Minister gives an interest holder an\napproval notice for an environment management plan, the Minister\nmust publish:\n(a) the current plan to which the notice applies; and\n(b) the statement of reasons that accompanied the notice.\n25 Publication of reports relating to environmental matters\n(1) Within 14 days after an interest holder gives the Minister a report\nabout environmental matters, the Minister must publish the report.\n(2) For subregulation (1), a report about environmental matters is a\nreport for which arrangements are specified in a current plan for\nrecording, monitoring and reporting particular information, as\nrequired by Schedule 1, clause 11.\n\nPart 2 Environment management plans\nDivision 6 Revocation of approval of current plan\nPetroleum (Environment) Regulations 2016 19\n26 Method of publication and confidentiality\n(1) The Minister may publish a document mentioned in this Division in\nany manner the Minister considers appropriate.\n(2) However, the Minister:\n(a) must withhold from the public information of a commercially\nconfidential nature; and\n(b) may withhold other information from the public if satisfied\nthere are reasonable grounds for doing so.\nDivision 6 Revocation of approval of current plan\n27 Decision to revoke approval\n(1) The Minister may revoke the approval of a current plan if:\n(a) the Minister is reasonably satisfied that:\n(i) an interest holder for the plan, or another person to\nwhom the plan relates, has contravened\nsection 117AAB(1), (3), (5), (6) or (7) of the Act or\nregulation 31(1) or 32(1); or\n(ia) an interest holder for the plan, or another person to\nwhom the plan relates, was given an infringement notice\nfor an infringement notice offence against\nregulation 31(1) and paid the prescribed amount in\nrespect of the alleged offence; or\n(ii) an interest holder for the plan has contravened a\nrequirement under Division 3 for a revision of a current\nplan; or\n(iii) an interest holder for the plan, or another person to\nwhom the plan relates, has contravened a provision of\nan approved access agreement to which the interest\nholder or other person is a party; or\n(iv) an interest holder for the plan, or another person to\nwhom the plan relates, has contravened a regulation in\nPart 4, Division 10 of the Petroleum Regulations 2020;\nor\n\nPart 2 Environment management plans\nDivision 6 Revocation of approval of current plan\nPetroleum (Environment) Regulations 2016 20\n(v) an interest holder for the plan, or another person to\nwhom the plan relates, was given a notice under\nregulation 62 of the Petroleum Regulations 2020 and\npaid the amount prescribed in respect of the alleged\noffence; or\n(b) the Minister has refused to approve a proposed revision of the\nplan and no application for a review of the decision has been\nmade under regulation 29 within the period allowed for a\nreview.\n(2) However, the Minister must not make a decision to revoke the\napproval of a current plan until the Minister has given notice of the\nintention to revoke, and followed all the steps, under regulation 28.\n(3) If, after following those steps, the Minister decides to revoke the\napproval, the Minister must give the interest holder a notice of that\ndecision.\n(4) The Minister may revoke the approval of a current plan for a reason\nmentioned in subregulation (1)(a), even though no person has been\nfound guilty of an offence in relation to a contravention mentioned in\nthe provision.\n(5) A person may be found guilty of an offence for a contravention\nmentioned in subregulation (1)(a) even though the approval of the\ncurrent plan has been revoked.\n(6) In this regulation:\napproved access agreement, see regulation 3 of the Petroleum\nRegulations 2020.\n28 Steps to be taken before making decision to revoke\n(1) If the Minister intends to revoke the approval of a current plan, the\nMinister must comply with subregulations (2), (4) and (5).\n(2) The Minister must give the interest holder at least 30 days notice of\nthe Minister's intention.\n(3) The Minister may give a copy of the notice to any other persons the\nMinister considers should receive the notice.\n(4) The Minister must specify in the notice:\n(a) the reasons why the Minister intends to revoke the approval;\nand\n\nPart 2 Environment management plans\nDivision 7 Review of decisions\nSubdivision 2 Review by Tribunal\nPetroleum (Environment) Regulations 2016 21\n(b) a date before which the interest holder, or another person\ngiven the notice, may give the Minister a written submission of\nmatters to be taken into account in relation to the revocation.\n(5) The Minister must take into account:\n(a) each submission given to the Minister before the date\nspecified in the notice; and\n(b) any action taken by the interest holder to cease or prevent the\nrecurrence of the contravention, or deal with the matter, that\ngave the Minister reasons to revoke the approval.\nDivision 7 Review of decisions\nSubdivision 1 Judicial review\n29AA Judicial review of decision\nAny person may seek judicial review by the Supreme Court of a\ndecision specified in Schedule 1A, whether or not any right of the\nperson has been affected by, or as a consequence of, the decision.\nNote for regulation 29AA\nOrder 56 of the Supreme Court Rules 1987 applies in relation to judicial review.\nSubdivision 2 Review by Tribunal\n29 Review by Tribunal\n(1) The Tribunal has jurisdiction to review a decision or determination\n(a reviewable decision) specified in Schedule 2.\n(2) An interested person, for a reviewable decision, is a person\nspecified in Schedule 2 for the decision.\n(3) An interested person for a reviewable decision may apply to the\nTribunal for review of the reviewable decision.\nNote for subregulation (3)\nThe Northern Territory Civil and Administrative Tribunal Act 2014 sets out the\nprocedure for applying to the Tribunal for review and other relevant matters in\nrelation to reviews.\n\nPart 2 Environment management plans\nDivision 8 Offences\nPetroleum (Environment) Regulations 2016 22\nDivision 8 Offences\n30 Requirement for current plan\n(1) A person commits an offence if:\n(a) the person intentionally engages in conduct; and\n(b) the conduct is part of carrying out a regulated activity and the\nperson is reckless in relation to that circumstance; and\n(c) there is no current plan for the activity.\nMaximum penalty: 2 000 penalty units.\n(2) Strict liability applies to subregulation (1)(c).\n(3) A person commits an offence if the person carries out a regulated\nactivity for which there is no current plan.\nMaximum penalty: 200 penalty units.\n(4) An offence against subregulation (3) is an offence of strict liability.\n(5) It is a defence to a prosecution for an offence against\nsubregulation (1) or (3) if the defendant took reasonable steps and\nexercised due diligence to prevent the commission of the offence.\nNote for subregulation (5)\nThe defendant has an evidential burden in relation to the matters in\nsubregulation (5) (see section 43BU of the Criminal Code).\n31 Compliance with current plan\n(1) A person commits an offence if:\n(a) the person intentionally engages in conduct; and\n(b) the conduct is part of carrying out a regulated activity and the\nperson is reckless in relation to that circumstance; and\n(c) the person is the holder of a current plan for the activity; and\n(d) the conduct results in a contravention of the plan and the\nperson is reckless in relation to that result.\nMaximum penalty: 2 000 penalty units.\n(2) Strict liability applies to subregulation (1)(c).\n\nPart 2 Environment management plans\nDivision 8 Offences\nPetroleum (Environment) Regulations 2016 23\n(3) A person commits an offence if the person carries out a regulated\nactivity in a manner which contravenes a current plan.\nMaximum penalty: 200 penalty units.\n(4) An offence against subregulation (3) is an offence of strict liability.\n(5) It is a defence to a prosecution for an offence against\nsubregulation (1) or (3) if the activity is carried out in a manner that\nis consistent with a modification notified under regulation 22.\nNote for subregulation (5)\nThe defendant has an evidential burden in relation to the matters in\nsubregulation (5) (see section 43BU of the Criminal Code).