{"id":"petroleum-submerged-lands-pipelines-regulations-2022","name":"Petroleum (Submerged Lands) (Pipelines) Regulations 2022","slug":"petroleum-submerged-lands-pipelines-regulations-2022","collection":"regulation","jurisdiction":"wa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":179363,"registerId":"wa-petroleum-submerged-lands-pipelines-regulations-2022-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Petroleum (Submerged Lands) (Pipelines) Regulations 2022","content":"![Crest]()Western Australia\n\nPetroleum (Submerged Lands) Act 1982\n\nPetroleum (Submerged Lands) (Pipelines) Regulations 2022\n\nWestern Australia\n\nPetroleum (Submerged Lands) (Pipelines) Regulations 2022\n\nContents\n\nPart 1 — Preliminary\n\n1. Citation 1\n\n2. Commencement 1\n\n3. Application of these regulations 1\n\nPart 2 — Consent to construct and operate pipelines\n\nDivision 1 — Consent to construct\n\n4. Consent to construct pipeline 2\n\n5. Application for consent to construct 2\n\n6. Deciding application for consent to construct 2\n\n7. Notice of route followed by pipeline 3\n\nDivision 2 — Consent to operate\n\n8. Consent to operate pipeline 3\n\n9. Application for consent to operate 4\n\n10. Deciding application for consent to operate 4\n\nPart 3 — Miscellaneous\n\n11. Contact details must be kept up to date 5\n\n12. Minister may decline to consider application in absence of certain information 5\n\nPart 4 — Transitional provisions for *Work Health and Safety Act 2020*\n\nDivision 1 — Preliminary\n\n13. Term used: commencement day 6\n\nDivision 2 — Consent to construct pipeline\n\n14. Consent to construct pipeline in force before commencement day 6\n\n15. Application for consent to construct lodged before commencement day 6\n\nDivision 3 — Consent to operate pipeline\n\n16. Consent to operate pipeline in force before commencement day 7\n\n17. Application for consent to operate lodged before commencement day 7\n\nNotes\n\nCompilation table 8\n\nDefined terms\n\n  \n\nPetroleum (Submerged Lands) Act 1982\n\nPetroleum (Submerged Lands) (Pipelines) Regulations 2022\n\n## Part 1 — Preliminary\n\n##### 1. Citation\n\n\t\tThese regulations are the *Petroleum (Submerged Lands) (Pipelines) Regulations 2022*.\n\n##### 2. Commencement\n\nThese regulations come into operation as follows —\n\n(a) Part 1 — on the day on which these regulations are published in the *Gazette*;\n\n(b) the rest of the regulations — on the day on which the *Work Health and Safety Act 2020* Part 15 comes into operation.\n\n##### 3. Application of these regulations\n\nThese regulations apply to a pipeline —\n\n(a) that is subject to a pipeline licence; or\n\n(b) that —\n\n(i) is under construction, or is proposed to be constructed or operated; and\n\n(ii) when constructed or operating, will be a pipeline subject to a pipeline licence.\n\n## Part 2 — Consent to construct and operate pipelines\n\n### Division 1 — Consent to construct\n\n##### 4. Consent to construct pipeline\n\nA person must not, in the adjacent area, engage in an activity relating to the construction of a pipeline unless —\n\n(a) the Minister has granted a consent to construct the pipeline; and\n\n(b) the consent provides for the activity.\n\nPenalty: a fine of $5 500.\n\n##### 5. Application for consent to construct\n\n(1) An application for a consent to construct a pipeline must be lodged in writing with the Minister.\n\n(2) An application may relate to all or some of the activities relating to the construction of the pipeline.\n\n(3) The application must include —\n\n(a) the name of the applicant; and\n\n(b) an address of the applicant; and\n\n(c) an email address for the applicant.\n\n(4) The application must be accompanied by other relevant information that the Minister may require on reasonable grounds.\n\n##### 6. Deciding application for consent to construct\n\n(1) Within 28 days after an application for a consent to construct a pipeline is lodged, the Minister must decide whether to grant the consent.\n\n(2) A failure by the Minister to comply with subregulation (1) in relation to an application does not of itself invalidate a decision by the Minister to grant or to refuse to grant the consent.\n\n(3) The Minister may grant a consent to construct in relation to all or some of the activities relating to the construction of the pipeline.\n\n(4) If the Minister decides to grant the consent, the Minister must, as soon as practicable, give the applicant the consent in writing.\n\n(5) If the Minister decides not to grant the consent in relation to all or some of the activities relating to the construction of the pipeline, the Minister must, as soon as practicable, give the applicant, in writing —\n\n(a) advice that the consent has not been granted for those activities; and\n\n(b) a statement of the reasons for the decision.