Part 4Operator classification and activity notification

Part 4—Operator classification and activity notification 16—Preliminary (1) In this Part— regulatory objectives are the objectives that must be achieved under the Act, these regulations, the relevant statement of environmental objectives and the conditions of a licence; regulatory requirements means the requirements imposed by the Act, these regulations and the conditions of a licence. 16A—Management system—section 73A (1) For the purposes of section 73A of the Act, a management system must set out the following: (a) corporate policies of the licensee that address the achievement of regulatory requirements and objectives; (b) resources that will be applied to effectively implement the management system; (c) recognised industry practices and procedures that will be applied in— (i) undertaking regulated activities; and (ii) achieving compliance with regulatory requirements; (d) processes for managing physical, operational, procedural or organisational changes in respect of regulated activities; (e) systems that will manage risks allowing achievement of the regulatory objectives arising from undertaking regulated activities, including— (i) the controls that will be implemented to eliminate or reduce risks associated with regulated activities; and (ii) the systems that will ensure the implemented controls will be clearly defined and achieved; (f) practices and procedures to ensure employees, contractors and visitors to the licence area have the appropriate competency, training (including ongoing training), induction and supervision; (g) mechanisms for consulting and communicating with external parties in relation to regulated activities; (h) systems to identify, investigate and report incidents arising from regulated activities; (i) practices and procedures to be followed in the event of an emergency relating to regulated activities; (j) systems that monitor, evaluate, audit and review the effectiveness of all aspects of the management system, including the performance of controls; (k) any other relevant matter as determined by the Minister. (2) A licensee must comply with any requirements determined by the Minister in relation to the establishing and maintaining of a management system. 17—Licensee classification—section 74 (1) For the purposes of section 74 of the Act, the effectiveness of a licensee's management system is relevant to determining whether a licensee can be classified as a licensee who is carrying out activities requiring low level official surveillance. (2) The Minister must publish guidelines relating to the criteria that will be used in assessing the effectiveness of a licensee's management system. 18—Activity notification—low level official surveillance (1) For the purposes of section 74(3) of the Act, notice of activities requiring low level official surveillance is to be given to the Minister at least 21 days before the proposed commencement of the activities or within such shorter period as the Minister may, in a particular case, allow. (2) A notice under subregulation (1) must comply with the requirements of regulation 20. 19—Activity notification—high level official surveillance (1) For the purposes of section 74(3) of the Act, an application for the Minister's approval for activities requiring high level official surveillance is to be given to the Minister at least 35 days before the proposed commencement of the activities or within such shorter period as the Minister may, in a particular case, allow. (2) A notice under subregulation (1)— (a) must include, or be accompanied by, detailed information on the licensee's proposals in respect of the effectiveness of the licensee's management system; and (b) must comply with the requirements of regulation 20. (3) The Minister must, in determining whether to grant an approval under section 74(3)(a) of the Act, consider the effectiveness of a licensee's management system. (4) The Minister must not grant an approval under section 74(3)(a) of the Act unless or until the Minister is satisfied that the requirements of Part 12 of the Act have been complied with. 20—Detailed activity information (1) A notice under regulation 18(1) or 19(1) must include, or be accompanied by, the following information or material: (a) the licence number and the name of the licensee; (b) a description of the relevant activity; (c) information on the proposed location of the relevant activity, using GDA 2020 coordinates, and including a map of the relevant area showing the proposed location of the relevant activity and significant topographical, environmental and cultural features; (d) the full name and business address of any contractor who will be involved to a significant degree in carrying out the activity; (e) the proposed commencement date and the estimated duration of the activity; (f) the name and address of the owner of the relevant land, a declaration concerning compliance with Part 10 of the Act and a copy of any notice provided under that Part, and (if relevant) information on any scheme or process that will be put in place for giving or providing notices or information to owners of the land as the activity progresses; (g) an assessment as to whether the relevant activity is covered by an existing statement of environmental objectives under Part 12 of the Act; (h) if the relevant activity involves a geophysical survey— (i) proposed geophysical techniques; and (ii) the length or area of the survey (in kilometres or square kilometres); and (iii) in the case of a seismic survey—the energy source proposed to be used and a list of proposed line names; (i) if the relevant activity involves well drilling— (i) the type of well to be drilled; and (ii) the proposed well name; and (iii) the expected depth of any well; and (iv) a geological prognosis; and (v) maps showing significant structural horizons; and (vi) information on primary and secondary targets, and an estimate of the hydrocarbon potential of each target; and (vii) information on any relevant evaluation program, including a program for acquiring cuttings samples according to the expected geological formations; and (viii) a target weight for each cutting's sample to be provided to the department under these regulations; (j) an assessment that indicates that any facility, equipment or system that is to be used for undertaking any drilling, production or pipeline related activity is fit for purpose so as to ensure compliance with the regulatory requirements of the Act. (2) The notice must include the full name, business address and telephone number of a person who can be contacted about the matters contained in the notice. (3) The Minister may require that a licensee provide further information or material in order to ensure that the department has comprehensive information on the proposed activities. (4) If a requirement is imposed under subregulation (3), the licensee must not commence the relevant activities until the Minister is satisfied that appropriate information has been provided. (5) The Minister may, if the Minister thinks fit, publicly release information on the location and type of any activity to be carried out under a licence. 21—Assessment to be registered If the Minister determines that activities are to be classified as requiring low level official surveillance, a note relating to that determination must be included on the environmental register.