\n(6) It is a defence to a prosecution for an offence against this regulation\nif the defendant took reasonable steps and exercised due diligence\nto prevent the commission of the offence.\nNote for subregulation (6)\nThe defendant has an evidential burden in relation to the matters in\nsubregulation (6) (see section 43BU of the Criminal Code).\n32 New or increased environmental impact or environmental risk\n(1) A person commits an offence if:\n(a) the person carries out a regulated activity; and\n(b) either of the following circumstances occurs:\n(i) a significant new environmental impact or environmental\nrisk results from the activity;\n(ii) a significant increase in an existing environmental\nimpact or environmental risk results from the activity;\nand\n(c) the circumstance is not provided for in the current plan.\nMaximum penalty: 200 penalty units.\n(2) Subregulation (1) does not apply in relation to an activity if the\ninterest holder submits a proposed revision of the environment\nmanagement plan in respect of the circumstances mentioned in\nsubregulation (1)(b) and the Minister has not refused to approve the\nplan.\n\nPart 3 Reportable incidents, recordable incidents and records\nDivision 1 Reportable incidents and recordable incidents\nPetroleum (Environment) Regulations 2016 24\n32A Criminal liability of executive officer of body corporate\nFor section 115(1)(b) of the Act, regulations 30 and 31 are\nprescribed.\nPart 3 Reportable incidents, recordable incidents and\nrecords\nDivision 1 Reportable incidents and recordable incidents\n33 Notice of reportable incident\n(1) An interest holder for a regulated activity must give the Minister\nnotice of a reportable incident in accordance with this regulation.\n(3) Notice of the reportable incident:\n(a) must be given to the Minister as soon as practicable but not\nlater than 2 hours after:\n(i) the incident first occurred; or\n(ii) if the incident was not detected by the interest holder at\nthe time it first occurred – the time the interest holder\nbecame aware of the reportable incident; and\n(b) may be given orally or in writing; and\n(c) must specify:\n(i) the contact details of the interest holder; and\n(ii) all material facts and circumstances about the reportable\nincident that the interest holder knows or is able, by\nreasonable search or enquiry, to find out; and\n(iii) information about any action taken to avoid or mitigate\nmaterial environmental harm or significant environmental\nharm in relation to the reportable incident; and\n(iv) information about the corrective action that has been\ntaken, or is proposed to be taken, to prevent a similar\nreportable incident.\n(4) If the interest holder gives notice of the reportable incident orally,\nthe holder must, not later than 24 hours after giving oral notice, give\nthe Minister a written notice about the reportable incident specifying\nall the matters mentioned in subregulation (3)(c).\n\nPart 3 Reportable incidents, recordable incidents and records\nDivision 1 Reportable incidents and recordable incidents\nPetroleum (Environment) Regulations 2016 25\n(5) An interest holder commits an offence if the interest holder is\nrequired to give a notice to the Minister under this regulation and\nthe interest holder contravenes that requirement.\nMaximum penalty: 200 penalty units.\n(6) An offence against subregulation (5) is an offence of strict liability.\n34 Report about reportable incident\n(1) An interest holder for a regulated activity must give the Minister\nwritten reports about a reportable incident in accordance with this\nregulation.\n(3) An initial report about a reportable incident:\n(a) must be given to the Minister as soon as practicable but not\nlater than 3 days after the reportable incident first occurs; and\n(b) must include comprehensive details about the following:\n(i) the results of any assessment or investigation of the\nconditions or circumstances that caused or contributed\nto the occurrence of the reportable incident, including an\nassessment of the effectiveness of the designs,\nequipment, procedures and management systems that\nwere in place to prevent the occurrence of an incident of\nthat nature;\n(ii) the nature and extent of the material environmental harm\nor significant environmental harm that the incident\ncaused or had the potential to cause;\n(iii) any actions taken, or proposed to be taken, to clean up\nor rehabilitate an area affected by the incident;\n(iv) any actions taken, or proposed to be taken, to prevent a\nrecurrence of an incident of a similar nature.\n(4) A final report about a reportable incident must be given to the\nMinister as soon as practicable but no later than 30 days after the\nclean up or rehabilitation of the area affected by the reportable\nincident is completed.\n(5) The final report must include a root cause analysis of the reportable\nincident.\n(6) During the period between giving the initial report and the final\nreport, the interest holder must give the Minister interim reports that\ninclude further information about the matters mentioned in\n\nPart 3 Reportable incidents, recordable incidents and records\nDivision 1 Reportable incidents and recordable incidents\nPetroleum (Environment) Regulations 2016 26\nsubregulation (3)(b) and any other matters relevant to the\nreportable incident.\n(7) Interim reports must be given to the Minister:\n(a) at intervals agreed in writing between the interest holder and\nthe Minister; or\n(b) if there is no written agreement – at intervals of 90 days,\nstarting on the day on which the initial report was given.\n(8) An interest holder commits an offence if the interest holder is\nrequired to give a report to the Minister under this regulation and\nthe interest holder contravenes:\n(a) that requirement; or\n(b) any other requirement that relates to the report under this\nregulation.\nMaximum penalty: 200 penalty units.\n(9) An offence against subregulation (8) is an offence of strict liability.\n35 Report about recordable incident\n(1) An interest holder for a regulated activity must give the Minister a\nwritten report about a recordable incident in accordance with this\nregulation.\n(3) A report about recordable incidents:\n(a) must relate to each reporting period for the regulated activity;\nand\n(b) must be given as soon as practicable but not later than\n15 days after the end of the reporting period; and\n(c) must contain:\n(i) a record of all recordable incidents that occurred during\nthe reporting period; and\n(ii) all material facts and circumstances concerning the\nrecordable incidents that the interest holder knows or is\nable, by reasonable search or enquiry, to find out; and\n(iii) any action taken to avoid or mitigate any environmental\nimpacts and environmental risks of the recordable\nincidents; and\n\nPart 3 Reportable incidents, recordable incidents and records\nDivision 2 Records\nPetroleum (Environment) Regulations 2016 27\n(iv) the corrective action that has been taken, or is proposed\nto be taken, to prevent similar recordable incidents.\n(3A) An interest holder commits an offence if the interest holder is\nrequired to give a report to the Minister under this regulation and\nthe interest holder contravenes that requirement.\nMaximum penalty: 100 penalty units.\n(3B) An offence against subregulation (3A) is an offence of strict liability.\n(4) In this regulation:\nreporting period means:\n(a) a period agreed in writing between the interest holder and the\nMinister; or\n(b) otherwise – each 90 day period after the day on which the\nenvironment management plan is approved.\n35A Publication of notices and reports\n(1) The Minister must publish the following documents:\n(a) written notice of a reportable incident under regulation 33;\n(b) a final report about a reportable incident under regulation 34;\n(c) a report about recordable incidents under regulation 35.\n(2) The document must be published, in any manner the Minister\nconsiders appropriate, as soon as practicable but no later than\n2 business days of the Minister receiving the notice or report.\n(3) In publishing the document, the Minister:\n(a) must withhold from the public information of a commercially\nconfidential nature; and\n(b) may withhold other information from the public if satisfied\nthere are reasonable grounds for doing so.