\n\n##### 7. Notice of route followed by pipeline\n\nAs soon as practicable after the construction of a pipeline is completed, but in any case within 3 months after a consent to operate is granted for the pipeline, the pipeline licensee must —\n\n(a) inform the Minister, in writing, of the exact route followed by the pipeline; and\n\n(b) inform the Australian Hydrographic Office, in writing, of the exact route followed by the pipeline.\n\nPenalty: a fine of $4 400.\n\n### Division 2 — Consent to operate\n\n##### 8. Consent to operate pipeline\n\nA pipeline licensee must not operate a pipeline unless the Minister has granted a consent to operate the pipeline.\n\nPenalty: a fine of $5 500.\n\n##### 9. Application for consent to operate\n\n(1) An application for a consent to operate a pipeline must be lodged in writing with the Minister.\n\n(2) The application must include —\n\n(a) the name of the applicant; and\n\n(b) an address of the applicant; and\n\n(c) an email address for the applicant.\n\n(3) The application must be accompanied by —\n\n(a) information showing that the pipeline licensee is maintaining insurance in compliance with section 97A of the Act; and\n\n(b) other relevant information that the Minister may require on reasonable grounds.\n\n##### 10. Deciding application for consent to operate\n\n(1) Within 7 days after an application for a consent to operate a pipeline is lodged, the Minister must decide whether to grant the consent.\n\n(2) A failure by the Minister to comply with subregulation (1) in relation to an application does not of itself invalidate a decision by the Minister to grant or to refuse to grant the consent.\n\n(3) The Minister must grant the consent if there are reasonable grounds for believing that the pipeline licensee is maintaining insurance in accordance with section 97A of the Act.\n\n(4) If the Minister decides to grant the consent, the Minister must, as soon as practicable, give the applicant the consent in writing.\n\n(5) If the Minister decides not to grant the consent, the Minister must, as soon as practicable, give the applicant, in writing —\n\n(a) advice that the consent has not been granted; and\n\n(b) a statement of the reasons for the decision.\n\n## Part 3 — Miscellaneous\n\n##### 11. Contact details must be kept up to date\n\n(1) A pipeline licensee who has applied under regulation 5(1) for a consent to construct a pipeline must ensure that the Minister has at all times the licensee’s current address for communications on matters relating to the pipeline.\n\nPenalty for this subregulation: a fine of $3 300.\n\n(2) It is a defence to a charge under subregulation (1) to prove that the pipeline licensee had a reasonable excuse.\n\n##### 12. Minister may decline to consider application in absence of certain information\n\n(1) The Minister may decline to consider any application made by a pipeline licensee under these regulations until the pipeline licensee complies with regulation 11(1) in respect of an application under regulation 5(1) relating to the pipeline.\n\n(2) The Minister may decline to consider an application under regulation 5(1) until the pipeline licensee provides the information mentioned in regulation 5(3) and (4) in relation to the application.\n\n(3) The Minister may decline to consider an application under regulation 9(1) until the pipeline licensee provides the information mentioned in regulation 9(2) and (3) in relation to the application.\n\n(4) Subregulations (2) and (3) do not apply if the information has been given in accordance with any other provision of the Act or an application under it or any other law.\n\n## Part 4 — Transitional provisions for *Work Health and Safety Act 2020*\n\n### Division 1 — Preliminary\n\n##### 13. Term used: commencement day\n\nIn this Part —\n\ncommencement day means the day on which the *Work Health and Safety Act 2020* Part 15 comes into operation.\n\n### Division 2 — Consent to construct pipeline\n\n##### 14. Consent to construct pipeline in force before commencement day\n\nA consent to construct a pipeline that was in force under the *Petroleum (Submerged Lands) (Pipelines) Regulations 2007* regulation 12(1) immediately before commencement day is, on and from commencement day, taken to be —\n\n(a) a consent to construct the pipeline under regulation 6(1); and\n\n(b) in force on the same terms that applied immediately before commencement day.\n\n##### 15. Application for consent to construct lodged before commencement day\n\nIf an application for a consent to construct a pipeline was lodged with the Minister under the *Petroleum (Submerged Lands) (Pipelines) Regulations 2007* regulation 11(1) before commencement day but the application had not been decided before that day, the application is taken, on and from commencement day, to have been lodged under regulation 5(1).