{"id":"petroleum-submerged-lands-regulations-2020","name":"Petroleum (Submerged Lands) Regulations 2020","slug":"petroleum-submerged-lands-regulations-2020","collection":"regulation","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":236245,"registerId":"sa-petroleum-submerged-lands-regulations-2020-current","compilationNumber":null,"startDate":"2026-04-06","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"Part 1—Preliminary\n1—Short title\nThese regulations may be cited as the Petroleum (Submerged Lands) Regulations 2020.\n2—Commencement\nThese regulations come into operation on the day on which they are made.\n3—Definitions\nIn these regulations, unless the contrary intention appears—\nAct means the Petroleum (Submerged Lands) Act 1982;\ncontrolled substance means a substance mentioned in—\n\t(a)\tSchedule 8 of the Customs (Prohibited Exports) Regulations 1958 of the Commonwealth; or\n\t(b)\tSchedule 4 of the Customs (Prohibited Imports) Regulations 1956 of the Commonwealth;\nintoxicant means a beverage or other substance for human consumption that contains alcohol (other than a substance for medical or pharmaceutical use);\nmember of the workforce, in relation to a facility, has the meaning given in clause 3 of Schedule 7 of the Act;\nmedical practitioner means a person registered under the Health Practitioner Regulation National Law to practise in the medical profession (other than as a student);\nnurse means a person registered under the Health Practitioner Regulation National Law to practise in the nursing profession as a nurse (other than as a student);\npharmacist means a person registered under the Health Practitioner Regulation National Law to practise in the pharmacy profession (other than as a student);\ntherapeutic drug means a drug that—\n\t(a)\tmay be prescribed by a medical practitioner; or\n\t(b)\tmay be sold without a prescription prepared by a medical practitioner.\n4—Forms, notices and reports\n\t(1)\tA form must be completed in accordance with a direction specified in, or at the foot of, the form.\n\t(2)\tA person who is required for the purposes of the Act or these regulations to—\n\t(a)\tcomplete a form; or\n\t(b)\tgive notice or make a report,\nmust complete the form, give notice or make the report in sufficient detail to allow proper consideration of the form, notice or report.\n\t(3)\tA form, notice or report must be produced clearly and legibly.\n","sortOrder":0},{"sectionNumber":"Part 2","sectionType":"part","heading":"Occupational health and safety","content":"Part 2—Occupational health and safety\n5—Object\nThe object of this Part is to prescribe matters related to occupational health and safety on offshore petroleum facilities.\n6—Relationship with other Parts\nThe requirements of this Part are in addition to the requirements imposed on a person by any Parts of these regulations.\n7—Definitions\nIn this Part, unless the contrary intention appears—\ndesignated work group has the meaning given in clause 3 of Schedule 7 of the Act;\nelection means an election for a health and safety representative or a deputy health and safety representative under clause 25 or 32 of Schedule 7 of the Act;\nemployer has the meaning given in clause 3 of Schedule 7 of the Act;\nfacility has the meaning given in clause 3 of Schedule 7 of the Act;\nhealth and safety representative means a person selected as a health and safety representative for a designated work group under clause 24 of Schedule 7 of the Act;\noperator has the meaning given in clause 3 of Schedule 7 of the Act;\nreturning officer means a person appointed as a returning officer under regulation 15;\nvoter means a person who is eligible to vote in an election;\nwork has the meaning given in clause 3 of Schedule 7 of the Act;\nworkplace has the meaning given in clause 3 of Schedule 7 of the Act.\n","sortOrder":1},{"sectionNumber":"Div 2","sectionType":"division","heading":"Regulations relating to health and safety","content":"Division 2—Regulations relating to health and safety\n8—Avoiding fatigue\n\t(2)\tThe person must not allow, or require, a member of the workforce who is under the person's control, to work for—\n\t(a)\ta continuous period; or\n\t(b)\tsuccessive continuous periods,\nof a duration that could reasonably be expected to have an adverse effect on the health or safety of the member of the workforce or other persons at or near the facility.\n9—Possession or control of drugs or intoxicants\n\t(1)\tA person on a facility must not have possession or control of—\n\t(a)\ta controlled substance; or\n\t(b)\tan intoxicant.\n\t(2)\tIt is a defence to a prosecution under subregulation (1)—\n\t(a)\tthat the person had possession or control of a controlled substance that is a therapeutic drug; and\n\t(b)\tthat the person had the therapeutic drug under their possession or control—\n\t(i)\tin the course of the person's employment; or\n\t(ii)\tin the course of the person's duties or practice as a medical practitioner, nurse or pharmacist; or\n\t(iii)\tin accordance with the law of this State; or\n\t(iv)\tif the person had lawfully acquired the therapeutic drug—for the person's bona fide personal use.\n10—Person must leave the facility when instructed to do so\n\t(1)\tA person on a facility must leave the facility if instructed to do so by a person in command of the facility.\n\t(2)\tAn instruction—\n\t(a)\tin the case of an emergency—may be given orally; or\n\t(b)\tin any other case, relevant to occupational health and safety on the facility—\n\t(i)\tmust be in writing; and\n\t(ii)\tmust include the reason for the instruction.\n11—Prohibition on the use of certain hazardous substances\n\t(2)\tThe person must not allow a hazardous substance, referred to in column 2 of an item in Part 2 or Part 3 of Schedule 1, to be used in any circumstance other than a circumstance specified in column 3 of the item.\n\t(3)\tIt is a defence to a prosecution against subregulation (2) that the use is in accordance with an exemption granted by the Safety Authority under regulation 14.\n\t(4)\tSubregulation (2) does not apply to the use of chrysotile asbestos if the use is permitted under regulation 3.4 of the Offshore Petroleum and Greenhouse Gas Storage (Safety) Regulations 2009 of the Commonwealth.\n12—Limitations on exposure to certain hazardous substances\n\t(2)\tThe person must not allow a member of the workforce, under the person's control, to be exposed to an airborne concentration of a hazardous substance in the breathing zone of the member of the workforce at a level that exceeds the appropriate exposure standard for the relevant period of time.\n\t(3)\tIt is a defence to a prosecution against subregulation (2) that the airborne concentration of the hazardous substance in the breathing zone of the member of the workforce is in accordance with an exemption given by the Safety Authority under regulation 14.\n\t(4)\tIn this regulation—\nappropriate exposure standard means an airborne concentration for a substance as set out in the Adopted National Exposure Standards for Atmospheric Contaminants in the Occupational Environment [NOHSC: 1003(1995)] published by the National Occupational Health and Safety Commission, as existing from time to time;\nhazardous substance has the same meaning as in regulation 3.5 of the Offshore Petroleum and Greenhouse Gas Storage (Safety) Regulations 2009 of the Commonwealth.\n13—Exposure to noise\n\t(a)\tan operator; or\n\t(b)\tan employer; or\n\t(2)\tThe person must not allow a member of the workforce who is under the person's control to be exposed to a level of noise that is in excess of the noise exposure standard.\n\t(3)\tIt is a defence to a prosecution for an offence against subregulation (2) that the level of noise to which the member of the workforce is exposed, is in accordance with an exemption given by the Safety Authority under regulation 14.\n\t(4)\tIn this regulation—\nnoise exposure standard means the noise exposure standard set out in the National Standard for Occupational Noise [NOHSC: 1007(2000)] published by the National Occupational Health and Safety Commission, as existing from time to time.\n14—Exemptions from hazardous substances and noise requirements\n\t(a)\tan operator; or\n\t(b)\tan employer; or\n\t(2)\tA person mentioned in subregulation (1) may apply to the Safety Authority for an exemption from compliance with regulation 11(2), 12(2) or 13(2).\n\t(3)\tThe Safety Authority may grant an exemption if it considers that, in specified circumstances, compliance is not practicable.\n\t(4)\tThe Safety Authority may specify conditions and limitations on an exemption.\n","sortOrder":2},{"sectionNumber":"Div 3","sectionType":"division","heading":"Elections of health and safety representatives","content":"Division 3—Elections of health and safety representatives\n","sortOrder":3},{"sectionNumber":"Subdiv 1","sectionType":"subdivision","heading":"Returning officer","content":"Subdivision 1—Returning officer\n15—Appointment of returning officer\n\t(1)\tIf, under clause 25(3) of Schedule 7 of the Act, an operator is required to conduct an election, or arrange for the conduct of an election, the operator must nominate a person to act as the returning officer for the election.\n\t(2)\tThe operator must notify the Safety Authority of the nomination.\n\t(3)\tThe Safety Authority may—\n\t(a)\tapprove the nomination and appoint the nominee as returning officer; or\n\t(b)\tappoint another person as returning officer.\n","sortOrder":4},{"sectionNumber":"Subdiv 2","sectionType":"subdivision","heading":"The poll","content":"Subdivision 2—The poll\n16—Number of votes\nEach person eligible to vote in an election is entitled to 1 vote only in the election.\n17—Right to secret ballot\nA person eligible to vote in an election may request the returning officer for the election to conduct the poll for the election by secret ballot.\n18—Conduct of poll by secret ballot\n\t(1)\tAs soon as practicable after a request under regulation 17, the returning officer must issue ballot papers for the poll to voters.\n\t(2)\tThe returning officer must conduct the poll in accordance with Subdivision 3 and Subdivision 4.\n19—Conduct of poll if no request made for secret ballot\nSubject to Subdivision 5, if no request is made for a secret ballot, the returning officer for an election may conduct a poll for the election in a manner determined by them to produce a fair result.\n20—If no candidate is elected\nIf, in an election, no candidate is elected, the election is taken to have failed.\n","sortOrder":5},{"sectionNumber":"Subdiv 3","sectionType":"subdivision","heading":"Polling by secret ballot","content":"Subdivision 3—Polling by secret ballot\n21—Ballot papers\nA ballot paper must—\n\t(a)\tstate the election to which it relates; and\n\t(b)\tset out the name of each candidate in alphabetical order; and\n\t(c)\tstate the manner of voting.\n22—Distribution of ballot papers\n\t(1)\tAs soon as practicable before the close of a poll by secret ballot, the returning officer for an election must give to each voter—\n\t(a)\ta ballot paper that is initialled by the returning officer; and\n\t(b)\tan envelope that—\n\t(i)\tis addressed to the returning officer; and\n\t(ii)\tshows on its face that it relates to the election.\n\t(2)\tThe envelope given to a voter by a returning officer—\n\t(a)\tmay be pre‑paid as to postage; and\n\t(b)\tin that case—may include on its face a statement by the returning officer that the envelope may be posted to the returning officer without expense to the voter.\n\t(3)\tThe returning officer must ensure that the ballot paper and envelope are enclosed in a covering envelope that is sealed and addressed to the voter.\n23—Manner of voting by secret ballot\n\t(1)\tA voter in a poll by secret ballot must mark the ballot paper to indicate their preference by placing the number 1 in the box printed opposite the name of the candidate for whom that person wishes to vote.\n\t(2)\tAfter marking the ballot paper, the voter must—\n\t(a)\tfold the ballot paper so as to conceal the marking; and\n\t(b)\tput the ballot paper in the envelope referred to in regulation 22(1)(b) and seal the envelope; and\n\t(c)\tlodge the ballot by—\n\t(i)\tputting the envelope containing the ballot paper in a locked and sealed ballot box, provided for the election by the returning officer, in a secure part of the workplace where the members of the workforce in the designated work group to which the election relates may place envelopes of that kind; or\n\t(ii)\tsending the envelope to the returning officer so as to reach them not later than the close of the poll.\n\t(3)\tIf, before lodging their ballot, a voter—\n\t(a)\tclaims that they have spoilt their ballot paper; and\n\t(b)\treturns the ballot paper to the returning officer; and\n\t(c)\trequests a further ballot paper,\nthe returning officer must—\n\t(d)\tgive the voter a fresh ballot paper; and\n\t(e)\twrite the word \"spoilt\" across the returned ballot paper and sign and date the writing; and\n\t(f)\tretain the spoilt ballot paper until the end of 6 months after notification of the result of the poll is given under regulation 34.\n","sortOrder":6},{"sectionNumber":"Subdiv 4","sectionType":"subdivision","heading":"The count","content":"Subdivision 4—The count\n24—Envelopes given to returning officer\n\t(1)\tA returning officer for an election must—\n\t(a)\tkeep the ballots received by them before the close of the poll secure; and\n\t(b)\tkeep the envelopes containing the ballot papers unopened until the count.\n\t(2)\tThe returning officer must not admit to the count ballot papers received after the close of the poll.\n25—Scrutineers\nEach candidate in a poll conducted by secret ballot may appoint 1 scrutineer to represent the candidate at the count.\n26—Returning officer to be advised of scrutineers\nA candidate must tell the returning officer for the election the name of their scrutineer (if any) before the commencement of the count.\n27—Persons present at the count\n\t(1)\tThe returning officer for an election may direct a person to leave the place where the count is being conducted if the person—\n\t(a)\tis not entitled to be present, or to remain present, at the count; or\n\t(b)\tbeing entitled to be present, interrupts the count, except as provided by subregulation (2).\n\t(2)\tA candidate's scrutineer may interrupt the count and so inform the returning officer if the scrutineer—\n\t(a)\tobjects to a decision by the returning officer that a ballot paper is formal or informal, as the case may be; or\n\t(b)\tconsiders that an error has been made in the conduct of the count.\n\t(3)\tA person who does not comply with a direction given to them under subregulation (1) is guilty of an offence.\n\t(4)\tHowever, it is a defence to a prosecution for an offence against subregulation (3) if the person has a reasonable excuse.\n28—Conduct of the count\n\t(1)\tAs soon as practicable after the close of the poll, the returning officer must count the votes for each candidate.\n\t(2)\tA scrutineer, appointed under regulation 25, may be present at the count.\n\t(3)\tA returning officer must, as soon as practicable before the count, notify each candidate, or a scrutineer of each candidate, of the place where, and the time when, the count is to occur.\n\t(4)\tThe candidate who receives the most votes is the successful candidate.\n\t(5)\tIf 2 or more candidates receive the same number of votes, the successful candidate is to be determined by lots drawn by the returning officer.\n29—Informal ballot papers\nA ballot paper is informal if—\n\t(a)\tit is not initialled by the returning officer; or\n\t(b)\tit has no vote marked on it; or\n\t(c)\tit is so imperfectly marked that the intention of the person who marked the ballot paper is not clear; or\n\t(d)\tit has any mark or writing on it by which the person who marked the ballot paper can be identified.\n30—Completion of the count\nAfter the count conducted in respect of a poll has been completed, the returning officer must prepare, date and sign a statement setting out—\n\t(a)\tthe number of valid votes given to each candidate; and\n\t(b)\tthe number of informal ballot papers.\n31—Destruction of election material\nAt the end of 6 months after notification of the result of the poll for an election is given under regulation 34 the returning officer may destroy—\n\t(a)\tthe nominations for that election; and\n\t(b)\tthe ballot papers, including any spoilt ballot papers, for the election.\n","sortOrder":7},{"sectionNumber":"Subdiv 5","sectionType":"subdivision","heading":"Result of election","content":"Subdivision 5—Result of election\n32—Request for recount\n\t(1)\tAt any time before notification of the result of the poll for an election is given under regulation 34, the returning officer—\n\t(a)\ton their own initiative—may conduct a recount of any ballot papers received in the election; or\n\t(b)\tif a candidate makes a request, either orally or in writing, for a recount of any ballot papers received in the election and gives reasons for the request—must conduct a recount of the ballot papers.\n\t(2)\tIn conducting a recount, the returning officer—\n\t(a)\tin the case of a poll by secret ballot—has the same powers for the purposes of the recount as they had in the count; and\n\t(b)\tin any other case—may make any reasonable decision in respect of the allowance and admission, or disallowance and rejection, of a vote cast in the poll.\n33—Irregularities at election\n\t(1)\tSubject to subregulation (2), if the returning officer has reasonable grounds to believe that there has been an irregularity in the conduct of an election, the returning officer may, at any time before notification of the result of the poll is given under regulation 34, declare the election to be void.\n\t(2)\tAn election must not be declared to be void only because of—\n\t(a)\ta defect or irregularity in the conduct of the election that did not affect the result of the election; or\n\t(b)\tan error or defect in an instrument or other document made, or purporting to be made, for the purposes of this Division; or\n\t(c)\tan illegal practice, other than bribery or corruption, or attempted bribery or corruption, having been engaged in by a person, unless—\n\t(i)\tit is likely that the result of the election was affected by the practice; and\n\t(ii)\tit is just that the election be declared void.\n\t(3)\tIf an election is declared void, regulation 34 applies as if the election had failed.\n34—Result of poll\n\t(1)\tAs soon as practicable after the failure of an election, a returning officer must notify in writing—\n\t(a)\tthe operator of the facility to which the election relates; and\n\t(b)\tthe Safety Authority,\nof the failure of the election.\n\t(2)\tAs soon as practicable after the close of the poll for an election that has not failed, the returning officer must notify in writing the candidate who is elected and enclose with the notification a copy of the statement prepared under regulation 30.\n","sortOrder":8},{"sectionNumber":"Div 4","sectionType":"division","heading":"Advice, investigations and inquiries","content":"Division 4—Advice, investigations and inquiries\n35—Taking samples for testing etc\n\t(1)\tIf a sample of a substance or thing taken under clause 57(1) of Schedule 7 of the Act is safely and practicably divisible, the OHS inspector who has taken the sample must—\n\t(a)\tdivide the sample into 3 parts; and\n\t(b)\tput each part into a container and seal and label the container appropriately; and\n\t(c)\tgive one part to the operator or the employer for whom the substance or thing was being used; and\n\t(d)\tprovide another part for inspection, examination, measuring or testing for the purposes of Schedule 7 of the Act; and\n\t(e)\tretain the remaining part for any further inspection, examination, measuring or testing that is required.\n\t(2)\tIf a sample of a substance or thing taken under clause 57(1) of Schedule 7 of the Act is not safely and practicably divisible, the OHS inspector who has taken the sample must provide the whole sample for inspection, examination, measuring or testing for the purposes of that Schedule.\n\t(3)\tAn OHS inspector who, under clause 57(1) of Schedule 7 of the Act—\n\t(a)\thas taken possession of any plant, substance or thing; or\n\t(b)\thas taken a sample of a substance or thing,\nand removed the plant, substance or thing or the sample from the workplace must take all reasonable steps to ensure that, while in their possession or control—\n\t(c)\tthe plant, substance or thing is not damaged; or\n\t(d)\tthe sample is not contaminated.\n36—Form of certain notices\nA notice issued by an elected health and safety representative or OHS inspector under a following provision of Schedule 7 of the Act must be in accordance with the form in Schedule 2 of these regulations specified in relation to the provision concerned:\n\t(a)\tclause 37(2)—Form 1;\n\t(b)\tclause 57(1)—Form 2;\n\t(c)\tclause 58(1)—Form 3;\n\t(d)\tclause 59(1)—Form 4;\n\t(e)\tclause 61(1)—Form 5.\n","sortOrder":9},{"sectionNumber":"Div 5","sectionType":"division","heading":"Exemptions from the requirements in Part 3 of Schedule 7 of the Act","content":"Division 5—Exemptions from the requirements in Part 3 of Schedule 7 of the Act\n37—Orders under clause 45 of Schedule 7 of the Act\n\t(1)\tFor the purposes of clause 45(1) of Schedule 7 of the Act, a person may apply in writing to the Safety Authority for an order exempting the person from 1 or more of the provisions of Part 3 of that Schedule.\n\t(2)\tWithin 28 days after the Safety Authority receives an application, the Safety Authority must decide whether or not to make the order.\n\t(3)\tIn making the decision, the Safety Authority must—\n\t(a)\tconsult with persons who might be affected by the decision to grant or refuse an exemption; and\n\t(b)\ttake into account submissions made by those persons.\nExamples—\n","sortOrder":10},{"sectionNumber":"1","sectionType":"section","heading":"If an operator applies for an exemption, a health and safety representative might be an affected person.","content":"1\tIf an operator applies for an exemption, a health and safety representative might be an affected person.\n","sortOrder":11},{"sectionNumber":"2","sectionType":"section","heading":"If a health and safety representative applies for an exemption, an operator might be an affected person.","content":"2\tIf a health and safety representative applies for an exemption, an operator might be an affected person.\n\t(4)\tIn granting an exemption, the Safety Authority—\n\t(a)\tmay grant an exemption subject to conditions; and\n\t(b)\tmay specify a period of time in which an exemption applies.\n\t(5)\tThe Safety Authority must give reasons for the decision.\n","sortOrder":12},{"sectionNumber":"Div 6","sectionType":"division","heading":"State laws that do not apply","content":"Division 6—State laws that do not apply\n38—Prescribed occupational health and safety laws\nThe following laws of this State are prescribed for the purposes of section 14A of the Act:\n\t(a)\tDangerous Substances Act 1979;\n\t(b)\tEnergy Products (Safety and Efficiency) Act 2000;\n\t(c)\tElectricity Act 1996, to the extent that it relates to occupational health and safety;\n\t(d)\tWork Health and Safety Act 2012.\n39—Service of notices\n\t(1)\tFor the purposes of Schedule 7 of the Act and this Part, a notice that is to be given to a body corporate may be given to a director, principal executive officer or secretary of the body corporate.\n\t(2)\tFor the purposes of Schedule 7 of the Act and this Part, a notice or report may be given to a person by email with a copy of the notice or report to be sent by pre‑paid post to the person's address.