\nDivision 2 Records\n36 Records to be kept\n(1) An interest holder for a regulated activity must keep the prescribed\nrecords for the activity:\n(a) in Australia; and\n\nPart 3 Reportable incidents, recordable incidents and records\nDivision 2 Records\nPetroleum (Environment) Regulations 2016 28\n(b) for the longer of the following periods:\n(i) 5 years following the period during which the petroleum\ninterest for the activity is in force;\n(ii) 15 years after the record comes into existence; and\n(c) in a manner that makes retrieval of the record reasonably\npracticable.\n(3) For subregulation (1), the prescribed records for the activity are\nthe following documents:\n(a) the original environment management plan, as approved by\nthe Minister;\n(b) each revision of the plan, as approved by the Minister;\n(c) reports, including monitoring, audit and review reports, about\nenvironmental performance or the implementation strategy\nunder the plan;\n(d) records of emissions and discharges into the environment\nmade in accordance with the plan;\n(e) records of calibration and maintenance of monitoring devices\nused in accordance with the plan;\n(f) records of, and copies of reports about, reportable incidents\nand recordable incidents;\n(g) certificates associated with the disposal of waste;\n(h) information or records relating to stakeholder engagement;\n(i) all documents developed or received by the interest holder in\nrelation to matters to which these Regulations apply;\n(j) records of any other documents the interest holder is required\nby these Regulations to keep.\n(4) Reports mentioned in subregulation (3)(c) must include details of\nthe methodology used for, and the results of, all monitoring and\nsampling activities, including raw data.\n(5) An interest holder commits an offence if the interest holder fails to\nkeep prescribed records in accordance with the requirements of this\nregulation.\nMaximum penalty: 100 penalty units.\n\nPart 3A Reporting requirements for hydraulic fracturing\nPetroleum (Environment) Regulations 2016 29\n(6) An offence against subregulation (5) is an offence of strict liability.\n37 Making prescribed records available\n(1) The Minister or an inspector may direct an interest holder to make\navailable copies of the prescribed records mentioned in\nregulation 36(3).\n(4) The copies must be made available:\n(a) if there is an emergency in relation to the activity – as soon as\npossible at any time of the day or night on any day during the\noccurrence of the emergency; or\n(b) otherwise – during normal business hours.\n(5) The copies must be made available (including by means of\nelectronic transmission):\n(a) at the Agency's address; or\n(b) if agreed between the interest holder and the person making\nthe request – at any other place.\n(6) If a record is kept in a computer, the copy must be made available\nto the person who requested the record:\n(a) in electronic form that is readable by that person; or\n(b) if requested by that person – in print-out form.\n(7) An interest holder commits an offence if:\n(a) the interest holder is given a direction under subregulation (1);\nand\n(b) the interest holder contravenes the direction.\nMaximum penalty: 100 penalty units.\n(8) An offence against subregulation (7) is an offence of strict liability.\nPart 3A Reporting requirements for hydraulic\nfracturing\n37A Report about flowback fluid\n(1) An interest holder in relation to an activity that includes hydraulic\nfracturing must give the Minister a report about flowback fluid within\n6 months of the flowback occurring.\n\nPart 3A Reporting requirements for hydraulic fracturing\nPetroleum (Environment) Regulations 2016 30\n(2) The report must contain the following information:\n(a) the identity of any chemical or NORM found in the flowback\nfluid;\n(b) the concentration of any chemical or NORM found in the\nflowback fluid;\n(c) details regarding how any chemical or NORM has been or will\nbe managed;\n(d) details regarding how any chemical or NORM has been or will\nbe transported;\n(e) details regarding how any chemical or NORM has been or will\nbe treated;\n(f) details regarding any action proposed to be taken to prevent\nany chemical or NORM spill;\n(g) details of the emergency contingency plan included in the\nenvironment management plan to which the activity relates;\n(h) the requirements in relation to the management of any\nchemical or NORM of the prescribed chemical legislation.\nNote for subregulation (2)(c)\nManaged includes handling, collecting and storing any chemical or NORM.\n(2A) A report under subregulation (2) must be accompanied by a full\nhuman health risk assessment relating to any chemical found in the\nflowback fluid.\n(3) An interest holder commits an offence if the interest holder is\nrequired to give a report and assessment to the Minister under this\nregulation and the interest holder contravenes that requirement.\nMaximum penalty: 200 penalty units.\n(4) An offence against subregulation (3) is an offence of strict liability.\n(5) The Minister must publish the report on the Agency's website within\n5 business days after receiving the report.\n(6) In this regulation:\nflowback fluid means fluid that is a mixture of hydraulic fracturing\nfluid and formation fluid that is allowed to flow from the well\nfollowing hydraulic fracturing.\n\nPart 3A Reporting requirements for hydraulic fracturing\nPetroleum (Environment) Regulations 2016 31\n37B Report about produced water\n(1) An interest holder in relation to an activity that includes hydraulic\nfracturing must give the Minister a report about produced water\nwithin 6 months of the produced water being extracted.\n(2) The report must contain the following information:\n(a) the identity of any chemical or NORM found in the produced\nwater;\n(b) the concentration of any chemical or NORM found in the\nproduced water;\n(c) details regarding how any chemical or NORM has been or will\nbe managed;\n(d) details regarding how any chemical or NORM has been or will\nbe transported;\n(e) details regarding how any chemical or NORM has been or will\nbe treated;\n(f) details regarding any action proposed to be taken to prevent\nany chemical or NORM spill;\n(g) details of the emergency contingency plan included in the\nenvironment management plan to which the activity relates;\n(h) the requirements in relation to the management of any\nchemical or NORM of the prescribed chemical legislation.\nNote for subregulation (2)(c)\nManaged includes handling, collecting and storing any chemical or NORM.\n(2A) A report under subregulation (2) must be accompanied by a full\nhuman health risk assessment relating to any chemical found in the\nproduced water.\n(3) An interest holder commits an offence if the interest holder is\nrequired to give a report and assessment to the Minister under this\nregulation and the interest holder contravenes that requirement.\nMaximum penalty: 200 penalty units.\n(4) An offence against subregulation (3) is an offence of strict liability.\n(5) The Minister must publish the report on the Agency's website within\n5 business days after receiving the report.\n\nPart 4 Infringement notice offences\nPetroleum (Environment) Regulations 2016 32\n(6) In this regulation:\nproduced water means naturally occurring water that is extracted\nfrom the geological formation following hydraulic fracturing.\nPart 4 Infringement notice offences\n38 Infringement notice offence and prescribed amount payable\n(1) An infringement notice offence is an offence against a provision\nspecified in Schedule 3.\n(2) The prescribed amount for an infringement notice offence is the\namount equal to the monetary value of the number of penalty units\nspecified for the offence in Schedule 3.\n39 When infringement notice may be given\nIf an inspector believes on reasonable grounds that a person has\ncommitted an infringement notice offence, the inspector may give a\nnotice (an infringement notice) to the person.\n40 Contents of infringement notice\n(1) The infringement notice must specify the following:\n(a) the name and address of the person, if known;\n(b) the date the infringement notice is given to the person;\n(c) the date, time and place of the infringement notice offence;\n(d) a description of the offence;\n(e) the prescribed amount payable for the offence;\n(f) the enforcement agency, as defined in the Fines and Penalties\n(Recovery) Act 2001, to whom the prescribed amount is\npayable.