\n\n### Division 3 — Consent to operate pipeline\n\n##### 16. Consent to operate pipeline in force before commencement day\n\nA consent to operate a pipeline that was in force under the *Petroleum (Submerged Lands) (Pipelines) Regulations 2007* regulation 18(1) immediately before commencement day is, on and from commencement day, taken to be —\n\n(a) a consent to operate the pipeline under regulation 10(1); and\n\n(b) in force on the same terms that applied immediately before commencement day.\n\n##### 17. Application for consent to operate lodged before commencement day\n\nIf an application for a consent to operate a pipeline was lodged with the Minister under the *Petroleum (Submerged Lands) (Pipelines) Regulations 2007* regulation 17(1) before commencement day but the application had not been decided before that day, the application is, on and from commencement day, taken to have been lodged under regulation 9(1).\n\n![]()\n\nNotes\n\nThis is a compilation of the *Petroleum (Submerged Lands) (Pipelines) Regulations 2022*. For provisions that have come into operation see the compilation table.\n\nCompilation table\n\n| **Citation** | **Published** | **Commencement** |\n| --- | --- | --- |\n| *Petroleum (Submerged Lands) (Pipelines) Regulations 2022* | SL 2022/28 11 Mar 2022 | Pt. 1: 11 Mar 2022 (see r. 2(a));   Regulations other than Pt. 1: 31 Mar 2022 (see r. 2(b) and SL 2022/18 cl. 2) |\n\n\nDefined terms\n\n*[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]*\n\n**Defined term Provision(s)**\n\ncommencement day 13\n","sortOrder":0}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The legislation appears to maintain its original scope. It is a straightforward remake or update of the 2007 Regulations (as evidenced by the transitional provisions in Part 4), designed to align with the commencement of the Work Health and Safety Act 2020 Part 15. The scope remains focused on the specific administrative process of granting consents for pipeline construction and operation in submerged lands, without significant expansion into new regulatory areas."},"complexity_factors":["Short length (17 regulations total)","Only 1 defined term ('commencement day')","Minimal cross-referencing (only references to the parent Act for insurance requirements and the repealed 2007 Regulations for transitional provisions)","Straightforward procedural structure with clear timelines (28 days for construction consent, 7 days for operation consent)","Simple conditional logic (if insurance maintained → consent must be granted)","Limited exceptions (only one defence provision regarding reasonable excuse for contact details)","Clear division into logical parts (Preliminary, Consent to construct, Consent to operate, Miscellaneous, Transitional provisions)"],"plain_english_summary":"These regulations set out the rules for getting government approval to build and run underwater oil and gas pipelines in Western Australian waters (the 'adjacent area').\n\n**Who it affects:**\n- **Pipeline licensees** — companies that hold licences to build and operate pipelines under the sea for petroleum (oil and gas)\n- **The Minister** — the Western Australian government minister responsible for petroleum resources\n\n**What it does:**\n\n**Building pipelines (Construction consent):**\n- Companies must get written permission from the Minister before they start building a pipeline\n- They must apply in writing, providing their name, address, and email\n- The Minister has 28 days to approve or refuse the application\n- If approved, the company gets a 'consent to construct' that covers specific construction activities\n- If refused, the Minister must explain why\n- Penalty for building without consent: **$5,500 fine**\n\n**Operating pipelines (Operation consent):**\n- Companies cannot turn on or run a pipeline without separate Ministerial approval\n- They must prove they have proper insurance (as required by the main Act)\n- The Minister must decide within 7 days\n- If they have insurance, the Minister must grant consent\n- Penalty for operating without consent: **$5,500 fine**\n\n**After construction:**\n- Within 3 months of getting operation consent, the company must tell the Minister and the Australian Hydrographic Office (the national body that maps sea floors) the exact route the pipeline took\n- Penalty for not reporting the route: **$4,400 fine**\n\n**Keeping details current:**\n- Companies must keep their contact details up to date with the Minister\n- Penalty for failing to do so: **$3,300 fine** (unless they have a reasonable excuse)\n- The Minister can refuse to process applications if contact details are missing\n\n**Why it matters:**\nThese rules ensure underwater pipelines are built safely, with proper insurance, and that authorities know exactly where they are (critical for shipping safety and environmental protection). The regulations also smooth the transition from old rules to new workplace safety laws."