{"id":"F1996B02774","name":"Petroleum (Submerged Lands) (Occupational Health and Safety) Regulations 1993","slug":"petroleum-submerged-lands-occupational-health-and-safety-regulations-1993","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"repealed","isInForce":false,"actNumber":"282 of 1993","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":29332,"registerId":"commonwealth-F1996B02774-current","compilationNumber":null,"startDate":"2026-04-01","status":"Repealed","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Petroleum (Submerged Lands) Act 1967","sectionType":"schedule","heading":"Petroleum (Submerged Lands) Act 1967","content":"## Petroleum (Submerged Lands) Act 1967\n\nPetroleum (Submerged Lands) (Occupational Health and Safety) Regulations 1993\n\nPROVISIONAL IMPROVEMENT NOTICE\n\nTo:\n\n(the responsible person within the meaning of subclause 17 (2) of Schedule 7 to the Act)\n\nI, (name of the health and safety representative issuing the notice), selected as the health and safety representative under clause or 13A of Schedule 7 to the Act for (description of the designated work group), after consultation in accordance with subclause 17 (1) of Schedule 7 to the Act, believe that the following provision, or provisions, of the Act or Regulations is, or are, being contravened or is, or are, likely to continue to be contravened:\n\n.\n\nThe contravention is (a brief description)\n\n.\n\nThe contravention is occurring at (location)\n\n.\n\nThe reasons for my opinion are as follows:\n\n.\n\nIn accordance with paragraph 17 (4) (b) of Schedule 7 to the Act, action necessary to prevent the contravention, or the likely contravention, of the provision or provisions referred to above must be taken before (the date of a day that is:\n\n(a) not less than 7 days after the day when the notice is issued; and\n\n(b) reasonable in the opinion of the health and safety representative).\n\nIn accordance with subclause 17 (5) of Schedule 7 to the Act, I specify the following action to be taken: .\n\nDated\n\n(signature)\n\nHealth and safety representative\n\nNOTES:\n\n> Note: 1. Under subclause 18 (1) of Schedule 7 to the Act, a person to whom a provisional improvement notice is given may, within 7 days, request the Safety Authority or an OHS inspector to conduct an investigation into the subject matter of the notice.\n\n> Note: 2. Subclause 18 (5) of Schedule 7 to the Act requires a responsible person to whom a provisional improvement notice is given:\n\n> Note:  to notify each group member affected by the notice of the fact that the notice has been issued; and\n\n> Note:  to display a copy of the notice at or near each workplace at which work that is the subject of the notice is being performed.\n\n> Note: 3. Under subclause 18 (6) of Schedule 7 to the Act, a provisional improvement notice ceases to have effect when:\n\n> Note:  it is cancelled by the health and safety representative or an OHS inspector; and\n\n> Note:  the responsible person takes the action specified in the notice, or if no action is specified, takes the action that is necessary to prevent the contravention, or likely contravention, with which the notice is concerned.\n\n> Note: 4. Subclause 18 (7) of Schedule 7 to the Act requires the responsible person:\n\n> Note:  to ensure, as far as possible, that a provisional improvement notice is complied with; and\n\n> Note:  to inform the health and safety representative who issued the notice of the action taken to comply with the notice.\n\n> Note: 5. Under clause 37 of Schedule 7 to the Act, if an OHS inspector has confirmed or varied a provisional improvement notice:\n\n> Note:  the operator of the facility or an employer affected by the decision; or\n\n> Note:  the health and safety representative for a designated work group that includes a group member affected by the decision; or\n\n> Note:  the owner of any plant substances or thing to which that decision relates; or\n\n> Note:  the person to whom the notice was issued; or\n\n> Note:  a workforce representative in relation to the designated work group that includes a group member affected by the decision; or\n\n> Note:  if there is no designated work group — a workforce representative in relation to a member of the workforce affected by the decision;\n\n> Note: may request Fair Work Australia in writing to review the OHS inspector’s decision.\n\nForm 2 Notice of removal of plant or sample\n\n(paragraph 33 (b))","sortOrder":0},{"sectionNumber":"Petroleum (Submerged Lands) (Occupationa","sectionType":"schedule","heading":"Petroleum (Submerged Lands) (Occupational Health and Safety) Regulations 1993","content":"## Petroleum (Submerged Lands) (Occupational Health and Safety) Regulations 1993\n\nNOTICE OF REMOVAL OF PLANT OR SAMPLE\n\nTo: (name of operator, employer or owner of the plant, substance or thing (if applicable))\n\nand (name of health and safety representative for designated workgroup)\n\nI, (name of OHS inspector), an OHS inspector appointed under section 150YL of the Act, in the course of conducting an inspection under clause 30 of Schedule 7 to the Act, have taken possession of:\n\n(description of item removed)\n\nfrom the workplace at:\n\n(address)\n\nThe reason for this action is:\n\n(explanation of why removal of item was necessary)\n\nSigned: (OHS Inspector)\n\nDated:\n\nNOTES:\n\n> Note: 1. This notice must be displayed in a prominent place at the workplace from which the item was removed.\n\n> Note: 2. Under clause 39 of Schedule 7 to the Act, a person who tampers with, or removes, a notice, before the item has been returned to the workplace, may be liable to a penalty of imprisonment for 6 months.