\n","sortOrder":13},{"sectionNumber":"Part 3","sectionType":"part","heading":"Management of safety on offshore facilities","content":"Part 3—Management of safety on offshore facilities\n40—Object\nThe object of this Part is to ensure that—\n\t(a)\toffshore petroleum facilities are constructed, installed, operated, modified and decommissioned in the adjacent area only in accordance with safety cases that have been accepted by the Safety Authority; and\n\t(b)\tsafety cases for offshore petroleum facilities or proposed offshore petroleum facilities make provision for the following matters in relation to the health and safety of persons at or near the facilities:\n\t(i)\tthe identification of hazards, and assessment of risks;\n\t(ii)\tthe implementation of measures to eliminate the hazards, or otherwise control the risks;\n\t(iii)\ta comprehensive and integrated system for management of the hazards and risks;\n\t(iv)\tmonitoring, audit, review and continuous improvement; and\n\t(c)\tthe risks to the health and safety of persons at the facilities are reduced to a level that is as low as reasonably practicable.\n41—Relationship with other Parts\nThe requirements of this Part are in addition to the requirements imposed on a person by any other Part.\n42—Definitions\nIn this Part, unless the contrary intention appears—\nconfined space means an enclosed, or partially enclosed, space that—\n\t(a)\tis not used or intended for use as a regular workplace; and\n\t(b)\thas restricted means of entry and exit; and\n\t(c)\thas, or may have, inadequate ventilation, contaminated atmosphere or oxygen deficiency; and\n\t(d)\tis at atmospheric pressure when occupied;\ncontractor has the meaning given by clause 3 of Schedule 7 of the Act;\ndangerous occurrence has the meaning given by regulation 83;\nemergency, in relation to a facility, means an urgent situation that presents, or may present, a risk of death or serious injury to persons at the facility;\nfacility means a facility described in clause 3 of Schedule 7 of the Act, other than a facility mentioned in clause 4(8) of Schedule 7 of the Act;\n1\tClause 3 of Schedule 7 of the Act includes, in the definition of facility, a facility that is being constructed or installed and, in some circumstances, an associated offshore place in relation to a facility.\n2\tA facility mentioned in clause 4(8) of Schedule 7 of the Act is a pipeline. Pipelines are regulated under Part 4 of these regulations.\nfacility owner includes an owner, a charterer or a lessee of a facility or a proposed facility;\nin force, in relation to a safety case, including a revised safety case, means that—\n\t(a)\tthe safety case has been accepted by the Safety Authority in relation to a facility; and\n\t(b)\tthe acceptance of the safety case has not been withdrawn;\nmajor accident event means an event connected with a facility, including a natural event, having the potential to cause multiple fatalities of persons at or near the facility;\noperator, for a facility, or proposed facility, means a person registered under regulation 44 as the operator for the facility or proposed facility by the Safety Authority;\nperformance standard means a standard, established by the operator, of the performance required of a system, item of equipment, person or procedure which is used as a basis for managing the risk of a major accident event;\nrevise, in relation to a safety case, includes extend or modify;\nsafety management system, for a facility, means a system for managing occupational health and safety at the facility;\nstage in the life of the facility means any of the following:\n\t(a)\tconstruction of the facility;\n\t(b)\tinstallation of the facility;\n\t(c)\toperation of the facility;\n\t(d)\tmodification of the facility;\n\t(e)\tdecommissioning of the facility;\ntitleholder, in relation to a facility means a permittee, lessee, licensee or pipeline licensee under Part 3 of the Act;\nvalidation has the meaning given by regulation 81.\n43—Nomination of operator\n\t(1)\tA facility owner or a titleholder may send to the Safety Authority a written notice nominating a person to be the operator for a facility or a proposed facility.\n\t(2)\tA notice under subregulation (1) must include—\n\t(b)\tthe person's contact details, including—\n\t(i)\ta business address; and\n\t(ii)\ta telephone number and an email address for the operator during business hours; and\n\t(iii)\ta telephone number and an email address for the operator outside business hours; and\n\t(c)\tthe person's ACN, if applicable; and\n\t(d)\tthe person's written consent to the nomination.\n44—Acceptance or rejection of nomination of operator\n\t(1)\tThe Safety Authority must accept the nomination of a person as an operator if it is satisfied that the person has, or will have, the day‑to‑day management and control of—\n\t(a)\tthe facility or proposed facility; and\n\t(b)\toperations at the facility or proposed facility.\n\t(2)\tIf the Safety Authority is not satisfied of the matters in subregulation (1)(a) and (b), it must reject the nomination.\n\t(3)\tIf the Safety Authority accepts the nomination, it must register the nominee as the operator of the facility or proposed facility.\n\t(4)\tThe Safety Authority must notify the owner or titleholder who made the nomination, and the nominee—\n\t(a)\tof the decision to accept or reject the nomination; and\n\t(b)\tif the Safety Authority has decided to reject the nomination—of the reasons for the rejection.\n45—Register of operators\n\t(1)\tThe Safety Authority must maintain the register of operators.\n\t(2)\tAn owner or titleholder who has nominated a person to be the operator of a facility, or the operator of the facility, may notify the Safety Authority, in writing, that the registered operator has ceased to be the person who has, or will have, the day‑to‑day management and control of—\n\t(a)\tthe facility or proposed facility; and\n\t(b)\toperations at the facility or proposed facility.\n\t(3)\tOn receipt of a notice under subregulation (2), the Safety Authority must remove the operator's name from the register.\n\t(4)\tThe Safety Authority may remove an operator's name from the register if—\n\t(a)\tthe Safety Authority believes, on reasonable grounds, that the operator does not or will not have day‑to‑day control of the facility and operations at the facility; and\n\t(b)\tthe Safety Authority has given notice of intention to remove the operator from the register to—\n\t(i)\tthe person who nominated the operator; and\n\t(ii)\tthe operator; and\n\t(c)\tthe Safety Authority has allowed a period of 30 days for the nominator and the operator to make representations; and\n\t(d)\tthe Safety Authority has considered those representations and continues to believe on reasonable grounds that the operator does not, or will not, have day‑to‑day management and control of the facility and operations at the facility.\nDivision 3—Safety cases\nSubdivision 1—Contents of safety case\n46—Facility description, formal safety assessment and safety management system\n\t(1)\tThe safety case for a facility must contain—\n\t(a)\ta description of the facility that complies with subregulation (2); and\n\t(b)\ta detailed description of the formal safety assessment for the facility that provides evidence that the formal safety assessment complies with subregulation (3); and\n\t(c)\ta detailed description of the safety management system that provides evidence that the system complies with subregulation (4).\n\t(2)\tThe description of the facility must give details of—\n\t(a)\tthe layout of the facility; and\n\t(b)\tthe technical and other control measures identified as a result of the formal safety assessment; and\n\t(c)\tthe activities that will, or are likely to, take place at, or in connection with, the facility; and\n\t(d)\tany other relevant matters.\n\t(3)\tThe formal safety assessment is an assessment, or series of assessments, conducted by the operator that—\n\t(a)\tidentifies all hazards having the potential to cause a major accident event; and\n\t(b)\tis a detailed and systematic assessment of the risk associated with each of those hazards, including the likelihood and consequences of each potential major accident event; and\n\t(c)\tidentifies the technical and other control measures that are necessary to reduce that risk to a level that is as low as reasonably practicable.\nA formal safety assessment relates only to major accident events.\n\t(4)\tThe safety management system for a facility must—\n\t(a)\tbe comprehensive and integrated; and\n\t(b)\tprovide for all activities that will, or are likely to, take place at, or in connection with, the facility; and\n\t(c)\tprovide for the continual and systematic identification of hazards to health and safety of persons at or near the facility; and\n\t(d)\tprovide for the continual and systematic assessment of—\n\t(i)\tthe likelihood of the occurrence, during normal or emergency situations, of injury or occupational illness associated with those hazards; and\n\t(ii)\tthe likely nature of such injury or occupational illness; and\n\t(e)\tprovide for the reduction to a level that is as low as reasonably practicable of risks to health and safety of persons at or near the facility including, but not limited to—\n\t(i)\trisks arising during evacuation, escape and rescue in case of emergency; and\n\t(ii)\trisks arising from equipment and hardware; and\n\t(f)\tprovide for inspection, testing and maintenance of the equipment and hardware that are the physical control measures for those risks; and\n\t(g)\tprovide for adequate communications between the facility and any relevant—\n\t(i)\tfacility; or\n\t(ii)\tvessel; or\n\t(iii)\taircraft; or\n\t(iv)\ton‑shore installation; and\n\t(h)\tprovide for any other matter that is necessary to ensure that the safety management system meets the requirements and objects of this Part; and\n\t(i)\tspecify the performance standards that apply.\nThe safety management system must provide for all hazards and risks to persons at the facility, not just risks of major accident events.\n\t(5)\tIf an operator of a facility submits to the Safety Authority a safety case for the construction or installation stage in the life of the facility, the safety case must contain the matters mentioned in subregulation (1) in relation to—\n\t(a)\tthe facility at that stage in the life of the facility; and\n\t(b)\tthe activities that will, or are likely to, take place at, or in connection with, the facility during that stage in the life of the facility; and\n\t(c)\tto the extent that it is practicable—the facility and the activities that will, or are likely to, take place when the facility is in operation.\n47—Implementation and improvement of the safety management system\nThe safety case for a facility must demonstrate that there are effective means of ensuring—\n\t(a)\tthe implementation of the safety management system; and\n\t(b)\tcontinual and systematic identification of deficiencies in the safety management system; and\n\t(c)\tcontinual and systematic improvement of the safety management system.\n48—Standards to be applied\nThe safety case for a facility must specify all Australian and international standards that have been applied, or will be applied, in relation to the facility or plant used on or in connection with the facility for the relevant stage or stages in the life of the facility for which the safety case is submitted.\n49—Command structure\n\t(1)\tThe safety case for a facility must specify—\n\t(a)\tan office or position at the facility, the occupant of which is in command of the facility and responsible for its safe operation when on duty; and\n\t(b)\tan office or position at the facility, the occupant of which is responsible for implementing and supervising procedures in the event of an emergency at the facility; and\n\t(c)\tthe command structure that applies in the event of an emergency at the facility.\nThe same person may occupy both of the offices or positions mentioned in subregulation (1)(a) and (b).\n\t(2)\tThe safety case must describe, in detail, the means by which the operator will ensure that, as far as reasonably practicable—\n\t(a)\tthe offices or positions mentioned in subregulation (1) are continuously occupied while the facility is in operation; and\n\t(b)\tthe person who occupies each office or position mentioned in subregulation (1) has the necessary skills, training and ability to perform the functions of the office or position; and\n\t(c)\tthe identity of the persons who occupy each office or position, and the command structure can, at all times, be readily ascertained by any person at the facility.\n50—Members of the workforce must be competent\nThe safety case for a facility must describe the means by which the operator will ensure that each member of the workforce at the facility has the necessary skills, training and ability—\n\t(a)\tto undertake routine and non‑routine tasks that might reasonably be given to them—\n\t(i)\tin normal operating conditions; and\n\t(ii)\tin abnormal or emergency conditions; and\n\t(iii)\tduring any changes to the facility; and\n\t(b)\tto respond and react appropriately, and at the level that might be reasonably required of them, during an emergency.\n51—\"Permit to work\" system for safe performance of various activities\n\t(1)\tThe safety case in respect of a facility must provide for the operator of the facility to establish and maintain, in accordance with subregulation (2), a documented system of coordinating and controlling the safe performance of all work activities of members of the workforce at the facility, including in particular—\n\t(a)\twelding and other hot work; and\n\t(b)\tcold work (including physical isolation); and\n\t(c)\telectrical work (including electrical isolation); and\n\t(d)\tentry into, and working in a confined space; and\n\t(e)\tprocedures for working over water; and\n\t(f)\tdiving operations.\nThe expression confined space is defined in regulation 42.\n\t(2)\tThe system must—\n\t(a)\tform part of the safety management system described in the safety case in force for the facility; and\n\t(b)\tidentify the persons having responsibility to authorise and supervise work; and\n\t(c)\tensure that members of the workforce are competent in the application of the permit to work system.\n52—Involvement of members of the workforce\n\t(1)\tThe operator of a facility must demonstrate to the Safety Authority, to the reasonable satisfaction of the Safety Authority, that—\n\t(a)\tin the development or revision of the safety case in relation to the facility, there has been effective consultation with, and participation of, members of the workforce; and\n\t(b)\tthe safety case provides adequately for effective consultation with, and the effective participation of, the members of the workforce, so that they are able to arrive at informed opinions about the risks and hazards to which they may be exposed on the facility.\n\t(2)\tA demonstration for the purposes of subregulation (1) must be supported by adequate documentation.\n\t(3)\tIn this regulation—\nmembers of the workforce includes members of the workforce who are—\n\t(a)\tidentifiable before the safety case is developed; and\n\t(b)\tworking, or likely to be working, on the relevant facility.\nPart 3 of Schedule 7 of the Act sets out consultative provisions that apply, including provisions for the establishment of designated workgroups, the election of health and safety representatives and the establishment of OHS committees. The arrangements under these consultative provisions should be used for consultation with members of the workforce about the development, preparation and revision of the safety case.\n53—Design, construction, installation, maintenance and modification\n\t(1)\tThe safety case for a facility must describe the means by which the operator will ensure the adequacy of the design, construction, installation, maintenance or modification of the facility, for the relevant stage or stages in the life of the facility for which the safety case has been submitted.\n\t(2)\tIn particular, the design, construction, installation, maintenance and modification of the facility must provide for—\n\t(a)\tadequate means of inventory isolation and pressure relief in the event of an emergency; and\n\t(b)\tadequate means of gaining access for servicing and maintenance of the facility and machinery and other equipment on board the facility; and\n\t(c)\tadequate means of maintaining the structural integrity of a facility; and\n\t(d)\timplementation of the technical and other control measures identified as a result of the formal safety assessment.\n54—Medical and pharmaceutical supplies and services\nThe safety case in respect of a facility must specify the medical and pharmaceutical supplies and services, sufficient for an emergency situation, that must be maintained on, or in respect of, the facility.\n55—Machinery and equipment\n\t(1)\tThe safety case in respect of a facility must specify the equipment required on the facility (including process equipment, machinery and electrical and instrumentation systems) that relates to, or may affect, the safety of the facility.\n\t(2)\tThe equipment must be fit for its function or use—\n\t(a)\tin normal operating conditions; and\n\t(b)\tto the extent that it is intended to function, or be used, in an emergency—in case of emergency.\n56—Drugs and intoxicants\nThe safety case for a facility must describe the means by which the operator will ensure that there is in place, or will be put in place, a method of—\n\t(a)\tsecuring, supplying, and monitoring the use of, therapeutic drugs on the facility; and\n\t(b)\tpreventing the use on the facility of—\n\t(i)\tcontrolled substances (other than therapeutic drugs); and\n\t(ii)\tintoxicants.\n57—Evacuation, escape and rescue analysis\n\t(1)\tThe safety case for a facility must contain a detailed description of an evacuation, escape and rescue analysis.\n\t(2)\tThe evacuation, escape and rescue analysis must—\n\t(a)\tidentify the types of emergency that could arise at the facility; and\n\t(b)\tconsider a range of routes for evacuation and escape of persons at the facility in the event of an emergency; and\n\t(c)\tconsider alternative routes for evacuation and escape if a primary route is not freely passable; and\n\t(d)\tconsider different possible procedures for managing evacuation, escape and rescue in the event of an emergency; and\n\t(e)\tconsider a range of means of, and equipment for, evacuation, escape and rescue; and\n\t(f)\tconsider a range of amenities and means of emergency communication to be provided in a temporary refuge; and\n\t(g)\tconsider a range of life saving equipment, including—\n\t(i)\tlife rafts to accommodate safely the maximum number of persons that are likely to be at the facility at any time; and\n\t(ii)\tequipment to enable that number of persons to obtain access to the life rafts after launching and deployment; and\n\t(iii)\tin the case of a floating facility—suitable equipment to provide a float‑free capability and a means of launching; and\n\t(h)\tidentify, as a result of the above considerations, the technical and other control measures necessary to reduce the risks associated with emergencies to a level that is as low as reasonably practicable.\nIn so far as it addresses major accident events, the evacuation, escape and rescue analysis forms part of the formal safety assessment.\n58—Fire and explosion risk analysis\n\t(1)\tThe safety case for a facility must contain a detailed description of a fire and explosion risk analysis.\n\t(2)\tThe fire and explosion risk analysis must—\n\t(a)\tidentify the types of fires and explosions that could occur at the facility; and\n\t(b)\tconsider a range of measures for detecting those fires and explosions in the event that they do occur; and\n\t(c)\tconsider a range of measures for eliminating those potential fires and explosions, or for otherwise reducing the risk arising from fires and explosions; and\n\t(d)\tconsider the incorporation into the facility of both automatic and manual systems for the detection, control and extinguishment of—\n\t(i)\toutbreaks of fire; and\n\t(ii)\tleaks or escapes of petroleum; and\n\t(e)\tconsider a range of means of isolating and safely storing hazardous substances, such as fuel, explosives and chemicals, that are used or stored at the facility; and\n\t(f)\tconsider the evacuation, escape and rescue analysis, in so far as it relates to fires and explosions; and\n\t(g)\tidentify, as a result of the above considerations, the technical and other control measures necessary to reduce the risks associated with fires and explosions to a level that is as low as reasonably practicable.\nIn so far as it addresses major accident events, the fire and explosion risk analysis forms part of the formal safety assessment.\n59—Emergency communications systems\n\t(1)\tThe safety case in respect of a facility must provide for communications systems—\n\t(a)\twithin the facility; and\n\t(b)\tbetween the facility and—\n\t(i)\tappropriate on‑shore installations; and\n\t(ii)\tappropriate vessels and aircraft; and\n\t(iii)\tother appropriate facilities,\nthat, in the event of an emergency in connection with the facility, is adequate for those kinds of communication.\n\t(2)\tIn particular, the safety case must provide for the communications systems of the facility to be—\n\t(a)\tadequate to handle—\n\t(i)\ta likely emergency on or relating to the facility; and\n\t(ii)\tthe operation requirements of the facility; and\n\t(b)\tprotected so as to be capable of operation in an emergency to the extent specified by the formal safety assessment relating to the facility.\n60—Control systems\nThe safety case in respect of a facility must make adequate provision for the facility, in the event of an emergency, in respect of—\n\t(a)\tback‑up power supply; and\n\t(b)\tlighting; and\n\t(c)\talarm systems; and\n\t(d)\tballast control; and\n\t(e)\temergency shut‑down systems.\n61—Emergency preparedness\n\t(1)\tThe safety case for a facility must—\n\t(a)\tdescribe a response plan designed to address possible emergencies, the risk of which has been identified in the formal safety assessment for the facility; and\n\t(b)\tprovide for the implementation of that plan.\n\t(2)\tThe plan must—\n\t(a)\tensure, as far as reasonably practicable, the safety of persons likely to be on the facility at the time of the emergency; and\n\t(b)\tspecify the performance standards that it applies.\n\t(3)\tThe safety case must make adequate provision for escape drill exercises and fire drill exercises by persons on the facility.\n\t(4)\tIn particular, those exercises must ensure that those persons will be trained to function in the event of emergency with an adequate degree of knowledge, preparedness and confidence concerning the relevant emergency procedures.\n\t(5)\tThe safety case must provide for the operator of the facility to ensure, as far as reasonably practicable, that escape drill exercises and fire drill exercises are held in accordance with the safety case relating to the facility.\n\t(6)\tThe safety case in respect of a mobile facility must also specify systems that are adequate to—\n\t(a)\tshut down or disconnect, in the event of emergency, all operations on the facility that could adversely affect the safety of the facility; and\n\t(b)\tgive appropriate audible and visible warnings of the shutting down or disconnecting of those operations.\n62—Pipelines\n\t(1)\tThe safety case in respect of a facility must specify adequate procedures for shutting down or isolating, in the event of emergency, each pipeline connected to the facility, so as to stop the flow of hazardous substances through the pipeline.\n\t(2)\tIn particular, the procedures must include—\n\t(a)\teffective means of controlling and operating all relevant emergency shut‑down valves for a pipeline; and\n\t(b)\ta fail‑safe system of isolating a pipeline in the event of failure of other safety devices for the pipeline.\n\t(3)\tThe safety case in respect of a facility must also specify—\n\t(a)\tadequate means of mitigating, in the event of emergency, the risks associated with each pipeline connected to the facility; and\n\t(b)\ta frequency of periodic inspection and testing of pipeline emergency shut‑down valves that can reasonably be expected to ensure that they will operate correctly in an emergency.\n63—Vessel and aircraft control\n\t(1)\tThe safety case for a facility must describe a system, that is implemented or will be implemented, as part of the operation of the facility that ensures, as far as reasonably practicable, the safe performance of operations that involve vessels or aircraft.