\n(2) The infringement notice must include a statement to the effect of\nthe following:\n(a) the person may expiate the infringement notice offence and\navoid any further action in relation to the offence by paying the\nprescribed amount to the specified enforcement agency within\n28 days after the notice is given;\n\nPart 4 Infringement notice offences\nPetroleum (Environment) Regulations 2016 33\n(b) the person may elect under section 21 of the Fines and\nPenalties (Recovery) Act 2001 to have the matter dealt with by\na court instead of under that Act by completing a statement of\nelection and giving it to the specified enforcement agency;\n(c) if the person does nothing in response to the notice,\nenforcement action may be taken under the Fines and\nPenalties (Recovery) Act 2001, including (but not limited to)\naction for the following:\n(i) suspending the person's licence to drive;\n(ii) seizing personal property of the person;\n(iii) deducting an amount from the person's wages or salary;\n(iv) registering a statutory charge on land owned by the\nperson;\n(v) making a community work order for the person and\nimprisonment of the person if the person breaches the\norder.\n(3) Also, the infringement notice must include an appropriate form for\nmaking the statement of election mentioned in subregulation (2)(b).\n41 Electronic payment and payment by cheque\n(1) If the person uses electronic means to pay the prescribed amount,\npayment is not effected until the amount is credited to the bank\naccount of the enforcement agency to which the amount is payable.\n(2) If the person tenders a cheque in payment of the prescribed\namount, the payment is not effective unless the cheque is cleared\non first presentation.\n42 Withdrawal of infringement notice\n(1) The Chief Executive Officer may withdraw the infringement notice\nby notice given to the person.\n(2) The notice must be given:\n(a) within 28 days after the infringement notice is given to the\nperson; and\n(b) before payment of the prescribed amount.\n\nPart 5 Transitional matters for Petroleum (Environment) Amendment Regulations\n2019\nPetroleum (Environment) Regulations 2016 34\n43 Application of Part\n(1) This Part does not prejudice or affect the start or continuation of\nproceedings for an infringement notice offence for which an\ninfringement notice has been given unless the offence is expiated.\n(2) Also, this Part does not:\n(a) require an infringement notice to be given; or\n(b) affect the liability of a person to be prosecuted in a court for an\noffence for which an infringement notice has not been\ngiven; or\n(c) prevent more than one infringement notice for the same\noffence being given to a person.\n(3) If more than one infringement notice for the same offence has been\ngiven to a person, the person may expiate the offence by paying\nthe prescribed amount in accordance with any of the notices.\nPart 5 Transitional matters for Petroleum\n(Environment) Amendment Regulations 2019\n44 Definitions\nIn this Part:\namending Regulations means the Petroleum (Environment)\nAmendment Regulations 2019.\ncommencement means the commencement of the amending\nRegulations.\n45 Application of amending Regulations to existing regulated\nactivities\n(1) This regulation applies if the environment management plan for a\nregulated activity was approved before the commencement.\n(2) The interest holder for the plan may carry out the regulated activity\nafter the commencement in accordance with the plan as approved\nbefore the commencement.\n(3) A revision to the plan under regulation 19 must not include a\nrequirement to meet the approval criteria in regulation 9, as in force\nafter the commencement, irrespective of whether the revision\noccurs after the commencement.\n\nPart 6 Transitional matters for Environment Protection Act 2019\nPetroleum (Environment) Regulations 2016 35\n46 Application of amending Regulations to environment\nmanagement plan not yet approved\n(1) This regulation applies if:\n(a) an interest holder has submitted an environment management\nplan for the activity before the commencement; and\n(b) the Minister had not made a decision under regulation 11 in\nrelation to the plan before the commencement.\n(2) The Minister must not approve the plan under regulation 11 unless\nthe Minister is reasonably satisfied that the plan meets the approval\ncriteria in regulation 9, as in force after the commencement.\nPart 6 Transitional matters for Environment\nProtection Act 2019\n47 Definition\nIn this Part:\ncommencement means the commencement of section 294 of the\nEnvironment Protection Act 2019.\n48 Environmental assessment completed before commencement\n(1) This regulation applies if:\n(a) an application for approval of an environment management\nplan for an activity was made before the commencement; and\n(b) an environmental assessment of the activity was completed\nunder the Environmental Assessment Act 1982 before the\ncommencement; and\n(c) the environment management plan was not approved before\nthe commencement.\n(2) These regulations as in force immediately before the\ncommencement continue to apply to the determination of the\napplication for the approval of the environment management plan.\n\nSchedule 1 Information to be included in environment management plan\nPetroleum (Environment) Regulations 2016 36\nSchedule 1 Information to be included in environment\nmanagement plan\nregulation 9\nPart 1 Regulated activity and environment\n1 Description of regulated activity\nA plan must give a comprehensive description of the regulated\nactivity to which it relates and include:\n(a) the location (or locations) of the activity; and\n(b) general details of the construction and layout of any facility\nassociated with the activity; and\n(c) an outline of, and proposed timetable for, the operational\ndetails of the activity.\n2 Description of existing environment\nA plan must include:\n(a) a description of the existing environment that may be affected\nby the regulated activity described in the plan; and\n(b) details of any particular values and sensitivities of that\nenvironment relevant to the activity; and\n(c) details of any uncertainties or lack of understanding in relation\nto that environment.\n3 Assessment of environmental impacts and environmental\nrisks\n(1) A plan must include:\n(a) details of all environmental impacts and environmental risks of\nthe regulated activity described in the plan and an assessment\nof those impacts and risks; and\n(b) a description of the process used to assess the environmental\nimpacts and environmental risks.\n\nSchedule 1 Information to be included in environment management plan\nPetroleum (Environment) Regulations 2016 37\n(2) The assessment mentioned in subclause (1)(a) must be of:\n(a) all the environmental impacts and environmental risks arising\ndirectly or indirectly from:\n(i) all aspects of the regulated activity; and\n(ii) potential emergency conditions, whether resulting from\nan incident or any other reason; and\n(b) the cumulative effects of those impacts and risks when\nconsidered with each other and in conjunction with any other\nactivities or events that occurred or may occur in or near the\npermit area for the regulated activity.\nExample for clause 3(2)(b) of other activities or events\nActivities or events associated with:\n(a) other exploration for, or production of, petroleum; or\n(b) the exploration for, or extraction of, minerals or extractive minerals.\n4 Environmental outcomes and environmental performance\nstandards\nA plan must specify:\n(a) the environmental outcomes in relation to the regulated\nactivity described in the plan; and\n(b) the environmental performance standards against which the\nperformance of the interest holder in achieving the\nenvironmental outcomes can be measured; and\n(c) the measurement criteria to be used to ensure the\nenvironmental outcomes and environmental performance\nstandards are met.