},"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Unable to assess whether the scope changed from original intent — no legislative text was available for analysis. The title suggests a focused regulatory instrument dealing specifically with pipelines in offshore submerged lands petroleum operations, which is consistent with a typical subordinate legislation scope."},"complexity_factors":["No legislative content was retrievable — the page is unavailable due to a system migration","Score reflects inability to assess actual complexity, not simplicity of the underlying law","Offshore petroleum pipeline regulations are typically highly technical (safety standards, engineering requirements, licensing) and would likely score 7-9 if content were available"],"plain_english_summary":"## Petroleum (Submerged Lands) (Pipelines) Regulations 2022 — Western Australia\n\n**The content of this legislation could not be retrieved.** The page hosting these regulations is no longer available on the Western Australian legislation website due to system upgrades.\n\n### What we can infer from the title:\n- These are **regulations** (detailed rules that sit beneath a main Act of Parliament) made under Western Australia's petroleum laws\n- They likely govern **pipelines used in offshore oil and gas operations** in submerged (underwater) land — meaning seabed areas off the WA coast\n- They would typically affect **oil and gas companies, pipeline operators, engineers, and safety inspectors** working in WA's offshore petroleum sector\n\n### What to do:\nTo find the actual content, visit the [Western Australian legislation website](https://www.legislation.wa.gov.au) and search for \"Petroleum (Submerged Lands) (Pipelines) Regulations 2022\" directly using their search function."},"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"Scope remains limited to pipelines that are licensed or proposed/under construction to become licensed (r3). Transitional provisions preserve consents and pending applications from the 2007 regulations as continuing under the 2022 rules (Part 4 rr14–17). The instrument principally updates procedural, information and enforcement mechanics (application content, timelines, insurance proof, notification duties) rather than expanding the substantive reach of regulation."},"complexity_factors":["Ministerial discretion over consent decisions with specified decision windows but non‑fatal time limits (28 days for construction applications r6(1); 7 days for operation applications r10(1); failures to meet timeframes do not automatically invalidate decisions r6(2), r10(2))","Information and documentation requirements that can be mandated on 'reasonable grounds' (r5(3)(c), r5(4), r9(3)(b)) creating administrative compliance burden","Minister may decline to consider applications until contact/required information provided (r12(1)–(3)), concentrating power to refuse consideration on procedural grounds","Insurance requirement linked to section 97A of the Act for operation consents (r9(3)(a)) — private cost and documentation to demonstrate compliance","Monetary penalties for non‑compliance with construction, operation, notification and contact rules (r4 penalty $5,500; r8 penalty $5,500; r7 penalty $4,400; r11 penalty $3,300) — predictable but nontrivial sanctions","Obligation to notify Australian Hydrographic Office of exact pipeline route within 3 months of consent to operate (r7) — operational reporting requirement affecting third‑party records","Transitional and commencement linkage to the Work Health and Safety Act 2020 Part 15 (r2(b); Part 4 rr13–17) adds temporal complexity for applications and existing consents","Defence of 'reasonable excuse' available for failure to keep contact details updated (r11(2)) — introduces evidentiary considerations"],"plain_english_summary":"These regulations require pipeline licensees to obtain the Minister’s written consent before constructing (regs 4–6) or operating (regs 8–10) submerged petroleum pipelines, to keep contact and insurance details up to date, and to notify the exact route after construction. Licensees bear the compliance costs and specified fines for breaches; the Minister decides applications, has limited timeframes to decide, and may refuse to consider incomplete applications (regs 11–12)."}},"importantCases":[],"_links":{"self":"/api/acts/petroleum-submerged-lands-pipelines-regulations-2022","history":"/api/acts/petroleum-submerged-lands-pipelines-regulations-2022/history","analysis":"/api/acts/petroleum-submerged-lands-pipelines-regulations-2022/analysis","conflicts":"/api/acts/petroleum-submerged-lands-pipelines-regulations-2022/conflicts","importantCases":"/api/acts/petroleum-submerged-lands-pipelines-regulations-2022/important-cases","documents":"/api/acts/petroleum-submerged-lands-pipelines-regulations-2022/documents"}}