\n\t(2)\tThe system must be able to meet the emergency response requirements identified in the formal safety assessment in relation to the facility and be described in the facility's safety management system.\n\t(3)\tThe equipment and procedures for ensuring safe vessel and aircraft operations must be fit for purpose.\n64—Arrangements for records\n\t(1)\tThis regulation applies to the following documents:\n\t(a)\tthe safety case in force for the facility;\n\t(b)\ta revision to the safety case for the facility;\n\t(c)\ta written audit report for the safety case;\n\t(d)\ta copy of each report given to the Safety Authority in accordance with regulation 84(2).\n\t(2)\tThe safety case for a facility must include arrangements for—\n\t(a)\tmaking a record of the documents; and\n\t(b)\tsecurely storing the documents and records—\n\t(i)\tat an address nominated for the facility; and\n\t(ii)\tin a manner that facilitates their retrieval as soon as practicable.\n\t(3)\tA document mentioned in subregulation (1)(a) or (b) must be kept for 5 years after the date of acceptance of the document by the Safety Authority.\n\t(4)\tA report mentioned in subregulation (1)(c) must be kept for a period of 5 years after the date of receipt by the operator.\n\t(5)\tA copy mentioned in subregulation (1)(d) must be kept for a period of 5 years after the date the report was given to the Safety Authority.\nSubdivision 2—Submission and acceptance of safety cases\n65—Safety case to be submitted to Safety Authority\n\t(1)\tIf an operator for a facility wants to have a safety case accepted for the facility, they must submit the safety case to the Safety Authority.\n\t(2)\tThe safety case may relate to 1 or more stages in the life of the facility.\n\t(3)\tThe safety case may relate to more than 1 facility.\n\t(4)\tThe operator must not submit the safety case before the operator and the Safety Authority have agreed on the scope of the validation for the facility.\n66—Safety Authority may request more information\n\t(1)\tIf an operator submits a safety case to the Safety Authority, the Safety Authority may request the operator to provide further written information about any matter required by this Part to be included in a safety case.\n\t(2)\tA request under subregulation (1) must—\n\t(b)\tset out each matter for which information is requested; and\n\t(c)\tspecify a period of at least 30 days within which the information is to be provided.\n\t(3)\tIf an operator receives a request, and provides all information requested by the Safety Authority within the period specified—\n\t(a)\tthe information becomes part of the safety case as if it had been included with the safety case as it was submitted to the Safety Authority; and\n\t(b)\tthe Safety Authority must have regard to the information as if it had been so included.\n67—Acceptance or rejection of a safety case\n\t(1)\tThe Safety Authority must accept a safety case if—\n\t(a)\tthe safety case is appropriate to the facility and to the activities conducted at the facility; and\n\t(b)\tthe safety case complies with regulations 46 to 63 (as applicable) for each stage in the life of the facility in respect of which the safety case is submitted; and\n\t(c)\tthe safety case complies with regulation 64; and\n\t(d)\tin a case in which the Safety Authority has requested a validation of the facility—\n\t(i)\tthe person, or each person, undertaking the validation meets the criteria specified in regulation 81(5); and\n\t(ii)\tthe validation complies with regulation 81.\n\t(2)\tIf a safety case is submitted for more than 1 stage in the life of the facility, the Safety Authority may accept the safety case for 1 or more stages in the life of the facility and reject the safety case for 1 or more stages in the life of the facility.\n\t(3)\tIf the Safety Authority rejects a safety case because the Safety Authority is not satisfied with any of the matters mentioned in subregulation (1), the Safety Authority must give the operator a reasonable opportunity to change the safety case and resubmit it.\n\t(4)\tThe Safety Authority must reject the safety case if—\n\t(a)\tthe Safety Authority has given an operator a reasonable opportunity to change and resubmit a safety case; and\n\t(b)\tthe operator resubmits the safety case; and\n\t(c)\tthe Safety Authority is not satisfied with any of the matters mentioned in subregulation (1).\n\t(5)\tWhen accepting a safety case for a facility, the Safety Authority may impose limitations or conditions on the acceptance in respect of the facility or activities at the facility.\n68—Notice of decision on safety case\n\t(1)\tWithin 90 days after receiving a safety case given under regulation 65, or resubmitted under regulation 67(3), the Safety Authority must—\n\t(a)\tnotify the operator, in writing, that the Safety Authority has decided to—\n\t(i)\taccept the safety case; or\n\t(ii)\treject the safety case; or\n\t(iii)\tdo both of the following:\n\t(A)\taccept the safety case for 1 or more specified stages in the life of the facility, but not for every stage in the life of the facility, in respect of which the safety case was submitted; and\n\t(B)\treject the rest of the safety case; or\n\t(iv)\taccept the safety case subject to conditions or limitations; or\n\t(b)\tnotify the operator, in writing, that the Safety Authority is unable to make a decision about the safety case within the period of 90 days, and set out a proposed timetable for its consideration of the safety case.\n\t(2)\tA failure by the Safety Authority to comply with subregulation (1) in relation to a safety case does not affect the validity of a decision by the Safety Authority to accept or reject the safety case.\n\t(3)\tA notice of a decision under subregulation (1)(a) must include the terms of the decision (including any limitations or conditions) and the reasons for it.\n69—Consent to undertake work outside of the requirements of the safety case\n\t(1)\tThe Safety Authority may, by notice in writing, given to the operator of a facility, consent to—\n\t(a)\tthe construction of the facility; or\n\t(b)\tthe installation of the facility; or\n\t(c)\tthe operation of the facility; or\n\t(d)\tthe modification of the facility; or\n\t(e)\tthe decommissioning of the facility,\nin a manner that is different from the safety case in force in relation to the facility.\n\t(2)\tThe Safety Authority must not give a consent under subregulation (1) unless it is satisfied that there will not be an occurrence of a significant new risk to health and safety or a significant increase in an existing risk to health and safety arising from the construction, installation, operation, modification or decommissioning of the facility in the relevant manner.\n70—Duties under Part 2 of Schedule 7 of the Act\nThe acceptance of a safety case by the Safety Authority, or compliance by an operator or another person with a safety case that has been accepted by the Safety Authority, does not derogate from the duties of the operator or person under Part 2 of Schedule 7 of the Act.\nSubdivision 3—Revised safety cases\n71—Revision of a safety case because of a change of circumstances or operations\n\t(1)\tSubject to subregulation (2), an operator of a facility for which a safety case is in force must submit a revised safety case to the Safety Authority as soon as practicable after the occurrence of any of the following circumstances:\n\t(a)\tthe technical knowledge relied upon to formulate the safety case, including the knowledge of systems for identifying hazards and evaluating risks of major accident events, is outdated so that the safety case no longer adequately provides for the matters mentioned in regulations 46 to 63;\n\t(b)\tthe operator proposes to modify or decommission the facility and—\n\t(i)\tthe safety case has not been accepted by the Safety Authority for the modification or decommissioning stage in the life of the facility; or\n\t(ii)\tthe proposed modification or decommissioning is not adequately addressed in the safety case;\n\t(c)\tthere are reasonable grounds for believing that a series of proposed modifications to the facility would result in a significant cumulative change in the overall level of risk of major accident events;\n\t(d)\tthe operator proposes to significantly change the safety management system that is in force at the facility;\n\t(e)\tthe activities to be carried out at the facility are different from the activities contemplated in the safety case.\n\t(2)\tIf a circumstance mentioned in subregulation (1) is satisfied because the operator proposes to modify or decommission the facility the operator must not submit the revised safety case before the operator and the Safety Authority have agreed on the scope of the validation of the proposal.\n\t(3)\tIf the Safety Authority agrees, the operator of a facility may submit a revised safety case under subregulation (1) in the form of a revision to part of the safety case in force for the facility.\n72—Revision on request by the Safety Authority\n\t(1)\tThe Safety Authority may request the operator of a facility for which a safety case is in force to submit a revised safety case to the Safety Authority.\n\t(2)\tIf the Safety Authority agrees, the operator of a facility may submit a revised safety case under subregulation (1) in the form of a revision to part of the safety case in force for the facility.\n\t(3)\tA request by the Safety Authority must be in writing and include the following information:\n\t(a)\tthe matters to be addressed by the revision;\n\t(4)\tThe operator may make a submission in writing to the Safety Authority requesting the variation or withdrawal of the request and stating the reasons why—\n\t(a)\tthe revision should not occur; or\n\t(b)\tthe revision should be in different terms from the terms proposed; or\n\t(c)\tthe revision should take effect on a date after the date proposed.\n\t(5)\tThe operator must make the submission—\n\t(a)\twithin 21 days after receiving the request; or\n\t(b)\twithin a longer period specified in writing by the Safety Authority.\n\t(6)\tIf the Safety Authority receives a submission that complies with subregulations (4) and (5), the Safety Authority must—\n\t(a)\tdecide whether to accept the submission or part of the submission; and\n\t(b)\tgive the operator written notice of the decision; and\n\t(c)\tto the extent that the submission is accepted—give the operator written notice that varies or withdraws the request in accordance with the decision; and\n\t(d)\tto the extent that the submission is rejected—give the operator written notice of the grounds for rejecting the submission or part of the submission.\n\t(7)\tUnless the request is withdrawn, the operator must comply with a request, or a varied request.\n73—Revision after 5 years\n\t(1)\tThe operator of a facility for which a safety case is in force must submit a revised safety case to the Safety Authority—\n\t(a)\t5 years after the date that the safety case was first accepted under regulation 67; and\n\t(b)\t5 years after the date of each acceptance of a revised safety case under regulation 75,\nwhether or not a revision under regulation 71 or 72 has been accepted within the 5 year period.\n\t(2)\tA revised safety case submitted under this regulation must describe the means by which the operator will ensure the ongoing integrity of the technical and other control measures identified by the formal safety assessment for the facility.\n74—Safety Authority may request more information\n\t(1)\tIf an operator submits a revised safety case to the Safety Authority, the Safety Authority may request the operator to provide further written information about any matter required by these regulations to be included in a safety case.\n\t(2)\tA request under subregulation (1) must—\n\t(b)\tset out each matter for which information is requested; and\n\t(c)\tspecify a period of not less than 10 days within which the information is to be provided.\n\t(3)\tIf an operator receives a request and provides all information requested by the Safety Authority within the period specified—\n\t(a)\tthe information becomes part of the revised safety case as if it had been included with the revised safety case as it was submitted to the Safety Authority; and\n\t(b)\tthe Safety Authority must have regard to the information as if it had been so included.\n75—Acceptance or rejection of a revised safety case\n\t(1)\tThe Safety Authority must accept a revised safety case if—\n\t(a)\tthe revised safety case is appropriate to the facility and to the activities conducted at the facility; and\n\t(b)\tthe revised safety case complies with regulations 46 to 63 for each stage in the life of the facility in respect of which the revision is submitted; and\n\t(c)\tthe revised safety case complies with regulation 64; and\n\t(d)\tin a case on which the Safety Authority has required a validation relating to a proposed modification—\n\t(i)\tthe person, or each person, undertaking the validation meets the criteria specified in regulation 81(5); and\n\t(ii)\tthe validation complies with regulation 81.\n\t(2)\tIf a safety case is revised in relation to more than 1 stage in the life of the facility, the Safety Authority may accept the revised safety case for 1 or more stages in the life of the facility and reject the revised safety case for 1 or more stages in the life of the facility.\n\t(3)\tIf the Safety Authority rejects a safety case because the Safety Authority is not satisfied with any of the matters mentioned in subregulation (1), the Safety Authority must give the operator a reasonable opportunity to change the safety case and resubmit it.\n\t(4)\tIf—\n\t(a)\tthe Safety Authority has given an operator a reasonable opportunity to change and resubmit a revised safety case or a revised part of a safety case; and\n\t(b)\tthe operator resubmits the revised safety case or revised part of the safety case; and\n\t(c)\tthe Safety Authority is not satisfied with any of the matters mentioned in subregulation (1),\nthe Safety Authority must reject the revised safety case.\n\t(5)\tWhen accepting a revised safety case for a facility, the Safety Authority may impose limitations or conditions on the acceptance in respect of the facility or activities at the facility.\n76—Notice of decision on revised safety case\n\t(1)\tWithin 30 days after receiving a revised safety case, or a revised part of a safety case, the Safety Authority must—\n\t(a)\tnotify the operator, in writing, that the Safety Authority has decided to—\n\t(i)\taccept the revised safety case; or\n\t(ii)\treject the revised safety case; or\n\t(iii)\taccept the revised safety case for 1 or more stages in the life of the facility, in respect of which the revised safety case was submitted, but not for every stage in the life of the facility; or\n\t(iv)\taccept the revised safety case subject to conditions or limitations; or\n\t(b)\tnotify the operator, in writing, that the Safety Authority is unable to make a decision about the revised safety case within the period of 30 days, and set out a proposed timetable for its consideration of the revised safety case.\n\t(2)\tA failure by the Safety Authority to comply with subregulation (1) in relation to a revised safety case does not affect the validity of a decision by the Safety Authority to accept or reject the revision.\n77—Effect of rejection of revised safety case\nIf a revised safety case is not accepted, the safety case in force in relation to the facility immediately before the revised safety case was submitted remains in force subject to the Act and this Part, as if the revised safety case had not been submitted.\nSubdivision 4—Withdrawal of acceptance of a safety case\n78—Grounds for withdrawal of acceptance\n\t(1)\tThe Safety Authority may, by written notice to the operator of a facility, withdraw the acceptance of the safety case for the facility on any of the following grounds:\n\t(a)\tthe operator has not complied with—\n\t(i)\tSchedule 7 of the Act; or\n\t(ii)\ta notice issued by an OHS inspector under Schedule 7 of the Act; or\n\t(iii)\tregulation 71, 72 or 73; or\n\t(b)\tthe Safety Authority has rejected a revised safety case.\n\t(2)\tA notice under subregulation (1) must contain a statement of the reasons for the decision.\n79—Notice before withdrawal of acceptance\n\t(1)\tBefore withdrawing the acceptance of a safety case for a facility, the Safety Authority must give the operator at least 30 days notice, in writing, of its intention to withdraw the acceptance.\n\t(2)\tThe Safety Authority may give a copy of the notice to such other persons as it thinks fit.\n\t(3)\tThe Safety Authority must specify, in the notice, a date (the cut‑off date) on or before which the operator (or other person to whom a copy of the notice has been given) may submit to the Safety Authority in writing, matters that the Safety Authority should take into account when deciding to withdraw the acceptance.\n\t(4)\tThe Safety Authority must take into account—\n\t(a)\tany action taken by the operator—\n\t(i)\tto remove a ground for withdrawal of acceptance; or\n\t(ii)\tto prevent the recurrence of a ground for removal of acceptance; and\n\t(b)\tany matter submitted under subregulation (3) before the cut‑off date.\nSubdivision 5—Exemptions\n80—Safety Authority may give an exemption\nThe Safety Authority may, by notice in writing, exempt the operator from the operation of 1 or more provisions of this Division.\nDivision 4—Validation\n81—Validation of design, construction and installation, significant modification or decommissioning of a facility\n\t(1)\tThe Safety Authority may, by notice in writing, require the operator of a proposed facility, or an existing facility, to provide a validation—\n\t(a)\tin respect of the proposed facility; or\n\t(b)\tin respect of a proposed significant change to an existing facility.\n\t(2)\tA validation of a proposed facility is a statement in writing by an independent validator in respect of the design, construction and installation (including instrumentation, process layout and process control systems) of the facility, to the extent that these matters are covered by the scope of the validation agreed between the Safety Authority and the operator.\n\t(3)\tA validation of a proposed significant change to an existing facility is a statement in writing by an independent validator in respect of the proposed change, to the extent required by the scope of the validation agreed between the Safety Authority and the operator.\n\t(4)\tThe validation must establish, to the level of assurance reasonably required by the Safety Authority—\n\t(a)\tin the case of a proposed facility—that the design, construction and installation (including instrumentation, process layout and process control systems) of the facility incorporate measures that—\n\t(i)\twill protect the health and safety of persons at the facility; and\n\t(ii)\tare consistent with the formal safety assessment for the facility; and\n\t(b)\tin the case of an existing facility—that, after any proposed change or changes, the facility incorporate measures that will protect the health and safety of persons at the proposed facility.\n\t(5)\tAn operator who has provided material for a validation must satisfy the Safety Authority that each person who undertook the validation had the necessary competence, ability and access to data, in respect of each matter being validated, to arrive at an independent opinion on the matter.\n\t(6)\tIn this regulation—\nexisting facility means a facility at a location in the adjacent area, if the facility is or has been in use, or is available for use, in that location.\nDivision 5—Notifying and reporting accidents and dangerous occurrences\n82—Prescribed period of incapacity\nFor the purposes of clause 67(1)(b) of Schedule 7 of the Act, the prescribed period in relation to a facility to which this Part applies is 3 days.\n83—Meaning of dangerous occurrence\nFor the purposes of the definition of dangerous occurrence in clause 3 of Schedule 7 of the Act, a dangerous occurrence is an occurrence, at a facility, that—\n\t(a)\tdid not cause, but could reasonably have caused—\n\t(i)\tthe death of, or serious personal injury to, a person; or\n\t(ii)\ta member of the workforce to be incapacitated from performing work for the period mentioned in regulation 82; or\n\t(b)\twas any of the following:\n\t(i)\ta fire or explosion;\n\t(ii)\ta collision of a marine vessel with the facility;\n\t(iii)\tan uncontrolled release of hydrocarbon vapour exceeding 1 kg;\n\t(iv)\tan uncontrolled release of petroleum liquids exceeding 80 L;\n\t(v)\ta well kick exceeding 50 barrels;\n\t(vi)\tan unplanned event that required the emergency response plan to be implemented;\n\t(vii)\tdamage to safety critical equipment; or\n\t(c)\twas of another kind that a reasonable operator would consider to require an immediate investigation.\nThe meaning of facility in this regulation is explained in regulation 42.\n84—Reporting accidents and dangerous occurrences\n\t(1)\tFor the purposes of clause 67(1) of Schedule 7 of the Act, the notice in relation to a facility to which this Part applies—\n\t(a)\tmay be oral or written; and\n\t(b)\tmust be provided as soon as practicable after—\n\t(ii)\tif the accident or dangerous occurrence is not detected by the operator at the time of its first occurrence—the detection of the accident or dangerous occurrence by the operator; and\n\t(c)\tmust contain all material details concerning the accident or dangerous occurrence that are reasonably available to the operator at the time of the notification.\n\t(2)\tFor the purposes of clause 67(1) of Schedule 7 of the Act, the report—\n\t(a)\tmust be written; and\n\t(b)\tunless otherwise agreed by the Safety Authority—must be provided within 3 days after—\n\t(ii)\tif the accident or dangerous occurrence is not detected by the operator at the time of its first occurrence—the detection of the accident or dangerous occurrence by the operator; and\n\t(c)\tmust contain material details concerning the accident or dangerous occurrence of the types determined by the Safety Authority.\n\t(3)\tA determination mentioned in subregulation (2) must be—\n\t(a)\tin writing; and\n\t(b)\tpublished in the Gazette.\n\t(4)\tAs soon as practicable, but not later than 15 days after the end of each month, the operator of a facility must submit, to the Safety Authority, a written report, for that month, summarising—\n\t(a)\tthe number of deaths of persons at the facility; and\n\t(b)\tthe number and types of injuries to persons at the facility, other than minor injuries not requiring treatment or requiring treatment only in the nature of first aid.\nDivision 6—Penalty provisions\n85—Facility must have registered operator\nA person must not—\n\t(a)\tconstruct a facility; or\n\t(b)\tinstall a facility; or\n\t(c)\toperate a facility; or\n\t(d)\tmodify a facility; or\n\t(e)\tdecommission a facility,\nin the adjacent area if there is not an operator in respect of the facility.\n86—Safety case required for the relevant stage in the life of a facility\n\t(1)\tA person must not—\n\t(a)\tconstruct a facility; or\n\t(b)\tinstall a facility; or\n\t(c)\toperate a facility; or\n\t(d)\tmodify a facility; or\n\t(e)\tdecommission a facility,\nin the adjacent area if there is not a safety case in force for the relevant stage in the life of the facility that corresponds with the conduct.\n\t(2)\tSubregulation (1) does not apply to a person who is exempt from the requirement to have a safety case in force for the relevant stage in the life of the facility under regulation 80.\n87—Work on a facility must comply with the safety case\n\t(1)\tThis regulation applies to the following conduct:\n\t(a)\tconstructing a facility;\n\t(b)\tinstalling a facility;\n\t(c)\toperating a facility;\n\t(d)\tmodifying a facility;\n\t(e)\tdecommissioning a facility.\n\t(2)\tA person must not engage in conduct mentioned in subregulation (1) in a manner that is contrary to—\n\t(a)\tthe safety case in force for the relevant stage in the life of the facility; or\n\t(b)\ta limitation or condition imposed by regulation 67(5) or regulation 75(5).