\n4A Chemicals used in the course of hydraulic fracturing\n(1) If the activity is hydraulic fracturing, a plan must specify the\nfollowing information in relation to any chemical or other substance\nthat may be in, or added to, any treatment fluids to be used in the\ncourse of the activity:\n(a) the identity of the chemical or other substance;\n(b) the volume of the chemical or other substance;\n(c) the concentration of the chemical or other substance;\n(d) the purpose of the chemical or other substance;\n\nSchedule 1 Information to be included in environment management plan\nPetroleum (Environment) Regulations 2016 38\n(e) details regarding how the chemical or other substance will be\nmanaged;\n(f) details regarding how the chemical or other substance will be\ntransported on-site;\n(g) details regarding any action proposed to be taken to prevent a\nspill of the chemical or other substance;\n(h) the requirements in relation to the management of the\nchemical or other substance of the prescribed chemical\nlegislation.\nNote for clause 4A(1)(e)\nManaged includes handling, collecting and storing any chemical or other\nsubstance.\n(2) A plan under subclause (1) must be accompanied by a full human\nhealth risk assessment relating to the chemicals or other\nsubstances used in the course of hydraulic fracturing.\nPart 2 Implementation strategy\n5 Requirement for implementation strategy\nA plan must include an implementation strategy, in accordance with\nthis Part, for the regulated activity described in the plan.\n6 Details of systems, monitoring, tests etc.\n(1) An implementation strategy must provide for:\n(a) ongoing monitoring and review of the strategy; and\n(b) monitoring, recording, audit and management of\nnon-conformance with the plan and review of the interest\nholder's environmental performance.\n(2) The implementation strategy must give details of:\n(a) the specific systems, practices and procedures to be used to\nensure that the environmental outcomes and environmental\nperformance standards in the plan are met; and\n(b) the following, as relevant to the regulatory activity described in\nthe plan:\n(i) the monitoring of its environmental impact;\n\nSchedule 1 Information to be included in environment management plan\nPetroleum (Environment) Regulations 2016 39\n(ii) the monitoring of emissions and discharges (whether\noccurring during normal operations or otherwise);\n(iii) the carrying out and recording of the monitoring\nmentioned in this paragraph in a manner that is accurate\nand can be audited against the environmental\nperformance standards and measurement criteria\nspecified in the plan, and the intervals at which each\ntype of monitoring will be carried out;\n(iv) tests to be carried out to assess the performance and\naccuracy of the equipment used for the monitoring\nmentioned in this paragraph, and the intervals at which\nthe tests are to be carried out.\n7 Personnel\nAn implementation strategy must:\n(a) establish a clear chain of command, including during\nemergencies or potential emergencies; and\n(b) set out the roles and responsibilities of personnel in relation to\nthe implementation, management and review of the plan; and\n(c) specify measures to ensure that each employee or contractor\nworking on, or in connection with, the regulated activity\ndescribed in the plan:\n(i) is aware of his or her responsibilities in relation to the\nplan, including during emergencies or potential\nemergencies; and\n(ii) has the appropriate competencies and training.\n8 Emergency contingency plan\nAn implementation strategy must include:\n(a) a contingency plan that specifies arrangements for the\nresponse to emergencies or potential emergencies; and\n(b) provisions for the implementation and maintenance of the\ncontingency plan.\n\nSchedule 1 Information to be included in environment management plan\nPetroleum (Environment) Regulations 2016 40\nPart 3 Other matters\n9 Stakeholder engagement\n(1) A plan must include information about the stakeholder engagement\ncarried out by the interest holder that includes the following:\n(a) a list of the stakeholders and the stakeholder's contact details;\n(b) a copy of the information provided to the stakeholders by the\ninterest holder;\n(c) if written responses have been received from stakeholders – a\nsummary and copy of each response;\n(d) an assessment of the merits of any objection or claim made by\na stakeholder about the anticipated environmental impact of\nthe proposed regulated activity;\n(e) a statement of the interest holder's response, or proposed\nresponse, to each objection or claim made by a stakeholder;\n(f) a record of communications with stakeholders that is not\nmentioned in paragraph (b), (c) or (e), (for example, telephone\ndiscussions);\n(g) details of changes the interest holder made as a result of the\nstakeholder engagement.\n(2) A plan must also include information about future stakeholder\nengagement to be carried out by the interest holder.\n10 Legislative requirements\n(1) A plan must:\n(a) specify any legislative requirements applicable to the\nregulated activity described in the plan that are relevant to the\nprotection of the environment; and\n(b) demonstrate how those requirements will be met.\n(2) In this clause:\nlegislative requirements includes the requirement to comply with\nan approved code of practice.\n\nSchedule 1 Information to be included in environment management plan\nPetroleum (Environment) Regulations 2016 41\n11 Recording, monitoring and reporting\n(1) A plan must specify arrangements for:\n(a) recording, monitoring and reporting information about the\nregulated activity to which the plan relates in a manner that\nwill enable the Minister to determine whether the\nenvironmental outcomes and environmental performance\nstandards in the plan are being met; and\n(b) giving the Minister a report about the matters mentioned in\nparagraph (a), at approved intervals, but not less often than\nannually.\n(2) The information mentioned in subclause (1) includes information\nrequired to be recorded, monitored or reported under these\nRegulations or any other law in force in the Territory applying to the\nregulated activity.\n12 Notifying commencement of construction, drilling or seismic\nsurvey\nA plan must specify arrangements for the interest holder to notify\nthe following persons before the proposed date of commencement\nof construction, drilling or seismic surveys:\n(a) the Minister;\n(b) the occupier of the land on which the activity is to be carried\nout;\n(c) the owner of the land on which the activity is to be carried out\n(unless the owner is also the occupier).\n\nSchedule 1A Judicial Review of decision\nPetroleum (Environment) Regulations 2016 42\nSchedule 1A Judicial Review of decision\nregulation 29AA\nProvision Decision\nregulation 11 A decision to approve plan subject to conditions or\nrefuse to approve plan\nregulation 20 A decision that revision still required\nregulation 27 A decision to revoke approval of current plan\n\nSchedule 2 Reviewable decisions and interested persons\nPetroleum (Environment) Regulations 2016 43\nSchedule 2 Reviewable decisions and interested persons\nregulation 29\nReviewable decision Interested persons\nA decision of the Minister to issue a\nresubmission notice under\nregulation 11(2)(b)\nThe interest holder who submitted\nthe plan for approval\nA decision of the Minister to approve\nan environment management plan\nsubject to conditions\nThe interest holder who submitted\nthe plan for approval\nA decision of the Minister to refuse to\napprove an environment\nmanagement plan under\nregulation 11\nThe interest holder who submitted\nthe plan for approval\nA decision of the Minister to require a\nrevision of an environment\nmanagement plan under\nregulation 20(2)\nThe interest holder for the plan\nA decision of the Minister to revoke\nthe approval of a current plan under\nregulation 27(1)\nThe interest holder for the plan\n\nSchedule 3 Infringement notice offences and prescribed amounts\nPetroleum (Environment) Regulations 2016 44\nSchedule 3 Infringement notice offences and prescribed\namounts\nregulation 38\nProvision Prescribed amount\nin penalty units\nfor individual for body\ncorporate\nregulation 17(3) 3 15\nregulation 18(2) 3 15\nregulation 19(5) 3 15\nregulation 20(3) 3 15\nregulation 22(3) 1 5\nregulation 23(3) 1 5\nregulation 30(3) 5 25\nregulation 31(3) 5 25\nregulation 