\n\n> Note: 3. Under subclause 33 (3) of Schedule 7 to the Act, if a notice is issued to the operator or to an employer of members of the workforce, the operator’s representative at the facility must cause a copy of the notice to be displayed in a prominent place at or near each workplace at which the work is being performed.\n\n> Note: 4. Under clause 37 of Schedule 7 to the Act, any of the following persons may request Fair Work Australia in writing to review the OHS inspector’s decision:\n\n> Note:  the operator of the facility or an employer affected by the decision;\n\n> Note:  the health and safety representative for a designated work group that includes a group member affected by the decision;\n\n> Note:  a workforce representative in relation to the designated work group that includes a group member affected by the decision;\n\n> Note:  if there is no designated work group — a workforce representative in relation to a member of the workforce affected by the decision;\n\n> Note:  the owner of any plant, substance or thing to which the OHS inspector’s decision relates.\n\nForm 3 Do not disturb notice\n\n(paragraph 33 (c))","sortOrder":2}],"analysis":{"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"The text implements enforcement mechanisms and standard forms under Schedule 7 of the Act and lists permitted uses of hazardous substances under regulation 4D. On its face the Regulations do not expand or narrow the Act’s statutory coverage; they operationalise inspection, notice, display, compliance and review procedures rather than alter the underlying scope of the Act."},"complexity_factors":["Extensive cross-referencing to the Petroleum (Submerged Lands) Act 1967 and Schedule 7 (subclauses 17, 18, 30, 33–39) increases interpretive burden.","Multiple distinct notice types with different triggers, timelines and compliance steps (provisional improvement, improvement, prohibition, removal, do‑not‑disturb).","Penalties and a criminal sanction for tampering (clause 39; clauses 34–36) require careful allocation of liability between operators, employers and ‘responsible persons’.","Administrative requirements: display and workforce notification duties and return/compliance steps for completed improvement notices (various notes to forms).","Appeal/review pathway to Fair Work Australia for affected parties (clause 37) creates an administrative review layer.","Schedule 2 lists hazardous substances with constrained, itemised permitted uses (including detailed asbestos entries) and references State/Territory removal laws, creating interactional complexity."],"plain_english_summary":"The Regulations supply the standard forms and procedures that apply to occupational health and safety in offshore petroleum operations: provisional improvement notices, removal-of-plant/sample, do‑not‑disturb, prohibition and improvement notices, plus a Schedule of hazardous substances and permitted uses (including asbestos categories and PCBs) (Schedule 1; Schedule 2, reg 4D, Part 3). They allocate actions and notification/display duties to responsible persons and operators, empower OHS inspectors (s150YL) and impose penalties and review rights under Schedule 7 (clauses 17, 18, 30, 33–39)."},"kimi_summary":{"_metrics":{"model":"kimi-k2.5","source":"moonshot-realtime","completionTokens":2154},"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":false,"description":"The excerpt shows the regulations applying national OHS standards (particularly regarding asbestos and carcinogens) specifically to the offshore petroleum industry. The hazardous substances schedule explicitly notes it implements national workplace agreements. No evidence of scope creep is visible in this fragment; the content aligns with the stated purpose of regulating occupational health and safety in submerged lands petroleum operations."},"complexity_factors":["Extensive cross-referencing to Schedule 7 of the parent Act (Petroleum (Submerged Lands) Act 1967) for definitions and procedural requirements","Technical chemical nomenclature including CAS (Chemical Abstracts Service) registry numbers for carcinogenic substances","Multiple nested exceptions to prohibitions (research, storage, removal, in-situ use, natural disturbance)","Strict procedural requirements for notices including timeframes (7-day minimum), display obligations, and notification duties to multiple parties","Dual enforcement pathway involving both worker-elected representatives (HSRs) and government-appointed OHS inspectors with different powers"],"plain_english_summary":"These regulations set out occupational health and safety rules for offshore petroleum operations in Australian waters, giving inspectors and worker representatives formal notice powers to stop or require correction of unsafe work and to preserve investigation scenes. \n\nThey also tightly control hazardous substances—effectively banning most asbestos and sharply restricting known carcinogens, largely limiting their use to bona fide research—affecting facility operators, employers and plant owners responsible for safety on offshore rigs and platforms."}},"importantCases":[],"_links":{"self":"/api/acts/petroleum-submerged-lands-occupational-health-and-safety-regulations-1993","history":"/api/acts/petroleum-submerged-lands-occupational-health-and-safety-regulations-1993/history","analysis":"/api/acts/petroleum-submerged-lands-occupational-health-and-safety-regulations-1993/analysis","conflicts":"/api/acts/petroleum-submerged-lands-occupational-health-and-safety-regulations-1993/conflicts","importantCases":"/api/acts/petroleum-submerged-lands-occupational-health-and-safety-regulations-1993/important-cases","documents":"/api/acts/petroleum-submerged-lands-occupational-health-and-safety-regulations-1993/documents"}}