\n\t(3)\tSubregulation (2) does not apply to particular conduct if the Safety Authority has given the person a written consent under regulation 69 to engage in that conduct in a manner contrary to the safety case or a limitation or condition on the safety case.\n88—New health and safety risk\n\t(1)\tThis regulation applies to the following conduct:\n\t(a)\tconstructing a facility;\n\t(b)\tinstalling a facility;\n\t(c)\toperating a facility;\n\t(d)\tmodifying a facility;\n\t(e)\tdecommissioning a facility.\n\t(2)\tA person must not engage in conduct mentioned in a paragraph of subregulation (1) in the adjacent area if—\n\t(a)\tthere has been an occurrence of a significant new risk to health and safety or a significant increase in an existing risk to health and safety arising from the construction, installation, operation, modification or decommissioning of the facility; and\n\t(b)\tthe new risk or increased risk is not provided for—\n\t(i)\tin the safety case in force for the facility; or\n\t(ii)\tin a revised safety case—\n\t(A)\tsubmitted to the Safety Authority; and\n\t(B)\tnot refused acceptance by the Safety Authority.\n\t(3)\tSubregulation (2) does not apply if the person is a person who is exempt from the requirement to have a safety case in force for the relevant stage in the life of the facility under regulation 80.\n89—Maintaining records\nThe operator of a facility must keep all documents required by the safety case in force for the facility in the manner set out in the safety case.\nRegulation 64 sets out the record keeping requirements in relation to documents.\n90—Person on a facility must comply with safety case\nA person on a facility must comply with a safety requirement of the safety case in force for the facility that applies to the person.\n91—Interference with accident sites\n\t(1)\tA person must not interfere with a site, on a facility, where there is—\n\t(a)\tan accident that causes the death of, or serious personal injury to, any person; or\n\t(b)\tan accident that causes a member of the workforce to be incapacitated from performing work for a period of 3 days; or\n\t(c)\ta dangerous occurrence,\nbefore the completion of the inspection of the site by an OHS inspector.\n\t(2)\tIt is a defence to a prosecution for an offence against subregulation (1) that—\n\t(a)\tthe person was acting with the written or oral authority of an OHS inspector; or\n\t(b)\tthe person was acting, in a reasonable manner, for any of the following purposes:\n\t(i)\thelping or rescuing a sick, injured or endangered person;\n\t(ii)\tmaintaining the safety of the facility or of persons at the facility;\n\t(iii)\treducing danger to the facility or to persons at the facility;\n\t(iv)\tretrieving, or attempting to retrieve, the body of a dead person; or\n\t(c)\tthe operator has given the Safety Authority notice of, and a report about, the accident or dangerous occurrence under clause 67 of Schedule 7 of the Act, and an OHS inspector has not entered the facility where the accident or dangerous occurrence occurred in response to the notice within 3 working days of the operator giving notice to the Safety Authority.\n92—Details in applications or submissions\n\t(1)\tAn application or submission (however described) that a person is required or permitted to make or give to the Safety Authority under this Part must include—\n\t(b)\tif applicable, the name of the person's agent; and\n\t(c)\tthe person's or agent's address in Australia; and\n\t(d)\tthe person's or agent's telephone number and email address.\n\t(2)\tIf there is a change to any of the details mentioned in subregulation (1), the person or agent must notify the Safety Authority in writing as soon as practicable.\n\t(3)\tDespite any provision of this Part, the Safety Authority may delay proceeding with an application or submission until the person or agent has complied with this regulation.\n","sortOrder":14},{"sectionNumber":"Part 4","sectionType":"part","heading":"Pipelines","content":"Part 4—Pipelines\n93—Object\nThe object of this Part is to ensure, over the operating life of offshore pipelines that are for use in conveying petroleum, that licensees for the pipelines use systems, work practices and procedures that will ensure that—\n\t(a)\tthe pipelines are designed, constructed, operated and modified in ways that are suitable for the purposes for which the pipelines are to be used; and\n\t(b)\tproposals for decommissioning pipelines are suitable for the purposes for which they are made; and\n\t(c)\tthe risks of significant pipeline accident events, and the risks to the integrity of the pipelines, are reduced to levels as low as reasonably practicable.\n94—Definitions\n\t(1)\tIn this Part, unless the contrary intention appears—\ncomposition of petroleum means a mixture of petroleum with 1 or more other substances;\nindependent validator, for a validation, means a person who, to the reasonable satisfaction of the Minister, has the necessary competence and ability, and access to data, in relation to the matters being validated, to arrive at an independent opinion on the matters;\noperator, for a pipeline, means a person registered under regulation 99 as the operator for the pipeline by the Safety Authority;\npipeline—\n\t(a)\tin Division 4—\n\t(i)\tmeans a pipeline to which clause 4(8) of Schedule 7 of the Act applies; and\n\t(ii)\tincludes a pipeline, that would be a pipeline of that kind, that is—\n\t(A)\tproposed to be constructed; or\n\t(B)\tproposed to be operated; or\n\t(C)\tbeing constructed; and\n\t(b)\tin this Part, other than Division 4—\n\t(i)\tmeans a pipeline licensed under Division 4 of Part 3 of the Act; and\n\t(ii)\tincludes a pipeline, that would be a pipeline of that kind, that is—\n\t(A)\tproposed to be constructed; or\n\t(B)\tproposed to be operated; or\n\t(C)\tbeing constructed;\npipeline management plan in force for a pipeline means a pipeline management plan for a pipeline—\n\t(a)\tsubmitted by or for the pipeline licensee; and\n\t(b)\taccepted under this Part (or, if the pipeline management plan is accepted in part, that part of the pipeline management plan that is accepted); and\n\t(c)\tas revised from time to time under this Part; and\n\t(d)\tfor which the acceptance has not been withdrawn;\npipeline safety management plan means the components of a pipeline management plan that provide for the health and safety of persons at or near the pipeline;\nThe components of a pipeline management plan are set out in Division 3 Subdivision 2.\npipeline management system description, for a pipeline, means a description of the matters mentioned in regulation 114 in relation to the pipeline;\nreportable incident means an incident that—\n\t(a)\tresults in significant damage to a pipeline (for example, reducing the capacity of the pipeline to contain petroleum flowing through it); or\n\t(b)\tis likely to have a result of a kind mentioned in paragraph (a); or\n\t(c)\tis of a kind that a reasonable pipeline licensee would consider to require immediate investigation;\nsignificant pipeline accident event means an event that—\n\t(a)\tis connected (whether immediately or after delay) with work carried out on, or in relation to, a pipeline; and\n\t(b)\tcauses, or creates a significant risk of causing, human death (for example, because of hydrocarbon releases);\nvalidation has the meaning given by regulation 95, and validate has a corresponding meaning.\n\t(2)\tFor the purposes of this Part, a pipeline is taken to be decommissioned if—\n\t(a)\tthe pipeline ceases operation, other than—\n\t(i)\ttemporarily for maintenance; or\n\t(ii)\tfor a period agreed between the Minister and pipeline licensee for the pipeline; or\n\t(b)\tthe pipeline is removed.\n95—Meaning of validation\n\t(1)\tA validation of a proposal for a pipeline under this Part is a statement in writing by an independent validator that—\n\t(a)\tthe proposal is suitable for the purposes for which it is made; and\n\t(b)\tif the proposal includes a modification of the pipeline that may affect the integrity of the pipeline—there are reasonable grounds to believe that the modification will result in the pipeline being suitable for the purposes for which it is to be used; and\n\t(c)\tthe proposal is consistent with the pipeline management system description in the pipeline management plan in force for the pipeline; and\n\t(d)\tthe proposal complies with any Australian or international standards that are mentioned in the pipeline management plan as applying to that kind of proposal.\n1\tThe following proposals are subject to validation under this Part:\n\t•\tproposals to carry out activities for the design and construction of a pipeline—see regulations 103(4)(b) and 104(3)(b);\n\t•\tproposals for the operation of a pipeline—see regulations 109(3)(b) and 110(3)(b);\n\t•\tproposals for the revision of a pipeline management plan that relates to modification or decommissioning of a pipeline—see regulation 130(1)(a)(iv).\n2\tA pipeline management system description describes the risk of significant pipeline accident events and other risks to the integrity of the pipeline. The description also describes measures to reduce those risks to levels that are as low as reasonably practicable—see regulation 121.\n\t(2)\tA validation must cover the scope of the validation agreed under these regulations.\nThe scope of a validation must be agreed between a pipeline licensee and Minister at the following stages:\n\t•\tfor a validation about the design and construction of the pipeline—before the licensee applies for a consent to construct the pipeline—see regulation 102(b);\n\t•\tfor a validation about the operation of the pipeline—before the licensee applies for a consent to operate the pipeline—see regulation 108(b);\n\t•\tfor a validation about a revision of a pipeline management plan for the pipeline—before the licensee submits the revision of the plan—see regulation 125(2).\n96—Relationship with other Parts\nThe requirements of this Part are in addition to the requirements imposed on a person by any other Part.\n97—Nomination of operator\n\t(1)\tA pipeline licensee may send to the Safety Authority a written notice nominating a person to be the operator for a pipeline.\n\t(2)\tA notice under subregulation (1) must include—\n\t(b)\tthe person's contact details, including—\n\t(i)\ta business address; and\n\t(ii)\ta telephone number and an email address for the operator during business hours; and\n\t(iii)\ta telephone number and an email address for the operator outside business hours; and\n\t(c)\tthe person's Australian Company Number (ACN), if applicable; and\n\t(d)\tthe person's written consent to the nomination.\n98—Acceptance or rejection of nomination of operator\n\t(1)\tThe Safety Authority must accept the nomination of a person as an operator if it is satisfied that the person has, or will have, the day‑to‑day management and control of—\n\t(a)\tthe pipeline; and\n\t(b)\teach of the activities mentioned in regulation 100(1).\n\t(2)\tIf the Safety Authority is not satisfied of the matters in subregulation (1)(a) and (b), it must reject the nomination.\n\t(3)\tIf the Safety Authority accepts the nomination, it must register the nominee as the operator of the pipeline, in accordance with regulation 99.\n\t(4)\tThe Safety Authority must notify the pipeline licensee who made the nomination, and the nominee—\n\t(a)\tof the decision to accept or reject the nomination; and\n\t(b)\tif the Safety Authority has decided to reject the nomination—of the reasons for the rejection.\n99—Register of operators\n\t(1)\tThe Safety Authority must maintain the register of operators.\n\t(2)\tA pipeline licensee who has nominated a person to be the operator of the pipeline, or the operator of the pipeline, may notify the Safety Authority, in writing, that the registered operator has ceased to be the person who has, or will have, the day‑to‑day management and control of—\n\t(a)\tthe pipeline; and\n\t(b)\teach of the activities mentioned in regulation 100(1).\n\t(3)\tOn receipt of a notice under subregulation (2), the Safety Authority must remove the operator's name from the register.\n\t(4)\tThe Safety Authority may remove an operator's name from the register if—\n\t(a)\tthe Safety Authority believes, on reasonable grounds, that the operator does not or will not have day‑to‑day management and control of the pipeline and each of the activities mentioned in regulation 100(1); and\n\t(b)\tthe Safety Authority has given notice of intention to remove the operator from the register to—\n\t(i)\tthe person who nominated the operator; and\n\t(ii)\tthe operator; and\n\t(c)\tthe Safety Authority has allowed a period of 30 days for the nominator and the operator to make representations; and\n\t(d)\tthe Safety Authority has considered those representations and continues to believe on reasonable grounds that the operator does not, or will not, have day‑to‑day management and control of the pipeline and each of the activities mentioned in regulation 100(1).\n100—Pipeline must have registered operator\n\t(1)\tA person must not—\n\t(a)\tconstruct a pipeline; or\n\t(b)\toperate a pipeline (whether or not the pipeline is in use at a particular time); or\n\t(c)\tmodify a pipeline; or\n\t(d)\tdecommission a pipeline,\nin the adjacent area if there is not an operator in respect of the pipeline.\n\t(2)\tHowever, subregulation (1) does not apply to construction, operation, modification or decommissioning that occurs within 3 months after the commencement of this regulation.\nDivision 3—Consents to construct and operate a pipeline\nSubdivision 1—Consent to construct\n101—Consent to construct required to construct a pipeline\nA person must not carry out activities to construct a pipeline unless the Minister has granted a consent to construct for those activities.\n102—Matters to be agreed before pipeline licensee applies for consent to construct\nA pipeline licensee may apply for a consent to construct a pipeline only if the licensee and Minister have agreed on—\n\t(a)\tthe matters concerning the activities to which the application relates that are to be dealt with in the pipeline management plan for the pipeline; and\n\t(b)\tthe scope of the validation of the proposal to carry out those activities.\nAn application may relate to all or some of the activities for designing and constructing a pipeline—see regulation 103(2).\n103—Application for consent to construct\n\t(1)\tAn application for a consent to construct a pipeline must be lodged in writing with the Minister.\n\t(2)\tAn application may relate to all or some of the activities for designing and constructing the pipeline.\n\t(3)\tThe application must include the following information:\n\t(a)\tthe name of the applicant;\n\t(b)\tan address of the applicant, for communications on matters relating to the pipeline;\n\t(c)\tan email address within Australia for the applicant.\n\t(4)\tThe application must be accompanied by—\n\t(a)\tthose parts of the pipeline management plan in force for the pipeline that provide for the activities to which the application relates; and\n\t(b)\ta validation of the proposal to carry out those activities; and\n\t(c)\tother relevant information that the Minister may require on reasonable grounds.\n104—Deciding an application for a consent to construct\n\t(1)\tWithin 28 days after an application for a consent to construct a pipeline is lodged, the Minister must decide whether to grant the consent.\nThe Minister may decline to consider an application unless certain information is provided—see regulation 155.\n\t(2)\tA 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\t(3)\tThe Minister must grant the consent if there are reasonable grounds for believing that—\n\t(a)\ta pipeline management plan in force for the pipeline provides for the activities to which the application relates; and\n\t(b)\ta validation of the proposal to carry out those activities is in force.\n\t(4)\tThe Minister may grant a consent to construct in relation to all or some of the activities to design and construct the pipeline.\n\t(5)\tIf the Minister decides to grant the consent, the Authority must, as soon as practicable, give to the applicant the consent in writing.\n\t(6)\tIf the Minister decides not to grant the consent in relation to all or some of the activities to design and construct the pipeline, the Authority must, as soon as practicable, give to the applicant, in writing—\n\t(a)\tadvice that the consent has not been granted for those activities; and\n\t(b)\ta statement of the reasons for the decision.\n105—Construction must comply with pipeline management plan\nA pipeline licensee must not construct a pipeline under the licence unless—\n\t(a)\ta pipeline management plan, or a part of a pipeline management plan, in force for the pipeline provides for the construction; and\n\t(b)\tthe pipeline is constructed in a way that complies with that plan or part of that plan.\n106—Notice of route followed by pipeline\nAs soon as practicable after construction of a pipeline has been completed, but within 3 months after a consent to operate is granted for the pipeline, the pipeline licensee must—\n\t(a)\tinform the Minister, in writing, of the exact route followed by the pipeline; and\n\t(b)\tinform the Australian Hydrographic Office, in writing, of the exact route followed by the pipeline.\nSubdivision 2—Consent to operate\n107—Consent to operate required before a pipeline is operated\nA pipeline licensee must not operate a pipeline under the licence unless the Minister has granted a consent to operate the pipeline.\n108—Matters to be agreed before pipeline licensee applies for consent to operate\nA pipeline licensee may apply for a consent to operate a pipeline only if the licensee and Minister have agreed on—\n\t(a)\tthe matters concerning the operation of the pipeline that are to be dealt with in the pipeline management plan for the pipeline; and\n\t(b)\tthe scope of the validation of the proposal to operate the pipeline.\n109—Application for consent to operate\n\t(1)\tAn application for a consent to operate a pipeline must be lodged in writing with the Minister.\n\t(2)\tThe application must include the following information:\n\t(a)\tthe name of the applicant;\n\t(b)\tan address of the applicant, for communications on matters relating to the pipeline;\n\t(c)\tan email address within Australia for the applicant.\n\t(3)\tThe application must be accompanied by—\n\t(a)\tthose parts of the pipeline management plan in force for the pipeline that provide for the operation of the pipeline; and\n\t(b)\ta validation of the proposal to operate the pipeline; and\n\t(c)\tinformation showing that the pipeline licensee is maintaining insurance in compliance with section 96A of the Act; and\n\t(d)\tother relevant information that the Minister may require on reasonable grounds.\n110—Deciding an application for a consent to operate\n\t(1)\tWithin 7 days after an application for a consent to operate a pipeline is lodged, the Minister must decide whether to grant the consent.\nThe Minister may decline to consider an application unless certain information is provided—see regulation 155.\n\t(2)\tA failure by the Minister to comply with subregulation (1) in relation to an application does not of itself invalidate a decision to grant or to refuse to grant the consent.\n\t(3)\tThe Minister must grant the consent if there are reasonable grounds for believing that—\n\t(a)\ta pipeline management plan in force for the pipeline provides for the operation of the pipeline; and\n\t(b)\ta validation of the proposal to operate the pipeline is in force; and\n\t(c)\tthe pipeline licensee is maintaining insurance according to section 96A of the Act.\n\t(4)\tIf the Minister decides to grant the consent, the Authority must, as soon as practicable, give the applicant the consent in writing.\n\t(5)\tIf the Minister decides not to grant the consent, the Authority must, as soon as practicable, give the applicant, in writing—\n\t(a)\tadvice that the consent has not been granted; and\n\t(b)\ta statement of the reasons for the decision.\n111—Operation must comply with pipeline management plan\n\t(1)\tA pipeline licensee must not operate a pipeline under the licence unless—\n\t(a)\ta pipeline management plan in force for the pipeline provides for the operation; and\n\t(b)\tthe pipeline is operated in a way that—\n\t(i)\tis consistent with the purposes for which the pipeline was designed to be used; and\n\t(ii)\tis not contrary to that plan.\n\t(2)\tHowever, an offence under subregulation (1) does not arise if—\n\t(a)\tthe licensee performs an act in compliance with a direction given under—\n\t(i)\tthe Act; or\n\t(ii)\tregulations made under the Act; or\n\t(b)\tin an emergency in which there is a likelihood of loss or injury, or for the purpose of maintaining the pipeline in good order or repair, the licensee—\n\t(i)\tperforms an act to avoid the loss or injury, or to maintain the pipeline in good order and repair; and\n\t(ii)\tas soon as practicable, but within 3 days, gives written notice to the Minister about the act performed.\n112—Using pipeline to convey compositions of petroleum\nA pipeline licensee must ensure that a composition of petroleum is not conveyed through a pipeline under the licence unless—\n\t(a)\ta pipeline management plan in force for the pipeline mentions—\n\t(i)\tthat the composition is to be conveyed through the pipeline; and\n\t(ii)\tthe safe operating limits for conveying that composition; and\n\t(b)\tthe pipeline is operated within those safe operating limits.\nSubdivision 3—Modifying or decommissioning a pipeline\n113—Modifying or decommissioning a pipeline\n\t(1)\tA pipeline licensee must not modify a pipeline under the licence unless—\n\t(a)\ta pipeline management plan in force for the pipeline provides for the modification; and\n\t(b)\tthe modification is carried out in a way that—\n\t(i)\tis consistent with the purposes for which the pipeline was designed to be used; and\n\t(ii)\tis not contrary to that plan.\n\t(2)\tA pipeline licensee must not decommission a pipeline under the licence unless—\n\t(a)\ta pipeline management plan in force for the pipeline provides for the decommission; and\n\t(b)\tthe decommission is carried out in a way that is not contrary to that plan.\n\t(3)\tHowever, an offence under subregulation (1) or (2) does not arise if—\n\t(a)\tthe pipeline is modified or decommissioned in accordance with a direction given under—\n\t(i)\tthe Act; or\n\t(ii)\tregulations made under the Act; or\n\t(b)\tin an emergency in which there is a likelihood of loss or injury, the licensee performs an act to avoid the loss or injury and as soon as practicable, but within 3 days, gives written notice to the Minister about the act performed.\nDivision 4—Pipeline management plans\nSubdivision 1—Acceptance of a pipeline management plan\n114—Submission of a pipeline management plan\n\t(1)\tFor a pipeline management plan to be accepted for a pipeline, the pipeline licensee must submit the plan to the Minister.\n\t(2)\tA pipeline management plan may be submitted for 1 or more of the following stages connected with the life of the pipeline:\n\t(a)\tdesign and construction;\n\t(b)\toperation;\n\t(c)\tmodification;\n\t(d)\tdecommissioning.\n\t(3)\tA pipeline management plan may be submitted that provides for 1 or more pipelines.\nIn making decisions about a pipeline management plan, the Minister is subject to Division 5.\n115—Handling pipeline management plan\nThe Minister—\n\t(a)\tmust give a copy of a pipeline management plan to the Safety Authority as soon as practicable after the pipeline licensee gives the plan to the Minister (but not later than 7 days after the pipeline licensee gives the plan); and\n\t(b)\tmust not act under regulation 116 or 117 unless the Safety Authority has notified the Minister under regulation 136.\nThe Safety Authority is required to consider the pipeline safety management plan in accordance with Division 5. The Safety Authority is subject to an initial 21 day timetable for considering the plan—see regulation 136.