33(5) 5 25\nregulation 34(8) 5 25\nregulation 35(3A) 3 15\nregulation 36(5) 3 15\nregulation 37(7) 3 15\n\nENDNOTES\nPetroleum (Environment) Regulations 2016 45\nENDNOTES\n1 KEY\nKey to abbreviations\namd = amended od = order\napp = appendix om = omitted\nbl = by-law pt = Part\nch = Chapter r = regulation/rule\ncl = clause rem = remainder\ndiv = Division renum = renumbered\nexp = expires/expired rep = repealed\nf = forms s = section\nGaz = Gazette sch = Schedule\nhdg = heading sdiv = Subdivision\nins = inserted SL = Subordinate Legislation\nlt = long title sub = substituted\nnc = not commenced\n2 LIST OF LEGISLATION\nPetroleum (Environment) Regulations (SL No. 32, 2016)\nNotified 6 July 2016\nCommenced 6 July 2016\nPetroleum (Environment) Amendment Regulations (SL No. 27, 2018)\nNotified 19 December 2018\nCommenced 19 December 2018\nPetroleum (Environment) Further Amendment Regulations (SL No. 28, 2018)\nNotified 19 December 2018\nCommenced 19 December 2018\nPetroleum Legislation Amendment Act 2019 (Act No. 12, 2019)\nAssent date 9 April 2019\nCommenced 15 May 2019 (Gaz G20, 15 May 2019, p 9)\nPetroleum (Environment) Amendment Regulations 2019 (SL No. 7, 2019)\nNotified 11 June 2019\nCommenced 11 June 2019\nEnvironment Protection Act 2019 (Act No. 31, 2019)\nAssent date 9 October 2019\nCommenced 28 June 2020 (Gaz G17, 29 April 2020, p 2)\nAmending Legislation\nStatute Law Revision and Repeals Act 2019 (Act No. 33, 2019)\nAssent date 6 November 2019\nCommenced pts 2 and 3: 11 December 2019 (Gaz G50,\n11 December 2019, p 2); rem: 7 November 2019\n\nENDNOTES\nPetroleum (Environment) Regulations 2016 46\nPetroleum Legislation Miscellaneous Amendments Act 2020 (Act No. 12, 2020)\nAssent date 30 March 2020\nCommenced 28 June 2020 (Gaz G25, 24 June 2020, p 2)\nPetroleum (Environment) Amendment Regulations 2020 (SL No. 33, 2020)\nNotified 23 December 2020\nCommenced 1 January 2021 (r 2)\nPetroleum Legislation Amendment Act 2022 (Act No. 33, 2022)\nAssent date 16 December 2022\nCommenced 22 June 2023 (Gaz S42, 13 June 2023, p 1)\nPetroleum, Planning and Water Legislation Amendment Act 2025 (Act No. 7, 2025)\nAssent date 7 April 2025\nCommenced 8 April 2025 (s. 2)\n3 GENERAL AMENDMENTS\nGeneral amendments of a formal nature (which are not referred to in the table\nof amendments to this reprint) are made by the Interpretation Legislation\nAmendment Act 2018 (Act No. 22, 2018) to: rr 1, 3, 9, 29AA and 40.\n4 LIST OF AMENDMENTS\nr 3 amd No. 27, 2018, r 4; No. 28, 2018, r 4; Act No. 12, 2019, r 14; No. 7, 2019,\nr 4; Act No. 31, 2019, s 337; Act No. 12, 2020, s 29; Act No. 33, 2022, s 109\nr 4 rep Act No. 12, 2020, s 30\nr 4A ins No. 7, 2019, r 5\nsub Act No. 33, 2022, s 110\nr 5 amd Act No. 33, 2022, s 111\nr 5A ins Act No. 12, 2020, s 31\nr 6 amd Act No. 33, 2022, s 112\nr 8 amd No. 28, 2018, r 5\nrr 8A – 8B ins No. 27, 2018, r 5\nr 9 amd No. 7, 2019, r 6 Act No. 31, 2019, s 338; Act No. 12, 2020, s 32\nr 11 amd No. 27, 2018, r 6; No. 7, 2019, r 7\nr 12 amd Act No. 31, 2019, s 339\nr 13 amd Act No. 31, 2019, s 340\nr 14A ins Act No. 33, 2022, s 113\nr 17 amd Act No. 33, 2022, s 114\nr 18 amd Act No. 33, 2022, s 115\nr 19 amd Act No. 33, 2022, s 116\nr 20 amd Act No. 33, 2022, s 117\nr 22 amd Act No. 33, 2022, s 118\nr 23 amd Act No. 33, 2022, s 119\nr 27 amd No. 33, 2020, r 4; Act No. 33, 2022, s 120\npt 2\ndiv 7\nsdiv 1 hdg ins Act No. 12, 2019, r 15\nr 29AA ins Act No. 12, 2019, r 15\npt 2\ndiv 7\nsdiv 2 hdg ins Act No. 12, 2019, r 16\n\nENDNOTES\nPetroleum (Environment) Regulations 2016 47\nr 29 amd Act No. 12, 2019, r 16;\nsub Act No. 33, 2022, s 121\namd Act No. 7, 2025, s 11\nrr 30 – 31 sub Act No. 33, 2022, s 122\nr 32A ins Act No. 33, 2022, s 123\nr 33 amd Act No. 33, 2022, s 124\nr 34 amd Act No. 33, 2022, s 125\nr 35 amd Act No. 33, 2022, s 126\nr 35A ins No. 27, 2018, r 7\nr 36 amd Act No. 33, 2022, s 127\nr 37 amd Act No. 33, 2022, s 128\npt 3A hdg ins No. 28, 2018, r 6\nr 37A ins No. 28, 2018, r 6\namd Act No. 33, 2022, s 129\nr 37B ins No. 28, 2018, r 6\namd Act No. 33, 2022, s 130\nr 41 sub Act No. 33, 2022, s 131\npt 5 hdg ins No. 7, 2019, r 8\nrr 44 – 46 ins No. 7, 2019, r 8\npt 6 hdg ins Act No. 31, 2019, s 341 as amd Act No. 33, 2019, s 50\nrr 47 – 48 ins Act No. 31, 2019, s 341 as amd Act No. 33, 2019, s 50\nsch 1 amd No. 27, 2018, r 8; No. 28, 2018, r 7; Act No. 12, 2019, r 17; No. 7, 2019,\nr 9; Act No. 33, 2022, s 132\nsch 1A ins Act No. 12, 2019, r 18\nsch 2 sub Act No. 33, 2022, s 133\namd Act No. 7, 2025, s 12\nsch 3 ins Act No. 33, 2022, s 133","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":true,"description":"The legislation has grown significantly beyond its original 2016 scope. The original Regulations established basic environment management plan requirements. However, amendments in 2018, 2019, 2020, 2022, and 2025 have added: (1) mandatory public consultation and publication requirements for drilling and fracking plans (2018); (2) specific hydraulic fracturing chemical disclosure and health risk assessment requirements (2018); (3) integration with the Environment Protection Act 2019 and NT EPA assessment processes (2019); (4) executive officer liability provisions (2022); (5) infringement notice schemes with detailed penalty schedules (2022); and (6) judicial review pathways (2019). The 2025 amendments further expanded review rights. The Regulations have evolved from a simple plan-approval system to a comprehensive environmental regulatory framework with public transparency, health risk assessment, and multiple enforcement mechanisms."},"complexity_factors":["Multiple nested approval pathways with time limits (90 days for initial approval, 30 days for modified plans, with exceptions for Authority Certificate delays)","27 defined terms in regulation 3, including technical concepts like 'environmental performance standards', 'measurement criteria', and 'NORM' (naturally occurring radioactive materials)","Dual offence structures for most violations—both intentional/reckless offences (higher penalties) and strict liability offences (lower penalties) with due diligence defences","Cross-references to multiple other Acts: Petroleum Act 1984, Environment Protection Act 2019, Dangerous Goods Act 1998, Water Act 1992, Work Health and Safety Act, and Aboriginal Sacred Sites Act 1989","Conditional logic for when plans must be revised (new risks, 5-yearly reviews, or Minister-initiated) versus when modifications merely require notification","Three separate review mechanisms: internal Minister reconsideration, Tribunal review (Schedule 2), and judicial review (Schedule 1A)","Transitional provisions spanning three different amending instruments (2019 Amendment Regulations, Environment Protection Act 2019, and 2025 amendments)","Schedule 1 contains 12 clauses of mandatory content for environment management plans, including detailed implementation strategy requirements","Special Part 3A with additional hydraulic fracturing reporting requirements layered on top of general obligations"],"plain_english_summary":"**What this legislation does:**\n\nThese Regulations set the rules for how petroleum (oil and gas) companies must protect the environment when operating in the Northern Territory. They require companies to create detailed **environment management plans** before starting any activity that could harm the environment—such as drilling, hydraulic fracturing (\"fracking\"), building pipelines, or clearing land.\n\n**Who it affects:**\n- **Petroleum companies** (called \"interest holders\") who hold licences to explore for or produce oil and gas\n- **Landowners and occupiers** whose property may be affected\n- **The general public**, who can comment on certain plans involving drilling or fracking\n- **Government regulators**, particularly the Minister responsible for petroleum and the NT Environment Protection Authority (NT EPA)\n\n**Key requirements:**\n\n- **Before you dig:** Companies must submit an environment management plan for approval, engage with stakeholders (including landowners), and get an **Authority Certificate** confirming compliance with Aboriginal sacred sites laws\n- **Public scrutiny:** Plans for drilling or fracking must be published for 28 days of public comment\n- **Ongoing obligations:** Plans must be reviewed every 5 years, or sooner if environmental risks change\n- **Incident reporting:** Companies must immediately report serious environmental incidents (\"reportable incidents\") within 2 hours, and less serious ones (\"recordable incidents\") periodically\n- **Special fracking rules:** Extra reporting is required for chemicals used in fracking, plus health risk assessments for flowback fluid and produced water\n- **Transparency:** Approved plans and incident reports must be published (with confidential business information removed)\n\n**Why it matters:**\n\nThese Regulations aim to ensure petroleum activities don't cause unacceptable environmental harm. They create a framework of \"ecologically sustainable development\"—meaning companies must reduce environmental risks \"as low as reasonably practicable\" and meet specific environmental outcomes. The rules balance industry development with environmental protection, public transparency, and accountability through offences and penalties for non-compliance."},"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"The Regulations, as contained in the supplied reprint, expand and refine scope relative to earlier iterations by adding provisions specific to hydraulic fracturing (chemical disclosure and mandatory human health risk assessments; Sch 1 cl 4A; r4A; regs 37A–37B), new publication and public-comment steps for certain plans (rr 8A–8B), and formalised review routes and decision lists (rr 29, 29AA; Sch 1A–2). The endnotes and amendment history identify multiple insertions and amendments over time (see insertions of rr 8A–8B (No. 27, 2018), pt 3A and r37A–r37B (No. 28, 2018), r4A and other changes (No. 7, 2019 and subsequent Acts) and later amendments in 2020–2025). These changes expand the regulatory requirements for certain activities (notably hydraulic fracturing), add publication and public comment requirements, and alter approval and review procedures (eg. linkages with the Environment Protection Act 2019 in reg 9(3))."},"complexity_factors":["Detailed, multi-part approval process with statutory timelines, resubmission steps and conditional approvals (regs 9–13, 11)","Extensive mandatory plan content spanning technical assessments, monitoring, contingency planning and stakeholder records (Schedule 1)","Multiple strict-liability and high-penalty offences for procedural and substantive breaches (regs 17–19, 30–32, Sch 3)","Special, additional reporting rules for hydraulic fracturing (r4A; Sch 1 cl 4A; regs 37A–37B) and required human health risk assessments","Significant Ministerial discretion over publication, withholding information and approval/revocation decisions (regs 8A(5), 10, 11, 19, 26, 27)","Interplay with other laws and instruments (Environment Protection Act 2019, prescribed chemical legislation, Authority Certificates) creating cross‑instrument dependencies (reg 9(3); reg 4A; Sch 1 cl 4A)","Long record-retention and accessibility obligations with specific temporal and territorial conditions (reg 36)","Multiple review mechanisms (Tribunal and judicial review) with lists of reviewable decisions and interested persons (reg 29; reg 29AA; Sch 1A–2)"],"plain_english_summary":"Mechanically\n\n- The Regulations require any person who holds a petroleum interest (an \"interest holder\") to submit an environment management plan (a \"plan\") to the Minister before carrying out any activity that is a \"regulated activity\" (reg 3 definition; reg 5; reg 6). Regulated activities include drilling, hydraulic fracturing, construction or removal of wells or pipelines, land clearing, seismic work, releases of contaminants, and storage/transport of petroleum and hazardous substances (reg 5(2)).\n- Plans must follow detailed form and content rules (reg 8; Schedule 1) including: a description of the activity and existing environment, a full assessment of environmental impacts and risks (including cumulative effects), defined environmental outcomes and performance standards, an implementation strategy (monitoring, audits, contingency plans), stakeholder engagement records, and—where hydraulic fracturing is involved—chemicals disclosure and a full human health risk assessment (Sch 1 cl 4A; r4A; regs 37A–37B).\n- The Minister must publish certain plans (drilling or hydraulic fracturing) for public comment within 14 days of receipt and must publish public comments and many reports and notices (regs 8A–8B; 24–25; 35A; 37A(5)). The Minister may withhold commercially confidential information (regs 8A(5), 26(2)).\n- Approval is by formal Ministerial decision against approval criteria (reg 9). The Minister has set timelines for decisions (generally 90 days; reg 11), can ask for more information (reg 10), can approve with conditions or require resubmission (reg 11), and may revoke approval after specified procedures if there are contraventions (regs 27–28).\n- The Regulations set mandatory reporting and record-keeping (notice of reportable incidents within 2 hours; written reports and final/root-cause analyses; reg 33–34; record retention rules: kept in Australia and retained for the longer of 5 years after the interest ends or 15 years after creation; reg 36). For hydraulic fracturing there are specific reporting obligations for flowback fluid and produced water within six months, accompanied by a full human health risk assessment (regs 37A–37B).\n- Non-compliance attracts criminal offences and monetary penalties. Many procedural failures are strict liability offences. Maximum fines for serious intentional recklessness can be high (eg. up to 2,000 penalty units for some offences; regs 30–31). There is an infringement notice regime for lower-level offences, with prescribed amounts set out in Schedule 3 (Part 4).\n- Review paths are provided: judicial review by the Supreme Court for specified decisions (reg 29AA; Sch 1A) and Tribunal review for listed reviewable decisions (reg 29; Sch 2).\n\nStated purpose and how that maps to mechanics\n\n- The Regulations state their object is to ensure regulated activities are carried out consistent with the principles of ecologically sustainable development and that environmental impacts and risks are reduced to \"as low as reasonably practicable\" and \"acceptable\" (reg 2). That stated purpose is implemented by: mandatory plans with technical content (Sch 1), Ministerial approval and conditions (reg 11), monitoring and reporting requirements (Sch 1 cl 11; regs 33–35), publication of plans and reports (regs 8A–8B; 24–25; 35A) and enforcement (regs 27–32, Sch 3).\n\nCosts, incentives and trade-offs (source-grounded)\n\n- Who pays: the interest holder pays the direct compliance costs — preparing detailed plans (Sch 1), stakeholder engagement (reg 7; Sch 1 cl 9), security proposals (reg 6(3)), monitoring equipment and record-keeping (Sch 1 cl 6; reg 36), fees when submitting plans (reg 6(4)), and any infringement or criminal penalties for breaches (regs 30–32; Sch 3). The Minister/Agency bears the publication and decision-making administrative burden (regs 8A, 11, 24, 35A). \n- Incentives created: interest holders cannot lawfully proceed without an approved current plan (reg 6; regs 30–31). That creates a compliance incentive to prepare comprehensive plans, perform stakeholder engagement, and report incidents promptly (regs 7; 33–35). Strict-liability provisions for many administrative failures (eg. late revisions, reporting, recordkeeping) increase the incentive to adopt conservative compliance systems (regs 17(3), 18(2), 36(5), Sch 3).\n- Trade-offs and opportunity costs: the approvals and mandatory content (including full human health risk assessments for fracking chemicals, Sch 1 cl 4A; regs 37A–37B) raise the cost and lead-time for exploration and production activities. The Regulations allow the Minister discretion to publish plans and withhold commercially confidential information (regs 8A(5), 26(2)), which balances transparency against protection of some business information but creates uncertainty about what is publicly disclosed. Time limits on Ministerial decisions (eg. 90 days, reg 11) reduce indefinite delay risk but also allow the Minister to extend with a timetable (reg 11(2A)–(2B)).