\n116—Time limit for accepting or not accepting a pipeline management plan\n\t(1)\tWithin 28 days after a pipeline licensee submits a pipeline management plan, the Minister must—\n\t(a)\taccept the plan under regulation 117; or\n\t(b)\trefuse to accept the plan; or\n\t(c)\tgive written notice to the pipeline licensee stating that the Minister is unable to make a decision about the plan within the period of 28 days, and setting out a proposed timetable for consideration of the plan.\n\t(2)\tA failure by the Minister to comply with subregulation (1) in relation to a pipeline management plan does not of itself invalidate a decision to accept or to refuse to accept the plan.\n\t(3)\tThis regulation applies to a pipeline management plan resubmitted under regulation 117(3) in the same way as it applies to the plan when first submitted.\n117—Acceptance of a pipeline management plan\n\t(1)\tThe Minister must accept the pipeline management plan only if—\n\t(a)\tthere are reasonable grounds for believing that—\n\t(i)\tthe plan is appropriate for the nature and proposed use of the pipeline; and\n\t(ii)\tthe plan complies with regulations 119, 120, 121, 122 and 124 for the stages connected with the life of the pipeline mentioned in regulation 114 for which the plan is submitted; and\n\t(iii)\tthe plan, or a part of a pipeline management plan in force for the pipeline, complies with regulation 123; and\n\t(b)\tthe Safety Authority has notified the Minister under regulation 136 that the Safety Authority has accepted the pipeline safety management plan.\n\t(2)\tIf—\n\t(a)\tthe Safety Authority has accepted the pipeline safety management plan only for 1 or more specified stages connected with the life of the pipeline, but not for all of the stages to which the pipeline management plan relates; and\n\t(b)\tthere are reasonable grounds for believing the matters in subregulation (1)(a) for each of those stages,\nthe Minister must accept the pipeline management plan only for those stages.\n\t(3)\tIf the Minister is not reasonably satisfied that the pipeline management plan when first submitted meets the criteria mentioned in subregulation (1), the Minister must give the pipeline licensee a reasonable opportunity to change and resubmit the plan.\n\t(4)\tIf, after the pipeline licensee has had a reasonable opportunity to change and resubmit the pipeline management plan, the Minister is still not reasonably satisfied that the plan meets the criteria mentioned in subregulation (1), the Minister must refuse to accept the plan.\n\t(5)\tDespite subregulation (4), the Minister may do either or both of the following:\n\t(a)\taccept the plan in part for a particular stage connected with the life of the pipeline mentioned in regulation 114;\n\t(b)\timpose limitations or conditions applying to the pipeline in respect of any of those stages.\n\t(6)\tThe Minister must give the pipeline licensee written notice of a decision by the Minister—\n\t(a)\tto accept the pipeline management plan; or\n\t(b)\tnot to accept the plan; or\n\t(c)\tto accept the plan in part for a particular stage connected with the life of the pipeline, or subject to the imposition of limitations or conditions.\n\t(7)\tA notice of a decision under subregulation (6)(b) or (c) must include—\n\t(a)\tadvice of the decision and the reasons for it; and\n\t(b)\tif limitations or conditions are to apply to a stage connected with the life of the pipeline—a statement of those limitations or conditions.\nSubdivision 2—Contents of a pipeline management plan\n118—Contents of a pipeline management plan\nA pipeline management plan must include information about, or cover—\n\t(a)\tthe matters mentioned in regulations 119, 120, 121, 122 and 124 for the stages connected with the life of the pipeline mentioned in regulation 114 for which the plan is proposed; and\n\t(b)\tthe matters mentioned in regulation 123.\n119—Description of safety policy\nThe pipeline management plan must include a statement of the pipeline licensee's strategic health and safety objectives for the design, construction, operation, modification and decommission of the pipeline.\n120—Description of pipeline\nThe pipeline management plan must include a comprehensive description of—\n\t(a)\tthe design for the pipeline, the route corridor in which the pipeline is to be constructed, the pipeline's interface start and end positions, and the way in which the pipeline is to be constructed; and\n\t(b)\tthe matters agreed under regulation 102(a) relating to the design and construction of the pipeline; and\n\t(c)\tthe matters agreed under regulation 108(a) relating to the operation of the pipeline; and\n\t(d)\tthe compositions of petroleum that are to be conveyed through the pipeline when it is operating; and\n\t(e)\tthe safe operating limits for conveying those compositions through the pipeline.\nAn offence under regulation 106 is committed if a pipeline licensee fails to inform the Minister of the exact route followed by the pipeline. This information is to be given as soon as practicable after construction of the pipeline is completed, but in any case, within 3 months after a consent to operate the pipeline is granted.\n121—Description of pipeline management system\nThe pipeline management plan must include a comprehensive description or assessment of, or demonstration of the effectiveness of—\n\t(a)\tthe risk of significant pipeline accident events and other risks to the integrity of the pipeline associated with the design, construction, modification and decommissioning of the pipeline; and\n\t(b)\tmeasures that have been, or will be, implemented to reduce the risks to levels that are as low as reasonably practicable; and\n\t(c)\tthe systems used to identify, evaluate and manage the risks and measures; and\n\t(d)\tthe arrangements for monitoring, auditing and reviewing those systems, including the arrangements for continual and systematic identification of deficiencies of those systems and ways in which the systems could be improved.\n122—Statement of standards\nThe pipeline management plan must include a statement about the Australian and international standards applied, or to be applied, to the design, construction, operation, modification and decommissioning of the pipeline.\n123—Arrangements for documents\n\t(1)\tThe pipeline management plan must include arrangements for—\n\t(a)\trecording and making available documents and other records mentioned in subregulation (2) for the pipeline; and\n\t(b)\tsecurely storing those documents and records at the address maintained under regulation 154 and in a way that makes their retrieval reasonably practicable.\n\t(2)\tThe documents or other records are the following:\n\t(a)\ta pipeline management plan in force for the pipeline;\n\t(b)\trevisions of the pipeline management plan;\n\t(c)\trecords of reportable incidents made in compliance with regulation 148.\n\t(3)\tA document mentioned in subregulation (2)(a) or (b) must be kept for 5 years from the acceptance of the document.\n\t(4)\tA record mentioned in subregulation (2)(c) must be kept for 5 years from the making of the record.\n124—Arrangements for reporting\nThe pipeline management plan must include arrangements for reporting to the Minister about the design, construction, operation, modification and decommissioning of the pipeline, at intervals agreed with the Minister, but not less often than annually.\nSubdivision 3—Revision of a pipeline management plan\n125—Revision because of a change, or proposed change, of circumstances or operations\n\t(1)\tA pipeline licensee for a pipeline for which a pipeline management plan is in force must submit to the Minister a proposed revision of the plan as soon as practicable after any of the circumstances mentioned in subregulation (3) is satisfied.\n\t(2)\tHowever, if a circumstance mentioned in subregulation (3) is satisfied because the licensee proposes to modify or decommission the pipeline, the licensee must not submit the proposed revision before the licensee and Minister have agreed on the scope of the validation of the proposal to revise the plan.\n\t(3)\tA need to revise a plan arises if—\n\t(a)\tthere are reasonable grounds for believing that the technical knowledge relied upon to formulate the plan is outdated and accordingly the plan no longer adequately provides for—\n\t(i)\tthe matters mentioned in regulations 119, 120, 121, 122 and 124 for the stages connected with the life of the pipeline mentioned in regulation 114 for which the plan is in force; or\n\t(ii)\tthe matters mentioned in regulation 123; or\n\t(b)\tdevelopments in systems for identifying and evaluating risks of significant pipeline accident events, or risks to the integrity of the pipeline, make it appropriate to revise the plan; or\n\t(c)\tthere are reasonable grounds for believing that a series of proposed modifications to the pipeline would result in a significant cumulative change in the overall level of risk—\n\t(i)\tof significant pipeline accident events; or\n\t(ii)\tto the integrity of the pipeline; or\n\t(d)\tthere are reasonable grounds for believing that a proposed modification to the pipeline would—\n\t(i)\tsignificantly influence the level of a particular risk of a significant pipeline accident event or a risk to the integrity of the pipeline; or\n\t(ii)\tsignificantly change the ranking of factors contributing to those risks; or\n\t(e)\tthe licensee proposes to significantly change the pipeline management system mentioned in regulation 121 for identifying, evaluating and managing risks—\n\t(i)\tof significant pipeline accident events; or\n\t(ii)\tto the integrity of the pipeline; or\n\t(f)\tthe compositions of petroleum conveyed in the pipeline are different from the compositions contemplated in the plan; or\n\t(g)\tthe licensee proposes to modify or decommission the pipeline and that proposal is not satisfactorily addressed in the plan; or\n\t(h)\tdevelopments in environmental conditions that affect design conditions make it appropriate to revise the plan.\n126—Revision on request by the Minister\n\t(1)\tThe Minister may request a pipeline licensee for a pipeline for which a pipeline management plan is in force to submit to the Minister a proposed revision of the plan.\n\t(2)\tA request by the Minister must be in writing and include the following information:\n\t(a)\tthe matters to be addressed by the revision;\n\t(3)\tThe licensee may make a submission in writing to the Minister stating the reasons for which the licensee believes—\n\t(a)\tthe revision should not occur; or\n\t(b)\tthe revision should be in different terms from the proposed terms; or\n\t(c)\tthe revision should take effect on a date after the proposed date.\n\t(4)\tA submission by the licensee must be made within 21 days after receiving the request, or within any longer period that the Minister allows in writing.\n\t(5)\tIf a submission complies with subregulations (3) and (4), the Minister must—\n\t(a)\tdecide whether to accept the reasons stated in the submission; and\n\t(b)\tgive the licensee written notice of the decision; and\n\t(c)\tto the extent (if any) that the Minister accepts the reasons, give the licensee written notice that varies or withdraws the request in accordance with the decision; and\n\t(d)\tto the extent (if any) that the Minister does not accept the reasons, give the licensee written notice of the grounds for not accepting them.\n\t(6)\tThe licensee must comply with the request (as varied under this regulation) as soon as practicable.\n\t(7)\tHowever, the licensee is not required to comply with the request if the request is withdrawn under this regulation.\n127—Revision at the end of each 5 years\n\t(1)\tA pipeline licensee for a pipeline for which a pipeline management plan is in force must submit to the Minister a proposed revision of the plan (whether or not a proposal has been submitted under regulation 125 or 126)—\n\t(a)\tat the end of the 5 years starting on the day the pipeline management plan is first accepted under regulation 117 by the Minister; and\n\t(b)\tat the end of each 5 years starting on the day of the most recent acceptance, by the Minister, of a revision submitted under this regulation.\n\t(2)\tA revision submitted under this regulation must include—\n\t(a)\tinformation about measures for ensuring the ongoing integrity of the pipeline; and\n\t(b)\tdetails of the maximum allowable operating pressure for the pipeline.\n128—Form of proposed revision\nA proposed revision must be in the form of a revised pipeline management plan or, if the pipeline licensee and the Minister agree, a revised part of the pipeline management plan.\n129—Time limit for accepting or not accepting a proposed revision\n\t(1)\tWithin 28 days after a pipeline licensee submits a proposed revision, the Minister must—\n\t(a)\taccept the revision under regulation 130; or\n\t(b)\trefuse to accept the revision; or\n\t(c)\tgive written notice to the pipeline licensee stating that the Minister is unable to make a decision about the revision within the period of 28 days, and setting out a proposed timetable for consideration of the revision.\n\t(2)\tA failure by the Minister to comply with subregulation (1) in relation to a proposed revision does not of itself invalidate a decision to accept or to refuse to accept the revision.\n\t(3)\tThis regulation applies to a proposed revision resubmitted under regulation 130(3) in the same way as it applies to the revision when first submitted.\n130—Acceptance of a proposed revision of a pipeline management plan\n\t(1)\tThe Minister must accept the proposed revision of the pipeline management plan only if—\n\t(a)\tthere are reasonable grounds for believing that—\n\t(i)\tthe revision is appropriate for the nature and proposed use of the pipeline; and\n\t(ii)\tthe pipeline management plan, as revised by the proposed revision, would comply with regulations 119, 120, 121, 122 or 124 for the stages connected with the life of the pipeline mentioned in regulation 114 for which the revision is submitted; and\n\t(iii)\tthe pipeline management plan, as revised by the proposed revision, would comply with regulation 123; and\n\t(iv)\tin the case that the revision relates to a proposal to modify or decommission the pipeline—a validation of the proposal is in force; and\n\t(b)\tthe Safety Authority has notified the Minister under regulation 136 that the Safety Authority has accepted the revision.\n\t(2)\tIf—\n\t(a)\tthe Safety Authority has accepted the revision only for 1 or more specified stages connected with the life of the pipeline, but not for all of the stages to which the pipeline management plan relates; and\n\t(b)\tthere are reasonable grounds for believing the matters in subregulation (1)(a) for each of those stages,\nthe Minister must accept the revision only for those stages.\n\t(3)\tIf the Minister is not reasonably satisfied that the proposed revision when first submitted meets the criteria set out in subregulation (1), the Minister must give the pipeline licensee a reasonable opportunity to change and resubmit the revision.\n\t(4)\tIf, after the pipeline licensee has had a reasonable opportunity to change and resubmit the proposed revision, the Minister is still not reasonably satisfied that the revision meets the criteria mentioned in subregulation (1), the Minister must refuse to accept the revision.\n\t(5)\tDespite subregulation (4), the Minister may—\n\t(a)\taccept the revision in part for a particular stage connected with the life of the pipeline mentioned in regulation 114; and\n\t(b)\timpose limitations or conditions applying to the pipeline in respect of any of those stages.\n\t(6)\tThe Minister must give the pipeline licensee written notice of a decision by the Minister—\n\t(a)\tto accept the proposed revision; or\n\t(b)\tnot to accept the revision; or\n\t(c)\tto accept the revision in part for a particular stage connected with the life of the pipeline, or subject to the imposition of limitations or conditions.\n\t(7)\tA notice of a decision under subregulation (6)(b) or (c) must include—\n\t(a)\tadvice of the decision and the reasons for it; and\n\t(b)\tif limitations or conditions are to apply to a stage connected with the life of the pipeline—a statement of those limitations or conditions.\n131—Effect of non‑acceptance of proposed revision\nIf a proposed revision is not accepted, the pipeline management plan in force for the pipeline immediately before the proposed revision was submitted remains in force, subject to the Act and this Part (in particular, Subdivision 4 of this Division), as if the revision had not been proposed.\nSubdivision 4—Withdrawal of acceptance of a pipeline management plan\n132—Withdrawal of acceptance of a pipeline management plan\n\t(1)\tThe Minister, by written notice to a pipeline licensee, may withdraw the acceptance of the pipeline management plan in force for the pipeline on any of the following grounds:\n\t(a)\tthe pipeline licensee has not complied with the Act, or a direction given to the licensee under section 100 of the Act;\n\t(b)\tthe pipeline licensee has not complied with regulation 105 or 111;\n\t(c)\tthe pipeline licensee has not complied with regulation 125, 126 or 127;\n\t(d)\tthe Minister has refused to accept a proposed revision of the pipeline management plan.\n\t(2)\tA notice under subregulation (1) must include advice of the reasons for the decision.\n133—Steps to be taken before withdrawal of acceptance\n\t(1)\tBefore withdrawing the acceptance of a pipeline management plan in force for a pipeline, the Minister must comply with subregulations (2), (4) and (5).\n\t(2)\tThe Minister must give the pipeline licensee at least 1 month's written notice of the Minister's intention to withdraw acceptance of the plan.\n\t(3)\tThe Minister may give a copy of the notice to such other persons (if any) as the Minister thinks fit.\n\t(4)\tThe Minister must specify in the notice a date (the cut‑off date) on or before which the pipeline licensee (or any other person to whom a copy of the notice has been given) may submit to the Minister, in writing, any matters for the Minister to take into account.\n\t(5)\tThe Minister must take into account—\n\t(a)\tany action taken by the pipeline licensee to remove the ground for withdrawal of acceptance, or to prevent the recurrence of that ground; and\n\t(b)\tany matter submitted to the Minister before the cut‑off date by the pipeline licensee or a person to whom a copy of the notice has been given.\n134—Withdrawal of acceptance not affected by other provisions\n\t(1)\tThe Minister may withdraw the acceptance of a pipeline management plan in force for a pipeline on a ground mentioned in regulation 132(1) even if the pipeline licensee has been convicted of an offence because of a failure to comply with a provision of the Act or of these regulations.\n\t(2)\tEven if the acceptance of a pipeline management plan has been withdrawn by the Minister on a ground mentioned in regulation 132(1), the pipeline licensee for the pipeline may be convicted of an offence because of a failure to comply with a provision of the Act or of these regulations.\nDivision 5—Pipeline safety management plans\nSubdivision 1—Preliminary\n135—Definition\nIn this Division—\npipeline safety management plan in force for a pipeline means the components of a pipeline management plan in force for a pipeline that provide for the health and safety of persons at or near the pipeline.\nSubdivision 2—Acceptance of a pipeline safety management plan\n136—Consideration of a pipeline safety management plan\n\t(1)\tThis regulation applies if the Minister gives the Safety Authority a copy of a pipeline management plan.\n\t(2)\tThe Safety Authority, within 21 days, must—\n\t(a)\tconsider the pipeline safety management plan within the pipeline management plan; and\n\t(b)\tdecide—\n\t(i)\tto accept the pipeline safety management plan in full; or\n\t(ii)\tto refuse to accept the pipeline safety management plan; or\n\t(iii)\tto do both of the following:\n\t(A)\taccept the pipeline safety management plan only for 1 or more specified stages connected with the life of the pipeline, but not for all of the stages to which the pipeline management plan relates; and\n\t(B)\trefuse to accept the rest of the pipeline safety management plan; or\n\t(iv)\tthat it is unable to make a decision on the pipeline safety management plan; and\n\t(c)\tnotify the Minister, in writing, of the Safety Authority's decision and the reasons for any refusal.\nSee regulation 114(2) for the stages connected with the life of the pipeline.\n\t(3)\tThe Safety Authority—\n\t(a)\tmay make an acceptance of a pipeline safety management plan, or of a pipeline safety management plan for 1 or more specified stages connected with the life of the pipeline, subject to conditions or limitations; and\n\t(b)\tmust include any conditions or limitations in the notice under subregulation (2)(c).\n\t(4)\tIf the Safety Authority is unable to make a decision on the pipeline safety management plan, the Safety Authority must include in the notice under subregulation (2)(c)—\n\t(a)\ta proposed timetable for consideration of the pipeline safety management plan that gives the pipeline licensee a reasonable opportunity to modify or resubmit the pipeline safety management plan; and\n\t(b)\ta description of any further information the safety authority may require to assist it to consider the pipeline safety management plan.\n137—Notice to pipeline licensee about a pipeline safety management plan\n\t(1)\tFor the purposes of regulation 116(1), if the Safety Authority has given the Minister a timetable under regulation 136(4) for consideration of the pipeline safety management plan, the Minister must give written notice to the pipeline licensee explaining the effect of the timetable.\n\t(2)\tA failure by the Minister to comply with subregulation (1) in relation to a pipeline safety management plan does not affect the validity of a decision by the Safety Authority to accept or reject the pipeline safety management plan.\n138—Revision of a pipeline management plan—request by the Safety Authority concerning a pipeline safety management plan\n\t(1)\tThe Safety Authority may request the Minister to act under regulation 126 for a pipeline management plan if the Safety Authority believes that the pipeline safety management plan requires revision.\n\t(2)\tThe request must be in writing, and must include the following information:\n\t(a)\tthe matters, relating to the pipeline safety management plan, to be addressed by the revision;\n\t(3)\tIf the Minister receives a request under subregulation (1)—\n\t(a)\tthe Minister must act under regulation 126 in accordance with the request; and\n\t(b)\tthe Minister is not prevented from dealing with other matters under regulation 126 at the same time.\n139—Submission about proposed revision of a pipeline management plan\n\t(1)\tThis regulation applies if—\n\t(a)\tthe Minister gives a request to a pipeline licensee under regulation 126(1) (whether or not the request was given after a request from the Safety Authority); and\n\t(b)\tthe pipeline licensee makes a submission to the Minister under regulation 126(3); and\n\t(c)\tthe submission deals in whole or in part with the pipeline safety management plan.\n\t(2)\tThe Minister must give a copy of the submission (to the extent that it deals with the pipeline safety management plan) to the Safety Authority as soon as practicable after the pipeline licensee gives the submission to the Minister (but not later than 7 days after the pipeline licensee gives the submission).\n140—Proposed revision of a pipeline management plan\n\t(1)\tThis regulation applies if—\n\t(a)\ta pipeline licensee resubmits a revision of a pipeline management plan under regulation 125, 126 or 127; and\n\t(b)\tthe revision deals in whole or in part with the pipeline safety management plan; and\n\t(c)\tthe Minister gives the Safety Authority a copy of the pipeline management plan.\n\t(2)\tThe Safety Authority, within 21 days, must—\n\t(a)\tconsider the proposed revision of the pipeline safety management plan; and\n\t(b)\tdecide—\n\t(i)\tto accept the proposed revision in full; or\n\t(ii)\tto refuse to accept the proposed revision; or\n\t(iii)\tto do both of the following:\n\t(A)\taccept the proposed revision only for 1 or more specified stages connected with the life of the pipeline, but not for all of the stages to which the pipeline management plan relates; and\n\t(B)\trefuse to accept the rest of the proposed revision; or\n\t(iv)\tthat it is unable to make a decision on the proposed revision; and\n\t(c)\tnotify the Minister, in writing, of the Safety Authority's decision and the reasons for any refusal.\nSee regulation 114(2) for the stages connected with the life of the pipeline.\n\t(3)\tThe Safety Authority—\n\t(a)\tmay make an acceptance of a proposed revision, or of a proposed revision for 1 or more specified stages connected with the life of the pipeline, subject to conditions or limitations; and\n\t(b)\tmust include any conditions or limitations in the notice under subregulation (2)(c).\n\t(4)\tIf the Safety Authority is unable to make a decision on the pipeline safety management plan, the Safety Authority must include in the notice under subregulation (2)(c)—\n\t(a)\ta proposed timetable for consideration of the proposed revision that gives the pipeline licensee a reasonable opportunity to modify or resubmit the proposed revision; and\n\t(b)\ta description of any further information the Safety Authority may require to assist it to consider the proposed revision.\n141—Notice to pipeline licensee about proposed revision of a pipeline safety management plan\n\t(1)\tFor the purposes of regulation 129(1), if the Safety Authority has given the Minister a timetable under regulation 140(4) for consideration of the pipeline safety management plan, the Minister must give written notice to the pipeline licensee explaining the effect of the timetable.\n\t(2)\tA failure by the Safety Authority to comply with subregulation (1) in relation to a pipeline safety management plan does not affect the validity of a decision by the Safety Authority to accept or reject the pipeline safety management plan.\nSubdivision 3—Withdrawal of acceptance of a pipeline safety management plan\n142—Request for withdrawal of acceptance of a pipeline management plan\n\t(1)\tThe Safety Authority may, by written notice to the Minister, request the Minister to withdraw the acceptance of a pipeline management plan in force for a pipeline on any of the following grounds:\n\t(a)\tthe operator of the pipeline has not complied with a listed OHS law in relation to the pipeline;\n\t(b)\tthe pipeline licensee has not complied with regulation 105 or 111 in relation to the pipeline safety management plan;\n\t(c)\tthe pipeline licensee has not complied with regulation 125, 126 or 127 in relation to the pipeline safety management plan;\n\t(d)\tthe Safety Authority has refused to accept a proposed revision of the pipeline safety management plan.\n\t(2)\tThe notice must—\n\t(b)\tinclude the grounds for giving the notice.\n143—Steps to be taken before request for withdrawal of acceptance\n\t(1)\tBefore giving the Minister a notice under regulation 142(1)—\n\t(a)\tthe Safety Authority must comply with subregulation (2); and\n\t(b)\tthe Minister must comply with subregulations (3), (4) and (5).\n\t(2)\tThe Safety Authority must give the Minister a written notice that the Safety Authority is considering giving the Minister the notice under regulation 142(1).\n\t(3)\tThe Minister must give a notice to the pipeline licensee stating—\n\t(a)\tthat the Safety Authority is considering giving the Minister the notice under regulation 142(1); and\n\t(b)\tthe grounds for giving the notice; and\n\t(c)\ta date (the cut‑off date) on or before which the pipeline licensee (or any other person to whom a copy of the notice has been given) may submit to the Minister, in writing, any matters for the Minister to take into account.\n\t(4)\tThe Minister—\n\t(a)\tmust give a copy of the notice under subregulation (3) to the operator, if the operator is not the pipeline licensee; and\n\t(b)\tmay give a copy of the notice to any other person that the Minister thinks appropriate.\n\t(5)\tIf, on or before the cut‑off date, the pipeline licensee (or any other person to whom a copy of the notice has been given) submits to the Minister, in writing, a matter for the Safety Authority to take into account, the Minister must give a copy of the matter to the Safety Authority as soon as practicable after the pipeline licensee gives the matter to the Minister.\n144—Withdrawal of acceptance of a pipeline management plan on request\n\t(1)\tIn deciding whether to give the Minister the notice under regulation 142(1), the Safety Authority must take into account—\n\t(a)\tany action taken by the pipeline licensee or the operator—\n\t(i)\tto remove the ground for withdrawal of acceptance; or\n\t(ii)\tto prevent the recurrence of that ground; and\n\t(b)\tany matter submitted to the Minister before the cut‑off date by the pipeline licensee or another person to whom a copy of the notice has been given.\n\t(2)\tIf, after complying with subregulation (1), the Safety Authority gives the Minister a notice under regulation 142(1), the Minister—\n\t(a)\tmust withdraw the pipeline management plan under regulation 132; and\n\t(b)\tmust give a copy of the notice withdrawing the pipeline management plan to the operator, if the operator is not the pipeline licensee.\nDivision 6—Notifying and reporting accidents and dangerous occurrences\n145—Prescribed period of incapacity\nFor the purposes of clause 67(1)(b) of Schedule 7 of the Act, the prescribed period in relation to a pipeline is 3 days.\n146—Meaning of dangerous occurrence\nFor the purposes of the definition of dangerous occurrence in clause 3 of Schedule 7 of the Act, a dangerous occurrence is an occurrence at a pipeline that—\n\t(a)\tcreated a substantial risk of an accident; or\n\t(b)\twas of a kind that a reasonable operator would consider to require an immediate investigation.\nThis regulation relates to the reporting of accidents or dangerous occurrences under Schedule 7 of the Act, and therefore relates to incidents affecting or potentially affecting health and safety. Incidents of that kind must be reported to the Safety Authority by the operator.\n147—Reporting accidents and dangerous occurrences\n\t(1)\tFor the purposes of clause 67(1) of Schedule 7 of the Act, a notice of an accident or dangerous occurrence—\n\t(a)\tmay be oral or written; and\n\t(b)\tmust be provided as soon as practicable after—\n\t(ii)\tif the accident or dangerous occurrence is not detected by the operator at the time of its first occurrence—the detection of the accident or dangerous occurrence by the operator; and\n\t(c)\tmust contain all material details concerning the accident or dangerous occurrence that are reasonably available to the operator at the time of the notification.\n\t(2)\tFor the purposes of clause 67(1) of Schedule 7 of the Act, the report—\n\t(a)\tmust be written; and\n\t(b)\tunless otherwise agreed by the Safety Authority—must be provided within 3 days after—\n\t(ii)\tif the accident or dangerous occurrence is not detected by the operator at the time of its first occurrence—the detection of the accident or dangerous occurrence by the operator; and\n\t(c)\tmust contain material details concerning the accident or dangerous occurrence of the types determined by the Safety Authority.\n\t(3)\tA determination mentioned in subregulation (2)(c) must be—\n\t(a)\tin writing; and\n\t(b)\tpublished in the Gazette.\n\t(4)\tAs soon as practicable, but not later than 15 days after the end of each month, the operator of a pipeline must submit, to the Safety Authority a written report, for that month, identifying—\n\t(a)\tthe number of deaths of persons at the pipeline; and\n\t(b)\tthe number and types of injuries to persons at the pipeline, other than minor injuries not requiring treatment or requiring treatment only in the nature of first aid.\n\t(5)\tThe operator of a pipeline must compile and maintain a record of—\n\t(a)\tall reports of accidents occurring in, or in connection with, the pipeline; and\n\t(b)\tthe details of any corrective action taken in each case.\nThis regulation relates to the reporting of accidents or dangerous occurrences under Schedule 7 of the Act, and therefore relates to incidents affecting or potentially affecting health and safety. Incidents of that kind must be reported to the Safety Authority by the operator.\n148—Reportable incidents\n\t(1)\tA pipeline licensee must give notice (either oral or written) of a reportable incident to the Minister or an inspector, including all material details of the incident that are reasonably available to the licensee, as soon as practicable after—\n\t(a)\tthe first occurrence of the incident; or\n\t(b)\tif the incident is not detected by the licensee at the time of its first occurrence—the detection of the incident by the licensee.\n\t(3)\tThe pipeline licensee must give a written report, in accordance with subregulation (5), of the incident to the Minister—\n\t(a)\tas soon as practicable, but within 3 days, after—\n\t(i)\tthe first occurrence of the incident; or\n\t(ii)\tif the incident is not detected by the licensee at the time of its first occurrence—the detection of the incident by the licensee; or\n\t(b)\tif the Minister specifies, in writing and within the period mentioned in paragraph (a), another period for giving the report—within that period.\n\t(4)\tIt is a defence to a prosecution for an offence against subregulation (3) if subregulation (3)(b) applies in relation to the offence and the period specified by the Minister is not a reasonable period.\n\t(5)\tFor the purposes of subregulation (3), the report must set out fully—\n\t(a)\tall the material facts and circumstances of the incident that the licensee is aware of or is able, by reasonable search and inquiry, to find out, including the following:\n\t(i)\tthe date, time and place of the incident;\n\t(ii)\tthe particulars of any loss or damage caused by the incident;\n\t(iii)\tif petroleum escaped from the pipeline or ignited—the amount of that petroleum and the measures taken to control the escape or fire;\n\t(iv)\tthe cause of the incident;\n\t(v)\tthe repairs (if any) carried out, or proposed to be carried out, on the pipeline; and\n\t(b)\tthe corrective action that has been taken, or is proposed to be taken, to prevent another incident of that kind.\nThis regulation relates to a reportable incident, as defined in this Part, which must be reported to the Minister by the pipeline licensee. Incidents related only to health and safety do not need to be reported under this regulation.\n149—Dealing with documents\nA pipeline licensee must not deal with a document or other record mentioned in regulation 123 in a way that is contrary to the arrangements for the document or record contained in the pipeline management plan in force for the pipeline.\nRegulation 123 requires a pipeline management plan to include such arrangements.\n150—Reporting to Minister\nA pipeline licensee must report to the Minister in accordance with the arrangements under regulation 124contained in the pipeline management plan in force for the pipeline under the licence.\nSubdivision 1—Requirements about workers\n151—Competence of workers\n\t(1)\tA pipeline licensee must ensure that each person working on, or in connection with, a pipeline under the licence is competent to the extent that they have the necessary skills, training and ability—\n\t(a)\tto carry out the tasks, both routine and non‑routine, that may reasonably be given to the person; and\n\t(b)\tto respond and to react appropriately, and at the level reasonably required of the person, during an emergency.\n152—Awareness of legislation\n\t(1)\tA pipeline licensee must ensure, as far as reasonably practicable, that each person working on, or in connection with, the pipeline knows about the effect of relevant legislation that relates to the safety of any of the following:\n\t(a)\ta person working on, or in connection with, the pipeline;\n\t(b)\tthe pipeline;\n\t(c)\tthe environment.\n\t(2)\tIn this regulation—\nrelevant legislation means the Act, regulations (including these regulations) made under the Act and any directions given to the licensee under the Act.\n153—Involvement of workers in pipeline management plan\n\t(1)\tThe Minister may ask a pipeline licensee, in writing, to provide the Minister with reasonable grounds for believing that—\n\t(a)\tin the development or revision of a pipeline management plan for a pipeline under the licence, there has been effective consultation with, and participation of, the classes of persons who—\n\t(i)\tare identifiable before the pipeline management plan is developed; and\n\t(ii)\tare working on, or in connection with, the pipeline, or are likely to be working on, or in connection with, the pipeline; and\n\t(b)\tthe pipeline management plan in force for the pipeline provides adequately for effective consultation with, and the effective participation of, those classes of persons, so that they are able to arrive at informed opinions about the risks to which they may be exposed through working on, or in connection with, the pipeline.\n\t(2)\tA pipeline licensee must, within 21 days after receiving a request under subregulation (1), give the Minister written notice of those grounds.\n\t(3)\tThe Minister must also consult with the Safety Authority in relation to the Minister's exercise of its powers under this regulation.\nSubdivision 2—Providing information\n154—Notice of contact details\n\t(1)\tA pipeline licensee, at all times after the licensee applies under this Part for a consent to construct a pipeline under the licence, must maintain, and ensure that the Minister has notice of, an address of the licensee for communications on matters relating to the pipeline.\n\t(3)\tAlso, despite subregulation (1), a pipeline licensee is not required to give information to the Minister under that subregulation if, at any relevant time—\n\t(a)\tthe information has been given according to any other provision of the Act or regulations (including these regulations) made under the Act; and\n\t(b)\tthe Minister has not advised the licensee that the information has been lost or destroyed.\n155—Minister may decline to consider application or submission if information is not given\n\t(1)\tDespite any other provision of these regulations, if a pipeline licensee for a pipeline does not provide information under regulation 154 and the information has not been given under another law, the Minister may decline to consider an application or submission, made by the licensee under this Part and relating to the pipeline, until the information is given.\n\t(2)\tDespite any other provision of this Part, if a pipeline licensee does not provide the information required under regulation 105 or 111 for an application for a consent to construct or operate a pipeline and the information has not been given under another law, the Minister may decline to consider the application until the information is given.\n","sortOrder":15},{"sectionNumber":"Part 5","sectionType":"part","heading":"Diving safety","content":"Part 5—Diving safety\n156—Application\nThis Part applies to a diving operation that is an offshore petroleum operation.\n157—Definitions\nIn this Part—\naccepted DSMS means a DSMS that has been accepted by the Safety Authority under regulation 162 or 163;\nADAS means the Australian Diver Accreditation Scheme administered by the Board of the Australian Diver Accreditation Scheme on behalf of the Department within the meaning of the Commonwealth Act;\nAS/NZS, followed by a number, means the Australian and New Zealand Standard of that number, as existing from time to time;\ndiving has the meaning given by regulation 158;\ndiving contractor means a person who enters into a contract to conduct a diving project;\ndiving operation means an offshore petroleum operation consisting of 1 or more dives;\ndiving project means an activity consisting of 1 or more diving operations;\nDSMS means a diving safety management system;\nfacility means a facility described in clause 3 of Schedule 7 of the Act;\nmanned submersible craft means a craft that is designed to maintain its occupant, or some or all of its occupants, at or near atmospheric pressure while submerged (whether or not it is self‑propelled, and whether or not it is supplied with breathing mixture by umbilical), including a craft in the form of a suit;\noffshore petroleum operations has the meaning given in Part 6.9 of the Commonwealth Act;\noperator, for a diving project, means—\n\t(a)\tif the facility associated with the project is a pipeline—the person registered as the operator of the pipeline under Part 4;\n\t(b)\tif the facility associated with the project is not a pipeline—the person registered as the operator of the facility under Part 3;\npipeline means a pipeline to which clause 4(8) of Schedule 7 of the Act applies;\npipeline safety management plan has the meaning given in regulation 94(1);\nsafety case means the document known as a safety case submitted to the Safety Authority under Division 4 of Part 3.\n158—Meaning of diving\n\t(1)\tFor the purposes of this Part—\n\t(a)\ta person is diving if they—\n\t(i)\tare in a chamber inside which the ambient pressure is equal to or higher than the hydrostatic pressure at a depth of 1 metre in seawater (whether or not the chamber is submerged in water or another liquid); or\n\t(ii)\tare submerged in water or another liquid and their lungs are subjected to a pressure greater than atmospheric pressure (whether or not they are wearing a wetsuit or other protective clothing); or\n\t(iii)\tare in a manned submersible craft that is submerged in water or another liquid; and\n\t(b)\tdiving includes diving using a snorkel and diving without the use of any breathing apparatus.\n\t(2)\tFor the purposes of this Part, diving does not include—\n\t(a)\tdiving using a snorkel for the purpose of conducting an environmental survey; or\n\t(b)\tdiving without the use of any breathing apparatus for that purpose.\n159—When a diving operation begins and ends\nFor the purposes of this Part, a diving operation—\n\t(a)\tbegins when the diver, or first diver, who takes part in the operation starts to prepare to dive; and\n\t(b)\tends when the diver, or last diver, who takes part in the operation leaves the water or the chamber or environment in which the dive took place and has completed any necessary decompression procedures; and\n\t(c)\tincludes the time taken for therapeutic recompression if that is necessary.\nDivision 2—Diving safety management systems\n160—No diving without DSMS\n\t(1)\tBefore beginning diving work that forms part of a diving project, a diving contractor must—\n\t(a)\thave a DSMS that is—\n\t(i)\taccepted; and\n\t(ii)\tcurrent; and\n\t(b)\tgive the DSMS to the operator of the diving project.\n\t(2)\tThe operator of a diving project must not allow diving work, that forms part of the diving project, to begin if the diving contractor has not given to the operator a DSMS that is—\n\t(a)\taccepted; and\n\t(b)\tcurrent.\n\t(3)\tA diving contractor must not allow diving to continue on a diving project if the DSMS is no longer—\n\t(a)\taccepted; and\n\t(b)\tcurrent.\n\t(4)\tFor the purposes of this regulation, an accepted DSMS is current if—\n\t(a)\tthe DSMS has not been revised, or the acceptance of the DSMS has not been withdrawn, since its latest acceptance;\n\t(b)\tit is not more than 5 years since its latest acceptance.\nA person may consult the register mentioned in regulation 166 to find out if a DSMS is accepted and current.\n161—Contents of DSMS\n\t(1)\tA DSMS must meet the minimum standards set out in the Guidelines for complying with the Offshore Petroleum and Greenhouse Gas Storage (Safety) Regulations 2009 of the Commonwealth, as existing from time to time, published by the Safety Authority.\n\t(2)\tA DSMS must provide for—\n\t(a)\tall activities connected with a diving project; and\n\t(b)\tthe preparation of a diving project plan, in accordance with Division 3, for a project (including consultation with members of the workforce in the preparation of the plan) and the revision of the plan as necessary; and\n\t(c)\tthe continual and systematic identification of hazards related to a diving project; and\n\t(d)\tthe continual and systematic assessment of—\n\t(i)\tthe likelihood of the occurrence, during normal or emergency situations, of injury or damage associated with those hazards; and\n\t(ii)\tthe likely nature of any injury or damage; and\n\t(e)\tthe elimination of risks to persons involved with the project and associated work including—\n\t(i)\trisks arising during evacuation, escape and rescue in case of emergency; and\n\t(ii)\trisks to persons involved with the operation arising from equipment and hardware,\nor the reduction of those risks to as low as reasonably practicable; and\n\t(f)\tthe inspection and maintenance of, and testing programs for, equipment and hardware integral to the control of those risks; and\n\t(g)\tcommunications between persons involved in a diving project; and\n\t(h)\tthe performance standards that apply to the DSMS; and\n\t(i)\ta program of continuous improvement.\n\t(3)\tA DSMS must—\n\t(a)\tspecify any standard or code of practice that is to be used in a diving project; and\n\t(b)\trequire the diving to be carried out in accordance with those standards or codes.\n\t(4)\tA DSMS must contain—\n\t(a)\tany information that is reasonably necessary to demonstrate that the DSMS complies with these regulations; and\n\t(b)\ta system for the management of change.\n162—Acceptance of new DSMS\n\t(1)\tIf a diving contractor does not already have an accepted DSMS, the contractor must give a DSMS to the Safety Authority at least 60 days before a proposed diving project is expected to begin.\n\t(2)\tWithin 60 days after receiving the DSMS, the Safety Authority must notify the diving contractor that it—\n\t(a)\taccepts the DSMS, subject to any conditions necessary in the interests of safety; or\n\t(b)\trejects the DSMS.\n163—Acceptance of revised DSMS\n\t(1)\tIf a diving contractor has revised a DSMS, the contractor must give the revised DSMS to the Safety Authority.\n\t(2)\tThe Safety Authority must notify the diving contractor that the revised DSMS has been accepted or rejected within—\n\t(a)\t28 days after receiving the revised DSMS; or\n\t(b)\tanother period agreed between the Safety Authority and the diving contractor.\n164—Grounds for rejecting DSMS\nThe Safety Authority must reject a DSMS if—\n\t(a)\tthe DSMS does not adequately comply with regulation 161; or\n\t(b)\tthe Safety Authority is not satisfied that there was consultation with divers and other members of the workforce in the preparation of the DSMS, as required by regulation 175.\n165—Notice of reasons\n\t(1)\tIf the Safety Authority decides to reject a DSMS the Safety Authority must set out, in writing, with the notice mentioned in regulation 162(2) or 163(2), the reasons for rejecting the DSMS.\n\t(2)\tIf the Safety Authority decides to impose conditions on a DSMS, the Safety Authority must set out, in writing, with the notice mentioned in regulation 162(2) or 163(2), the reasons for imposing conditions on the DSMS.\n166—Register of DSMSs\n\t(1)\tThe Safety Authority must keep a register of each DSMS and revised DSMS it receives, in a form that allows public access.\n\t(2)\tThe register must record as many of the following details as apply to the DSMS:\n\t(a)\tthe name of the diving contractor;\n\t(b)\tthe date of acceptance;\n\t(c)\tany conditions on acceptance;\n\t(d)\tthe date of rejection;\n\t(e)\tthe date that acceptance was withdrawn;\n\t(f)\tthe date of any revision notice under regulation 168.\n\t(3)\tThe Safety Authority must also record on the register, the following details for each diving project plan it receives under regulation 170:\n\t(a)\tthe name of the diving contractor;\n\t(b)\tthe diving project to which the diving project plan applies;\n\t(c)\tthe proposed commencement date of the project;\n\t(d)\tthe date of receipt of the plan.