\n- Enforcement and discretion risk: the Minister has broad decision powers (approve/approve with conditions/reject, require revisions, revoke approvals) and can withhold information on commercial grounds (regs 10, 11, 19, 27, 8A(5), 26). That concentrates decision authority in the Minister/Agency, though review avenues (Tribunal and judicial review) exist for specified decisions (reg 29; reg 29AA; Sch 1A–2). \n- Compliance burden details: required plan elements are broad and technical (Schedule 1). Recordkeeping and reporting obligations are long-term and prescriptive (reg 36). Incident notification deadlines are short (reportable incident notice within 2 hours; reg 33), requiring operational readiness to detect and report quickly.\n\nEffects on private enterprise, contracts and operations\n\n- Entry and timing: interest holders must gain plan approval before carrying out regulated activities, which limits the ability to begin work immediately and imposes a pre-condition on contractual performance and investment timing (reg 6). Transfer of petroleum interest does not remove the current plan requirement (reg 14A), so contractual purchasers inherit plan obligations but may seek revisions.\n- Operational constraints: plans must include specific operational controls, monitoring, contingency plans and personnel competence requirements (Sch 1 cll 5–8), narrowing operational freedom where the plan specifies methods or standards. Modifications that do not require a revision still require notice (reg 22).\n- Competition and cost pass-through: higher compliance and reporting costs are borne by interest holders. Those costs may affect project economics and be passed through in commercial arrangements, influencing which projects proceed and potentially altering competition among operators depending on scale and compliance capacity.\n\nConcentrated benefits and diffuse costs (mechanisms)\n\n- Concentrated benefits: Ministers and regulators obtain standardized information and statutory powers to require revisions or revoke plans (regs 9, 11, 19, 27), and local stakeholders receive published plans/reports for certain activities (regs 8A–8B; 24–25; 35A), which concentrates informational benefits to particular groups.\n- Diffuse costs: compliance costs, monitoring and reporting obligations are spread across all interest holders and may be borne indirectly by consumers or investors depending on market pass-through. The Regulations provide for publication of material but allow withholding of commercially confidential information (regs 8A(5), 26(2)), so the balance between transparency and protection of business information is implemented by Ministerial discretion.\n\nImplementation risk and unintended consequences (source-grounded)\n\n- Timelines combined with detailed technical demands (Sch 1, reg 9) risk delays if interest holders must produce complex assessments (eg. human health risk assessments for fracking chemicals) within statutory timeframes; the Minister can request more information (reg 10) and set timetables (reg 11(2A)), but that introduces administrative interaction and possible delay.\n- Strict-liability offences for procedural failures (many regs and Sch 3) can produce enforcement of technical non-compliance even where environmental harm is not present, incentivising conservative reporting and record retention systems.\n\nWho decides, who enforces, what changes behaviour (summary)\n\n- The Minister decides whether a plan meets approval criteria and may approve with conditions, require further information, require revisions, publish plans and reports, and revoke approvals after procedural steps (regs 9–13; 19; 24; 27–28). Inspectors and the Chief Executive Officer perform enforcement and operational functions like issuing infringement notices and directing record access (regs 37; 38–42). Courts and the Tribunal handle review of specified Ministerial decisions (reg 29; reg 29AA; Sch 1A–2).\n\nWhy it matters (official claim and testing)\n\n- Official claim: the Regulations aim to ensure regulated petroleum activities meet ecologically sustainable development principles and reduce environmental impacts and risks to as low as reasonably practicable and acceptable (reg 2).\n- Testing that claim against costs and incentives: the Regulations implement that claim by imposing upfront technical planning, mandatory stakeholder engagement, ongoing monitoring and incident reporting, and meaningful enforcement powers (Sch 1; regs 6–11; 33–37). Those mechanisms create predictable information flows and legal accountability but impose material compliance costs, administrative interaction with the Minister/Agency, and strict procedural duties on interest holders (reg 36; regs 30–32). The effect is to constrain when and how petroleum activities proceed (reg 6) and to shift the operational and financial burden of environmental management to interest holders (regs 6, Sch 1, regs 36, 37)."},"summary":{"complexity_score":7,"scope_assessment":{"changed":false,"description":"Based on the available information, the regulations appear to remain within their original intended scope — governing environmental responsibilities and royalty obligations for petroleum exploration and production in the Northern Territory. The multi-agency oversight structure appears to reflect deliberate administrative design rather than scope creep."},"complexity_factors":["Responsibility split across three separate government agencies, creating potential for jurisdictional overlap or gaps","Dual subject matter combining environmental regulation and financial/royalty provisions — two distinct areas of law","Long lead time between making (December 2020) and commencement (April 2025) suggests significant transitional complexity","Regulations sit under broader petroleum legislation, meaning readers must cross-reference the parent Act to fully understand obligations","The environmental provisions interact with separate environmental planning laws, adding another layer","Petroleum operations inherently involve technical scientific and engineering concepts that complicate legal interpretation","Applies to a commercially sensitive and heavily regulated industry with significant financial stakes"],"plain_english_summary":"## Petroleum (Environment) Regulations 2016\n\nThese regulations govern how oil and gas (petroleum) companies must manage their environmental responsibilities when exploring for and producing petroleum in the Northern Territory.\n\n**Who is affected?**\n- Petroleum companies operating in the NT\n- Government agencies overseeing mining, environment, and treasury\n- Potentially, NT residents and communities near petroleum operations\n\n**What does it do?**\nThese regulations set out the rules petroleum companies must follow to protect the environment during exploration and production activities. They also cover how royalties (fees paid to the government for extracting natural resources) are calculated and collected.\n\n**Key areas covered:**\n- 🌿 **Environmental standards** for petroleum exploration and production\n- 💰 **Royalty payments** — the money companies must pay the NT government for extracting petroleum\n- 📋 **Administrative requirements** companies must meet to stay compliant\n\n**Which agencies oversee this?**\nUnusually, *three* different government departments share responsibility:\n1. **Department of Treasury and Finance** — handles royalty provisions\n2. **Department of Mining and Energy** — oversees most other aspects except environmental regulation\n3. **Department of Lands, Planning and Environment** — handles the environmental regulation side\n\n**Why does it matter?**\nThese regulations determine how petroleum companies are held accountable for environmental damage during drilling and extraction. They set the legal minimum standards for protecting land, water, and ecosystems in the NT during petroleum operations."},"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"}},"importantCases":[],"_links":{"self":"/api/acts/petroleum-environment-regulations-2016","history":"/api/acts/petroleum-environment-regulations-2016/history","analysis":"/api/acts/petroleum-environment-regulations-2016/analysis","conflicts":"/api/acts/petroleum-environment-regulations-2016/conflicts","importantCases":"/api/acts/petroleum-environment-regulations-2016/important-cases","documents":"/api/acts/petroleum-environment-regulations-2016/documents"}}