\n167—Revision of DSMS\nA diving contractor must revise a DSMS—\n\t(a)\tif developments in scientific or technical knowledge, or in the assessment of hazards, relevant to diving projects make it appropriate to do so; and\n\t(b)\tif the diving contractor proposes to make a significant change to the method of operation or to procedures or equipment; and\n\t(c)\tif the Safety Authority gives notice in accordance with regulation 168; and\n\t(d)\tif a number of minor changes result in the DSMS being significantly different from the latest version of the DSMS accepted by the Safety Authority; and\n\t(e)\tat the end of each period of 5 years commencing on the later of—\n\t(i)\tthe date when the DSMS is first accepted by the Safety Authority; and\n\t(ii)\tthe date of the most recent acceptance by the Safety Authority of a revised version of the DSMS.\n168—Notice to revise DSMS\n\t(1)\tThe Safety Authority may give notice (a revision notice) to a diving contractor to revise a DSMS.\n\t(2)\tA revision notice must be in writing and must set out—\n\t(a)\tthe matters to be revised; and\n\t(b)\tthe time within which the revision must be completed; and\n\t(c)\tthe reasons why the revision is necessary.\n\t(3)\tThe diving contractor may make a submission in writing to the Safety Authority, within 21 days after receiving the notice or any longer period that the Safety Authority allows in writing, setting out the contractor's reasons for any of the following:\n\t(a)\twhy the revision is not necessary;\n\t(b)\twhy the revision should be in different terms from those proposed;\n\t(c)\twhether or not the contractor gives other reasons—why the notice should take effect on a later date than the date set out in the notice.\n\t(4)\tIf a contractor makes a submission under subregulation (3), the Safety Authority must, within 28 days after receiving the submission—\n\t(a)\tdecide whether the Safety Authority accepts the reasons in the submission; and\n\t(b)\tgive the contractor notice in writing affirming, varying or withdrawing the revision notice; and\n\t(c)\tif the Safety Authority decides not to accept the reasons or any part of them—set out in this notice the grounds for not accepting them.\n\t(5)\tThe contractor must revise the DSMS, in accordance with the notice as originally given or as varied under subregulation (4), and submit it to the Safety Authority.\n\t(6)\tIf the contractor does not revise a DSMS when required by this regulation to do so, the Safety Authority may withdraw its acceptance of the DSMS or its agreement to the use of the DSMS for the project.\nDivision 3—Diving project plans\n169—Diving project plan to be approved\n\t(1)\tThis regulation applies if there is an operator for a diving project.\n\t(2)\tThe diving contractor must prepare a diving project plan for each diving project in consultation with the operator for the project.\n\t(3)\tThe diving project plan must be approved by the operator for the project before diving can commence on the project.\n\t(4)\tThe operator must not approve the diving project plan unless the operator is satisfied that—\n\t(a)\tthe plan complies with regulation 173; and\n\t(b)\tthere was effective consultation in the preparation of the plan, as required by regulation 175.\n170—Diving project plan to Safety Authority if there is no operator\n\t(1)\tThis regulation applies if there is no operator for a diving project.\n\t(2)\tThe diving contractor must prepare a diving project plan for the diving project and give a copy of the plan to the Safety Authority.\n\t(3)\tThe Safety Authority must not accept the diving project plan unless it is satisfied that—\n\t(a)\tthe plan complies with regulation 173; and\n\t(b)\tthere was effective consultation in the preparation of the plan, as required by regulation 175.\n171—Diving project plan to Safety Authority if requested\nIf the Safety Authority asks the operator for a diving project for a copy of the diving project plan, the operator must give a copy of the plan to the Safety Authority.\n172—Updating diving project plan\n\t(1)\tA diving contractor for a diving project must keep the diving project plan for the project up to date during the project.\n\t(2)\tThe diving contractor must update the diving project plan if—\n\t(a)\tbecause of modification of the project, there is a significant increase in the overall level of risk to a diving operation; or\n\t(b)\tthe operator for the project proposes to undertake or permit a modification of the project that might influence significantly the level of specific risks to a diving operation or the ranking of risk contributors.\n\t(3)\tIf there is no operator for a diving project and the diving project plan has been updated, the diving contractor must resubmit the updated plan to the Safety Authority for consideration.\n173—Contents of diving project plan\n\t(1)\tA diving project plan must set out the following matters:\n\t(a)\ta description of the work to be done;\n\t(b)\ta list of the South Australian and Commonwealth legislation (including these regulations) that the diving contractor considers applies to the project;\n\t(c)\ta list of standards and codes of practice that will be applied in carrying out the project;\n\t(d)\ta hazard identification;\n\t(e)\ta risk assessment;\n\t(f)\ta safety management plan;\n\t(g)\tjob hazard analyses for the diving operations;\n\t(h)\tan emergency response plan;\n\t(i)\tthe provisions of the DSMS and the safety case or the pipeline safety management plan that are relevant to the diving project, in particular the arrangements in the DSMS and the safety case or the pipeline safety management plan for simultaneous operations and emergency response;\n\t(j)\tdetails of consultation with divers and other members of the workforce working on the project.\n\t(2)\tThe diving project plan must describe each diving operation that is part of the diving project.\n\t(3)\tThe diving project plan must not specify as a diving operation a task that is too complex, or too big, to be supervised safely by 1 supervisor.\n\t(4)\tThe diving project plan must provide for adequate communications between persons undertaking the project and any relevant—\n\t(a)\tcontractor; and\n\t(b)\tfacility; and\n\t(c)\tvessel or aircraft; and\n\t(d)\ton‑shore installation.\n174—No diving without approved diving project plan\nA diving contractor for a project must not allow a person to dive on the project if—\n\t(a)\tthere is no diving project plan for the project; or\n\t(b)\tthe diving project plan has not been approved by the operator or accepted by the Safety Authority if there is no operator.\nDivision 4—Involvement of divers and members of the workforce\n175—Involvement of divers and members of the workforce in DSMS and diving project plan\n\t(1)\tIn developing or revising a DSMS or diving project plan, a diving contractor must ensure that there is effective consultation with, and participation of, divers and other members of the workforce who will, or may be, working on—\n\t(a)\tthe project; or\n\t(b)\tin the case of a DSMS—projects for which the DSMS would be appropriate.\n\t(2)\tWhen submitting a DSMS to the Safety Authority for acceptance, the diving contractor must set out in writing, details of the consultation that has taken place, including—\n\t(a)\tsubmissions or comments made during the consultation; and\n\t(b)\tany changes that have been made to the DSMS as a result of the consultation.\nDivision 5—Safety responsibilities\n176—Safety responsibilities of diving contractors\n\t(1)\tA diving contractor must take all necessary steps to provide and maintain a working environment (including equipment and systems of work) that reduces risks to the safety and health of divers and other members of the workforce to as low as reasonably practicable.\n\t(2)\tA diving contractor must take all necessary steps to ensure that a diving operation for which the diving contractor is responsible is carried out in a way that complies with the accepted DSMS for the project.\n177—Safety in the diving area\n\t(1)\tAt each place of diving, before the diving operation begins, the diving contractor must make available a copy of—\n\t(a)\tthe instrument by which the diving supervisor was appointed; and\n\t(b)\tthe DSMS; and\n\t(c)\tthe diving project plan that relates to the operation.\n\t(2)\tA person engaged in a diving operation must comply with—\n\t(a)\tan instruction given by a diving supervisor for the diving operation about a matter in the diving project plan; and\n\t(b)\ta direction under regulation 180(3) given to the person by a diving supervisor for the diving operation.\n178—Diving depths\n\t(1)\tThe operator for a surface‑oriented diving operation, involving the use of air or mixed gas as a breathing medium, must not allow the operation to be carried out at a depth of more than 50 metres.\n\t(2)\tThe diving contractor for a surface‑oriented diving operation, involving the use of air or mixed gas as a breathing medium, must not allow the operation to be carried out at a depth of more than 50 metres.\n\t(3)\tThe operator for a diving operation that is carried out at a depth of more than 50 metres must ensure that the diving operation involves the use of—\n\t(a)\ta closed diving bell and a suitable mixed gas breathing medium; or\n\t(b)\ta manned submersible craft.\n\t(4)\tThe diving contractor for a diving operation that is carried out at a depth of more than 50 metres must ensure that the diving operation involves the use of—\n\t(a)\ta closed diving bell and a suitable mixed gas breathing medium; or\n\t(b)\ta manned submersible craft.\nDivision 6—Diving supervisors\n179—Appointment of diving supervisors\n\t(1)\tThe diving contractor responsible for a diving operation must appoint, in writing, 1 or more diving supervisors to ensure that there is a diving supervisor to supervise all diving that is carried out as part of the operation.\nRegulation 173(3) limits the scope of a diving operation that can be supervised by 1 diving supervisor.\n\t(2)\tA diving contractor must not appoint, as a diving supervisor, a person who is not—\n\t(a)\tqualified as a supervisor under ADAS; and\n\t(b)\tcompetent to supervise the operation.\n\t(3)\tStrict liability applies to subregulation (2).\n180—Duties of diving supervisors\n\t(1)\tThe duties of a diving supervisor for a diving operation are—\n\t(a)\tto ensure that the diving operation is carried out—\n\t(i)\tas far as is reasonably practicable without risk to the health or safety of anybody taking part in it or of anyone else who may be affected by it; and\n\t(ii)\tin accordance with the law; and\n\t(iii)\tin accordance with the accepted DSMS for the operation; and\n\t(iv)\tin accordance with the relevant diving project plan; and\n\t(b)\tto countersign entries about the operation in divers' log books; and\n\t(c)\tif there is an operator for the diving project—to report to the operator, during the operation, any of the following:\n\t(i)\tthe death of, or serious personal injury to, a person;\n\t(ii)\tthe incapacitation of a person that prevents the person from performing work for a period of 3 or more days;\n\t(iii)\tan event that could reasonably have led to a consequence of the type mentioned in subparagraph (i) or (ii);\n\t(iv)\ta decompression illness;\n\t(v)\ta pulmonary barotrauma;\n\t(vi)\ta case of omitted decompression;\n\t(vii)\tan occurrence for which the standby diver is deployed for an emergency, except for the purposes of training, exercises or drills;\n\t(viii)\ta failure of life support equipment or man riding equipment.\n\t(2)\tIn subregulation (1)(c)(viii), man riding equipment includes any of the following:\n\t(a)\tan air stage;\n\t(b)\ta wet bell;\n\t(c)\ta closed bell;\n\t(d)\ta guide wire system.\nRegulation 184 requires a diving supervisor to maintain a diving operations record.\n\t(3)\tA diving supervisor who fails to carry out a duty imposed on them by subregulation (1) is guilty of an offence.\n\t(4)\tA diving supervisor, when supervising a diving operation, may give such reasonable directions to any person taking part in the operation as are necessary to enable the diving supervisor to comply with subregulation (1)(a)(i).\n\t(5)\tA diving supervisor must not dive while they are on duty as diving supervisor.\n\t(6)\tA diving supervisor for a diving operation must tell each person who takes part in the operation any instruction, in the diving project plan for the operation, that applies to the person.\n","sortOrder":16},{"sectionNumber":"Div 7","sectionType":"division","heading":"Start‑up notices","content":"Division 7—Start‑up notices\n181—Start‑up notice\n\t(1)\tIn this regulation—\nstart‑up notice, for a diving project, means a written notice, signed by or for the person giving it, dated and containing the following information:\n\t(a)\tthe name, address and telephone number of the diving contractor for the project;\n\t(b)\tthe name, address and telephone number of a person who can be contacted by the Safety Authority at any time during the project;\n\t(c)\tthe date when diving is expected to begin;\n\t(d)\tthe expected duration of the project;\n\t(e)\tthe location of the project;\n\t(f)\tthe depth to which divers will dive;\n\t(g)\tthe purpose of the diving project;\n\t(h)\tthe estimated number of people to be engaged in the project;\n\t(i)\tthe breathing mixture to be used;\n\t(j)\tthe title, document number and revision number of the diving project plan for the project.\n\t(2)\tThe operator for a diving project must not allow diving on the project to begin if the operator has not given a start‑up notice to the Safety Authority—\n\t(a)\tat least 14 days before the day when diving is to begin; or\n\t(b)\ton another day as agreed between the Safety Authority and the operator.\n\t(3)\tIf there is no operator for a diving project, the diving contractor must not allow diving on the project to begin if the diving contractor has not given a start‑up notice to the Safety Authority—\n\t(a)\tat least 14 days before the day when diving is to begin; or\n\t(b)\ton another day as agreed between the Safety Authority and the diving contractor.\n","sortOrder":17},{"sectionNumber":"Div 8","sectionType":"division","heading":"Diving operations","content":"Division 8—Diving operations\n182—Divers in diving operations\n\t(1)\tA diving contractor for a diving operation must not allow a person to dive in the diving operation if the person is not competent to carry out safely any activity that is reasonably likely to be necessary while the person is taking part in the operation.\n\t(2)\tA diving supervisor for a diving operation must not allow a person to dive in the diving operation if the person is not competent to carry out safely any activity that is reasonably likely to be necessary while the person is taking part in the operation.\n\t(3)\tA diving contractor for a diving operation must not allow a person to dive in the diving operation if the person does not have a current diving qualification under ADAS to carry out any activity that is reasonably likely to be necessary while the person is taking part in the operation.\n\t(4)\tA diving supervisor for a diving operation must not allow a person to dive in the diving operation if the person does not have a current diving qualification under ADAS to carry out any activity that is reasonably likely to be necessary while the person is taking part in the operation.\n\t(5)\tA diving contractor for a diving operation must not allow a person to dive in the diving operation if the person does not have a valid medical certificate.\nFor the meaning of valid medical certificate—see regulation 183.\n\t(6)\tA diving supervisor for a diving operation must not allow a person to dive in the diving operation if the person does not have a valid medical certificate.\nFor the meaning of valid medical certificate—see regulation 183.\n\t(7)\tSubregulations (3), (4), (5) and (6) do not apply if the person—\n\t(a)\tis diving in a manned submersible craft; or\n\t(b)\tis diving to provide emergency medical care to an injured person in a chamber.\n183—Medical certificates\nA diver's medical certificate is valid if it satisfies regulation 4.26 (2) or (3) of the Offshore Petroleum and Greenhouse Gas Storage (Safety) Regulations 2009 of the Commonwealth.\n","sortOrder":18},{"sectionNumber":"Div 9","sectionType":"division","heading":"Records","content":"Division 9—Records\n184—Diving operations record\n\t(1)\tA diving supervisor for a diving operation must ensure that a diving operations record for the operation is maintained in the form required by subregulations (2) and (3).\n\t(2)\tA diving operations record—\n\t(a)\tmust be kept in a hard‑covered form bound in such a way that its pages cannot easily be removed; or\n\t(b)\tif it is in a form that has multiple copies of each page, must be bound so that at least 1 copy of each page cannot easily be removed.\n\t(3)\tThe pages of a diving operations record must be serially numbered.\n\t(4)\tThe diving supervisor for a diving operation must ensure that an entry is made in the diving operations record for each day when diving for the operation takes place, with the following information about the diving operation on that day:\n\t(a)\tthe date to which the entry relates;\n\t(b)\tthe diving contractor's name and address;\n\t(c)\tthe name of the diving supervisor, or the names of the diving supervisors, who supervised the operation;\n\t(d)\tthe location of the diving operation (including, if the diving was done from a vessel or installation, its name);\n\t(e)\tthe name of each person who took part in the operation (whether as a diver or as a member of a dive team);\n\t(f)\tthe name of each person who took part as a diver or stand by diver in the operation;\n\t(g)\tthe purpose of the diving operation;\n\t(h)\tfor each diver—the breathing apparatus and breathing mixture used;\n\t(i)\tfor each diver—the times at which the diver left the surface, reached the bottom, left the bottom and arrived at the surface again, and bottom time;\n\t(j)\tfor each diver—the maximum depth reached;\n\t(k)\tthe decompression schedule followed including, for each diver, details of the depths and the duration at each depth during decompression;\n\t(l)\tdetails of any emergency or incident of special note that happened during the operation;\n\t(m)\tdetails of any decompression illness and any treatment given;\n\t(n)\tdetails of any significant defect or significant failure of diving plant or equipment used in the operation;\n\t(o)\tdetails of any environmental factors relevant to the operation;\n\t(p)\tanything else that is likely to affect the health or safety of anybody who took part in the operation.\n\t(5)\tA diving supervisor responsible for a diving operation must sign—\n\t(a)\teither—\n\t(i)\tif the record is in a form that has multiple copies of each page—the original of each page of each entry; or\n\t(ii)\tin any other case—each page of each entry; or\n\t(b)\tif there are 2 or more diving supervisors for the operation—those parts of the entry that relate to diving work that they supervised,\nin the diving operations record for the operation and must print their name below the signature.\n\t(6)\tA diving contractor must keep a diving operations record for at least 7 years after the last entry in it.\n185—Divers' log books\n\t(1)\tA diver must—\n\t(a)\thave a log book in the form required by subregulation (2); and\n\t(b)\tfor each time they dive—\n\t(i)\tmake an entry in the log book, in ink, as required by subregulation (3); and\n\t(ii)\tsign the entry; and\n\t(iii)\thave the diving supervisor for the operation countersign the entry; and\n\t(c)\tkeep the log book for at least 7 years after the date of the last entry in it.\n\t(2)\tThe log book must—\n\t(a)\thave hard covers; and\n\t(b)\tbe bound so that pages cannot easily be removed; and\n\t(c)\thave its pages serially numbered; and\n\t(d)\tshow the diver's name; and\n\t(e)\thave a clear photograph of the head and shoulders of the diver; and\n\t(f)\thave a specimen of the diver's signature.\n\t(3)\tAn entry in the log book must contain the following information:\n\t(a)\tthe date to which the entry relates;\n\t(b)\tthe location of the dive (and, if the dive was from a ship or installation, the name of the ship or installation);\n\t(c)\tthe maximum depth reached;\n\t(d)\tthe times at which the diver left the surface, reached the bottom, left the bottom and arrived at the surface again, and bottom time;\n\t(e)\tthe breathing apparatus and breathing mixture used;\n\t(f)\tthe decompression schedule followed;\n\t(g)\tthe work done and the plant and tools used;\n\t(h)\tany decompression illness, barotrauma, discomfort or injury and details of any treatment given;\n\t(i)\tdetails of any emergency or incident;\n\t(j)\tanything else relevant to the diver's health or safety.\n","sortOrder":19},{"sectionNumber":"Part 6","sectionType":"part","heading":"Fees","content":"Part 6—Fees\n186—Fees\n\t(1)\tThe fees set out in Schedule 3 are payable as specified in that Schedule.\n\t(2)\tFor the purpose of determining the registration of fees payable under section 91 of the Act—\n\t(a)\tthe prescribed amount for the purposes of section 91(1), (2) and (5) is $920;\n\t(b)\tthe prescribed amount for the purposes of section 91(3) and (6) is $4 590.\nSchedule 1—Hazardous substances\nPart 1—Interpretation\n1\tIn this Schedule—\nbona fide research means a systematic, investigative or experimental activity conducted for the purpose of—\n\t(a)\tacquiring new knowledge; or\n\t(b)\tcreating new or improved materials, products, devices, processes or services; or\n\t(c)\tanalysis to identify the kind or quantities of ingredients in a substance;\nin situ, in relation to a product that contains asbestos, means that, at the time the use of the form of asbestos in the product is prohibited under regulation 12, the product is fixed or installed—\n\t(a)\tin—\n\t(i)\ta building or any other structure that forms a workplace; or\n\t(ii)\ta plant, a vehicle or any other thing that is for use at a workplace; and\n\t(b)\tin a way that does not constitute a risk to users until the asbestos contained in the product is disturbed.\nPart 2—Permitted circumstances for using certain hazardous substances\n\nItem\nSubstance (identified by substance name)\nPermitted circumstance\nPolychlorinated biphenyls (also known as PCBs)\nHandling for storage prior to removal or disposal.\n\nStorage prior to removal or disposal.\n\nRemoval or disposal.\n\nUse when contained in existing electrical equipment or construction material.\n\nRepair of existing electrical equipment or construction material.\nPart 3—Permitted circumstances for using certain hazardous substances with carcinogenic properties\n\nItem\nSubstance (identified by substance name, with chemical abstract number in square brackets)\nPermitted circumstances\n2-Acetylaminofluorene [53-96-3]\nAflatoxins\n4-Aminodiphenyl [92-67-1]\nAmosite (brown asbestos) [12172-73-5]\n\nHandling for storage prior to removal or disposal of amosite.\n\nStorage prior to removal or disposal of amosite.\n\nRemoval or disposal of amosite in accordance with a law of a State or Territory relating to the removal of asbestos.\n\nDisturbance of naturally occurring amosite that is incidental to operations not related to the extraction or processing of amosite, for example, roadworks.\n\nUse of a facility that contains amosite, or use of an item of plant that is attached to a facility and that contains amosite, where—\n\t(a)\tthe amosite is in situ; and\n\t(b)\tthe use does not disturb the amosite.\nBenzidine [92-87-5] and its salts, including benzidine dihydrochloride [531-85-1]\nbis (Chloromethyl) ether [542-88-1]\nChloromethyl methyl ether (technical grade containing bis (chloromethyl) ether) [107-30-2]\nCrocidolite (blue asbestos) [12001-28-4]\n\nHandling for storage prior to removal or disposal of crocidolite.\n\nStorage prior to removal or disposal of crocidolite.\n\nRemoval or disposal of crocidolite in accordance with a law of a State or Territory relating to the removal of asbestos.\n\nDisturbance of naturally occurring crocidolite that is incidental to operations not related to the extraction or processing of crocidolite, for example, roadworks.\n\nUse (without disturbance) of crocidolite in products that are in situ.\n4-Dimethylaminoazo-benzene [60-11-7]\n2-Naphthylamine [91-59-8] and its salts\n4-Nitrodiphenyl [92-93-3]\nActinolite asbestos [77536-66-4]\n\nHandling for storage prior to removal or disposal of actinolite.\n\nStorage prior to removal or disposal of actinolite.\n\nRemoval or disposal of actinolite in accordance with a law of a State or Territory relating to the removal of asbestos.\n\nDisturbance of naturally occurring actinolite that is incidental to operations not related to the extraction or processing of actinolite, for example, roadworks.\n\nUse (without disturbance) of actinolite in products that are in situ.\nAnthophyllite asbestos [77536-67-5]\n\nHandling for storage prior to removal or disposal of anthophyllite.\n\nStorage prior to removal or disposal of anthophyllite.\n\nRemoval or disposal of anthophyllite in accordance with a law of a State or Territory relating to the removal of asbestos.\n\nDisturbance of naturally occurring anthophyllite that is incidental to operations not related to the extraction or processing of anthophyllite, for example, roadworks.\n\nUse (without disturbance) of anthophyllite in products that are in situ.\nChrysotile (white asbestos) [12001-29-5]\n\nHandling for storage prior to removal or disposal of chrysotile.\n\nStorage prior to removal or disposal of chrysotile.\n\nRemoval or disposal of chrysotile in accordance with a law of a State or Territory relating to the removal of asbestos.\n\nDisturbance of naturally occurring chrysotile that is incidental to operations not related to the extraction or processing of chrysotile, for example, road works.\n\nUse (without disturbance) of chrysotile in products that are in situ.\nTremolite asbestos [77536-68-6]\n\nHandling for storage prior to removal or disposal of tremolite.\n\nStorage prior to removal or disposal of tremolite.\n\nRemoval or disposal of tremolite in accordance with a law of a State or Territory relating to the removal of asbestos.\n\nDisturbance of naturally occurring tremolite that is incidental to operations not related to the extraction or processing of tremolite, for example, roadworks.\n\nUse (without disturbance) of tremolite in products that are in situ.\nThis Part sets out the prohibitions and permitted uses that apply to all Australian workplaces under a national agreement. However, not all items and permitted uses are relevant to offshore petroleum operations.\n","sortOrder":20},{"sectionNumber":"Sch 2","sectionType":"schedule","heading":"Forms","content":"Schedule 2—Forms\nForm 1—Provisional improvement notice\nTo:\n[the responsible person within the meaning of clause 37(2) of Schedule 7 of the Act]\nI, [name of the health and safety representative issuing the notice], selected as the health and safety representative under clause 24 or 25 of Schedule 7 of the Act for [description of the designated work group], after consultation in accordance with clause 37(1) of Schedule 7 of 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:\nThe contravention is [a brief description]:\nThe contravention is occurring at [location]:\nThe reasons for my opinion are as follows:\nIn accordance with clause 37(5)(b) of Schedule 7 of 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\t(a)\tnot less than 7 days after the day when the notice is issued; and\n\t(b)\treasonable in the opinion of the health and safety representative).\nIn accordance with clause 37(6) of Schedule 7 of the Act, I specify the following action to be taken:\nSigned: [signature of health and safety representative]\n\t1.\tUnder clause 38(1) of Schedule 7 of 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\t2.\tClause 38(5) of Schedule 7 of the Act requires a responsible person to whom a provisional improvement notice is given—\n\t•\tto notify each group member affected by the notice of the fact that the notice has been issued; and\n\t•\tto 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\t3.\tUnder clause 38(6) of Schedule 7 of the Act, a provisional improvement notice ceases to have effect when—\n\t•\tit is cancelled by the health and safety representative or an OHS inspector; and\n\t•\tthe 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\t4.\tClause 38(7) of Schedule 7 of the Act requires the responsible person—\n\t•\tto ensure, as far as possible, that a provisional improvement notice is complied with; and\n\t•\tto inform the health and safety representative who issued the notice of the action taken to comply with the notice.\n\t5.\tUnder clause 65 of Schedule 7 of the Act, if an OHS inspector has confirmed or varied a provisional improvement notice—\n\t•\tthe operator of the facility or an employer affected by the decision; or\n\t•\tthe health and safety representative for a designated work group that includes a group member affected by the decision; or\n\t•\tthe owner of any plant substances or thing to which that decision relates; or\n\t•\tthe person to whom the notice was issued; or\n\t•\ta workforce representative in relation to the designated work group that includes a group member affected by the decision; or\n\t•\tif there is no designated work group—a workforce representative in relation to a member of the workforce affected by the decision,\nmay request the Australian Industrial Relations Commission in writing to review the OHS inspector's decision.\nForm 2—Notice of removal of plant or sample\nTo:\n[name of operator, employer or owner of the plant, substance or thing (if applicable)]\nand\n[name of health and safety representative for designated workgroup]\nI, [name of OHS inspector], an OHS inspector within the meaning of the Act, in the course of conducting an inspection under clause 48 of Schedule 7 of the Act, have taken possession of:\n[description of item removed]\nfrom the workplace at:\n[address]\nThe reason for this action is:\n[explanation of why removal of item was necessary]\n\t1.\tThis notice must be displayed in a prominent place at the workplace from which the item was removed.\n\t2.\tUnder clause 63 of Schedule 7 of the Act, this notice must not be tampered with or removed until the item has been returned to the workplace.\n\t3.\tUnder clause 63 of Schedule 7 of 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 not more than $11 000 in the case of a natural person or $55 000 in the case of a body corporate.\n\t4.\tUnder clause 65 of Schedule 7 of the Act, any of the following persons may request the Australian Industrial Relations Commission in writing to review the OHS inspector's decision—\n\t•\tthe health and safety representative for a designated work group that includes a group member affected by the decision;\n\t•\ta workforce representative in relation to the designated work group that includes a group member affected by the decision;\n\t•\tif there is no designated work group—a workforce representative in relation to a member of the workforce affected by the decision;\nForm 3—Do not disturb notice\nTo:\n[name of operator's representative at the facility]\nI, [name of OHS inspector] an OHS inspector within the meaning of the Act, direct that:\n[description of the affected workplace or part of workplace, plant, substance or thing]\nis not to be disturbed during the period from [insert specified time] am/pm to [insert specified time] am/pm on [insert date].\nThe reasons for issuing this notice are:\n\t1.\tUnder clause 58 of Schedule 7 of the Act, an operator of a facility who does not ensure that a notice is complied with may be liable to a penalty of not more than $27 500 in the case of a natural person and $137 500 in the case of a body corporate.\n\t2.\tThis notice must be displayed in a prominent place at the workplace and must not be tampered with or removed before the notice has ceased to have effect\n\t3.\tUnder clause 65 of Schedule 7 of the Act, any of the following persons may request the Australian Industrial Relations Commission in writing to review the OHS inspector's decision—\n\t•\tthe health and safety representative for a designated work group that includes a group member affected by the decision;\n\t•\ta workforce representative in relation to the designated work group that includes a group member affected by the decision;\n\t•\tif there is no designated work group—a workforce representative in relation to a member of the workforce affected by the decision;\nForm 4—Prohibition notice\nTo:\n[name of operator's representative at the facility]\nI, [name of OHS inspector], an OHS inspector within the meaning of the Act, am satisfied that it is necessary to issue a prohibition notice to the operator of [name of the facility] in order to remove an immediate threat to the health or safety of a person.\nI THEREFORE PROHIBIT the following activity or activities—\n\t(a)\tat this workplace or part of workplace: [specify workplace, or part, as the case may be]\n\t(b)\tusing this plant or substance: [specify plant or substance, if applicable]\n\t(c)\tfollowing this procedure: [specify procedure, if applicable]\n*Action that may be taken that will be adequate to remove the threat to health and safety is:\n[if insufficient space, use additional page]\n[* Omit if inapplicable]\n\t1.\tUnder clause 60 of Schedule 7 of the Act, an operator who fails to ensure that this notice is complied with, to the extent that it relates to a matter over which the operator has control, may be liable to a penalty of not more than $27 500 in the case of a natural person and $137 500 in the case of a body corporate.\n\t2.\tThis notice must be displayed in a prominent place at the workplace and must not be tampered with or removed before the notice has ceased to have effect.\n\t3.\tUnder clause 65 of Schedule 7 of the Act, any of the following persons may request the Australian Industrial Relations Commission, in writing, to review the OHS inspector's decision—\n\t•\tthe operator of the facility or an employer who is affected by the decision;\n\t•\ta person to whom a prohibition notice has been issued;\n\t•\tthe health and safety representative for a designated work group that has a group member affected by the decision;\n\t•\ta workforce representative in relation to the designated work group that includes a group member affected by the decision;\n\t•\tif there is no designated work group—a workforce representative in relation to a member of the workforce affected by the decision;\nForm 5—Improvement notice\nTo:\n[name of responsible person]\nI, [name of OHS inspector], an OHS inspector within the meaning of the Act, am satisfied that the person named above as the responsible person is contravening, or has contravened, and is likely to contravene:\n\t(a)\tclause [insert clause number] of Schedule 7 of the Act; or\n\t(b)\tregulation [insert regulation number];\nat\n[location of workplace].\nThe reasons for my opinion are:\n[brief description of contravention]\nYou are required to take action within [insert number] days of the date of this notice to prevent any further contravention or likely contravention of the clause or regulation.\n*The following action must be taken by the responsible person within the period specified above:\n[If insufficient space, use additional page]\n[* Omit if inapplicable]\nWhen the required improvement has been completed, return this part of the notice to the following person at the address below:\nName:\nPosition:\nAddress:\nTelephone number:\nImprovement Notice No. [insert Improvement Notice No.] has been complied with.\nSigned:\nThis notice was delivered to: [insert name]\nin the office or position of [insert office or position]\nat: [insert time, am or pm] on [insert date].\n\t1.\tUnder clause 62 of Schedule 7 of the Act, a person who fails to ensure that this notice is complied with, to the extent that it relates to a matter over which the person has control, may be liable to a penalty of not more than $11 000 in the case of a natural person and $55 000 in the case of a body corporate.\n\t2.\tThis notice must be displayed in a prominent place at the workplace and, under clause 63 of Schedule 7 of the Act, must not be tampered with or removed before the notice has ceased to have effect.\n\t3.\tThis notice ceases to have effect when the OHS inspector notifies the responsible person that he or she is satisfied that the responsible person has taken adequate action to remove the threat to health and safety that caused the notice to be issued. If the OHS inspector has specified action that the responsible person should take to remove the threat, the responsible person should advise the OHS inspector as soon as the action has been taken.\n\t4.\tUnder clause 61(7) of Schedule 7 of the Act, an operator, or an employer of a member of the workforce to whom this notice is given must—\n\t(a)\tgive a copy of the notice to each health and safety representative for a designated workgroup having group members performing work that is affected by the notice; and\n\t(b)\tdisplay a copy of the notice in a prominent place at or near each workplace at which the work is being performed.\n\t5.\tUnder clause 65 of Schedule 7 of the Act, any of the following persons may request the Australian Industrial Relations Commission to review the OHS inspector's decision—\n\t•\tany person to whom an improvement notice has been issued;\n\t•\tthe health and safety representative for a designated work group that includes a group member affected by the decision;\n\t•\ta workforce representative in relation to a designated work group that includes a group member affected by the decision;\n\t•\tif there is no designated work group—a workforce representative in relation to a member of the workforce affected by the decision;\n","sortOrder":21},{"sectionNumber":"Sch 3","sectionType":"schedule","heading":"Fees","content":"Schedule 3—Fees\n\nApplication fees, payable on application for—\n\n\t(a)\tan exploration permit (section 20(1)(f))\n\n\t(b)\tan exploration permit in respect of a surrendered etc block (section 23(1)(a))\n$7 500.00\n\n\t(c)\trenewal of an exploration permit (section 29(2)(c))\n$7 500.00\n\n\t(d)\ta retention lease (section 37A(2)(e))\n\n\t(e)\trenewal of a retention lease (section 37F(2)(d))\n\n\t(f)\ta production licence (section 40(1)(e))\n\n\t(g)\ta production licence in respect of a surrendered etc block (section 47(1)(a))\n\n\t(h)\t2 or more production licences in exchange for original production licence (section 50(2)(e))\n\n\t(i)\trenewal of a production licence (section 53(2)(d))\n\n\t(j)\ta pipeline licence (section 63(1)(f))\n\n\t(k)\trenewal of a pipeline licence (section 67(2)(c))\n\n\t(l)\tvariation of a pipeline licence (section 70(2)(e))\n\n\t(m)\tregistration of devolution of title (section 78(2))\n$105.00\n\n\t(n)\tregistration of change of company name (section 78(3)(b))\n$105.00\n\n\t(o)\tspecial prospecting authority (section 110(2)(d))\nFor inspection of register and all instruments or copies subject to inspection (section 85(1))\n$20.00\nFor certified copy or extract from register etc (section 86(2))—per page\n$4.00\nFor Minister's certificate as to registration etc (section 86(3))\n$50.00\nFor access to information, or cores, cuttings or samples, under section 117(1b)(b), (2)(b), (3)(b), (5)(c), (5)(d) or (5a)(b)—per day\n$45.00\nAnnual exploration permit fee (section 138)\n$10 000.00\nAnnual retention lease fee, payable in respect of each block to which the lease relates at the commencement of each year of the term of the lease (section 138)\n$20 000.00\nAnnual production licence fee, payable in respect of each block to which the licence relates at the commencement of each year of the term of the licence (section 138)\n$20 000.00\nAnnual pipeline licence fee, payable in respect of each kilometre (or part kilometre) of the length of the pipeline at the commencement of each year of the term of the pipeline licence (section 138)\n$100.00\n","sortOrder":22},{"sectionNumber":"Sch 4","sectionType":"schedule","heading":"Revocation of Petroleum (Submerged Lands) Regulations 2005","content":"Schedule 4—Revocation of Petroleum (Submerged Lands) Regulations 2005\nThe Petroleum (Submerged Lands) Regulations 2005 are revoked.\nLegislative history\nNotes\n\t•\tFor further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.\nPrincipal regulations\nYear\nNo\nReference\nCommencement\nGazette 23.7.2020 p3882 \n23.7.2020: r 2\n","sortOrder":23}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"_metrics":{"completionTokens":794},"content_quality":"ok","complexity_score":8,"scope_assessment":{"changed":false,"description":"The legislation appears consistent with its original purpose of regulating offshore petroleum safety. The 2020 version consolidates and updates previous regulations without significant scope expansion — it covers facilities, pipelines, and diving operations as expected for this sector."},"complexity_factors":["186 regulations across 6 Parts with multiple Divisions and Subdivisions","Extensive cross-referencing to the Petroleum (Submerged Lands) Act 1982, especially Schedule 7","Multiple overlapping approval systems: Safety Authority for safety cases, Minister for pipelines, both for pipeline safety components","Nested conditional requirements (e.g., safety case revisions triggered by 5 different circumstances in regulation 71)","Defined terms scattered across Parts with some terms redefined for specific Parts (e.g., 'operator' has different meanings in Parts 3, 4, and 5)","Extensive procedural requirements for elections, ballots, and consultations with multiple steps and time limits","Dual regulation structure where state laws are explicitly excluded (regulation 38) but federal laws apply","5 detailed statutory forms in Schedule 2 with extensive notes and cross-references","Hazardous substances regulated through tabular schedules with chemical abstract numbers and conditional permitted uses","Multiple 5-year mandatory review cycles running independently for safety cases, pipeline management plans, and DSMSs"],"plain_english_summary":"These regulations set the rules for **offshore petroleum operations** in South Australian waters — covering oil and gas platforms, pipelines, and diving work. They aim to keep workers safe and protect the environment.\n\n**Who it affects:**\n- Companies that own or operate offshore oil and gas facilities\n- Pipeline operators\n- Diving contractors working on offshore petroleum projects\n- Workers on these facilities\n\n**What it does:**\n\n**Part 2 — Worker health and safety basics**\n- Sets limits on working hours to prevent fatigue\n- Bans drugs and alcohol (with exceptions for prescribed medications)\n- Controls exposure to hazardous substances, noise, and dangerous chemicals like asbestos\n- Establishes a system for workers to elect **health and safety representatives** to speak up for their safety\n\n**Part 3 — Safety management for offshore facilities**\n- Requires every facility to have a **registered operator** with day-to-day control\n- Operators must submit a detailed **\"safety case\"** to the Safety Authority before any construction, operation, or decommissioning — this is a comprehensive document proving they've identified hazards and planned how to control risks\n- Safety cases must be reviewed every 5 years or when major changes occur\n- Independent experts must **validate** designs and major modifications\n- Accidents and \"dangerous occurrences\" must be reported immediately\n\n**Part 4 — Pipeline safety**\n- Pipeline operators need **consent** from the Minister to construct and operate pipelines\n- They must maintain a **pipeline management plan** covering design, operation, modification, and decommissioning\n- The Safety Authority reviews the safety components of these plans\n- Strict rules for reporting incidents like leaks, fires, or equipment failures\n\n**Part 5 — Diving safety**\n- Diving contractors need an **accepted diving safety management system (DSMS)** before any work starts\n- Each diving project needs an approved **diving project plan**\n- Divers must be properly qualified, medically fit, and supervised by certified diving supervisors\n- Strict depth limits: air diving cannot exceed 50 metres; deeper dives need special equipment like closed bells\n- Detailed record-keeping required for every dive\n\n**Key concept explained:** A **\"safety case\"** is essentially a formal promise backed by evidence — companies must prove they've thought through everything that could go wrong, how likely it is, and exactly what they'll do to prevent it or respond if it happens."},"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Scope assessment is not possible — the substantive content of the Petroleum (Submerged Lands) Regulations 2020 (SA) was not available in the submitted text. Only a 'Page Not Found' error page from the SA legislation website was provided."},"complexity_factors":["No legislative text was retrievable — only a website error page was provided","Cannot assess complexity of the actual regulations without content","Score of 1 reflects the trivial nature of what was actually submitted, not the likely complexity of the underlying law"],"plain_english_summary":"The instrument is a South Australian regulation governing petroleum activities in submerged (offshore) lands. It sets the regulatory framework affecting petroleum explorers and producers, licence holders and regulators, with implications for environmental oversight and coastal communities. It matters because it governs who can extract offshore petroleum, how activities are authorised and monitored, and the environmental and economic risks involved."},"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":false,"description":"On its face these regulations operationalise the Act by prescribing procedures, standards, timelines, fees and penalties for offshore facilities, pipelines and diving (see Part 3 regs 40–79; Part 4 regs 93–155; Part 5 regs 156–185). They set administrative powers (accept/reject/exempt/validate) and compliance duties rather than expanding the classes of persons or activities captured by the Act; they therefore implement rather than change the statutory scope."},"complexity_factors":["Length and technical detail across multiple domains (OHS, safety cases, pipelines, diving, fees)","Extensive cross‑references to the Petroleum (Submerged Lands) Act and other Commonwealth instruments","Multiple procedural decision points with statutory time limits (e.g. regs 66, 68, 72, 76, 116, 129, 162)","Administrative discretions vested in the Safety Authority and Minister (acceptance, rejection, exemptions, validations)","Numerous offence and penalty provisions with varying maximum fines (see Parts 3–5)","Technical validation and competence requirements requiring independent validators and standards (regs 81, 95, 160–166)","Recordkeeping, reporting and consultation obligations that create ongoing compliance burdens (regs 64, 84, 123, 124, 184)","Interlocking requirements for different lifecycle stages (construction, operation, modification, decommissioning) increasing conditional complexity"],"plain_english_summary":"These regulations set the detailed safety, operator, pipeline and diving rules for offshore petroleum activities. They require registered operators, accepted safety cases or pipeline management plans, approved diving safety systems, specific reporting and recordkeeping, and impose fees, offences and penalties.  \nThey primarily affect facility owners, operators, licensees, contractors and workers by imposing compliance duties, consultation obligations, validation and reporting timelines, and give the Safety Authority and Minister powers to accept, reject or exempt submissions (see regs 14, 65–69, 80, 81)."},"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-submerged-lands-regulations-2020","history":"/api/acts/petroleum-submerged-lands-regulations-2020/history","analysis":"/api/acts/petroleum-submerged-lands-regulations-2020/analysis","conflicts":"/api/acts/petroleum-submerged-lands-regulations-2020/conflicts","importantCases":"/api/acts/petroleum-submerged-lands-regulations-2020/important-cases","documents":"/api/acts/petroleum-submerged-lands-regulations-2020/documents"}}