Part 6Operational issues

Part 6—Operational issues Division 1—Geophysical surveys 23—Naming conventions (1) A licensee who carries out a geophysical survey must assign a distinguishing name or code to the survey, and to each line that makes up the survey. (2) A name or code assigned under subregulation (1) must not be the same, or substantially the same, as a name or code that has already been assigned to another survey (whether current or past) undertaken in Australia. 24—Permanent markers (1) The Minister may require a licensee who carries out a geophysical survey to set in place permanent markers at survey base stations so as to provide survey location control. (2) A licensee must comply with a requirement under subregulation (1). (3) Subject to complying with subregulation (1), a licensee must ensure that permanent markers are set so that they are— (a) unlikely to be disturbed by normal use of the land by others; and (b) unlikely to interfere with the normal activities of other users of the land; and (c) easily accessible. Division 2—Drilling 25—Naming of wells (1) A licensee who drills a well must assign a distinguishing name and number to the well. (2) A name assigned under subregulation (1)— (a) must not be the same, or substantially the same, as a name that has already been assigned to another well in Australia (whether on‑shore or off‑shore); and (b) must conform with naming conventions recognised by the Minister. (3) A well (other than an decommissioned well) must be clearly marked in a permanent manner with its name and well number. 26—Location surveys The licensee must, as soon as practicable after the location of a well is established, but in any event not later than 6 months after the drilling rig is released (or such longer period as the Minister may allow), determine the location and elevation of the well in accordance with requirements determined by the Minister for the purposes of this regulation. 27—Well evaluation A licensee who drills a well must evaluate the geology through which the well passes, and the likelihood of occurrences of a regulated resource for which the licence is held— (a) in accordance with good industry practice; and (b) in accordance with any program specified for the purposes of regulation 20 subject to the qualification that the licensee may substitute another form of wireline logs that provide an outcome that is at least equivalent to the outcome that would be provided by the wireline logs originally specified in the program under that regulation; and (c) if required by the Minister—in accordance with an evaluation program specified by the Minister. 28—Deviation A licensee must not, without the approval of the Minister, allow a well to be drilled so as to enter an area outside the area of the licence. Division 3—Pipelines and flowlines 29—Pipelines and flowlines Unless otherwise approved by the Minister, the design, manufacture, construction, operation, maintenance, testing and decommissioning of pipelines and flowlines must be carried out in accordance with the relevant requirements of AS 2885 Pipelines—Gas and Liquid Petroleum as in force from time to time. Division 4—Fitness for purpose assessments 30—Fitness for purpose assessments (1) This regulation prescribes the requirements envisaged by section 86A of the Act. (2) An assessment under this regulation must specifically address— (a) the physical condition of each facility; and (b) the effectiveness of management systems for the operation and maintenance of each facility; and (ba) the condition and operation of controls and the elements of the associated management system for maintaining those controls; and (c) the potential for the environment to affect the safe and effective operation of each facility; and (d) the potential for serious incidents to occur at each facility, including the potential for hazardous materials or substances stored at or near the facility to affect the safe or effective operation of the facility; and (e) the adequacy and reliability of the utilities required in order to enable the effective operation of each facility (so far as this may be relevant). (3) For the purposes of section 86A(2) of the Act, the following intervals are prescribed: (a) the first assessment must be carried out within— (i) in the case of a report that relates to a production facility or pipeline—within 5 years after commissioning; or (ii) in any other case—within 5 years after the completion of a statement of environmental objectives under the Act, or an environmental impact statement under the Planning, Development and Infrastructure Act 2016 (as the case may be); (b) each subsequent assessment must be carried out within 5 years after the completion of the previous assessment (or such longer time as may be determined by the Minister). (4) For the purposes of section 86A(4) of the Act, a report must be furnished to the Minister within 2 months after the completion of the assessment. (5) A report must include, in relation to each facility to which the report relates— (a) a name and description of the facility; and (b) the date on which the assessment occurred, or was completed (as the case may be); and (c) a summary of the assessment of the risks associated with the operation of the facility; and (d) a statement of the state of the current, and expected (over an ensuing 5 year period), fitness for purpose of the facility, setting out the grounds on which the statement is made and including— (i) an assessment of the physical condition of the facility; and (ii) an assessment of the effectiveness of management systems for the operation and management of the facility; and (iii) information on any other factor that may adversely affect or compromise the fitness for purpose of the facility; and (e) any other information requested by the Minister, and a report may include other information thought to be relevant by the licensee. (6) A licensee may, with the approval of the Minister, group various facilities for the purposes of an assessment or report under this subregulation. (7) Information provided in a report must— (b) state any limitations that apply, or should apply, to the use of the information; and (c) identify any matter in relation to which there is a significant lack of relevant information or a significant degree of uncertainty; and (d) so far as is relevant, identify the sensitivity to change of any assumption that has been made and any significant risks that may arise if an assumption is later found to be incorrect; and (e) so far as is reasonably practicable, be presented in a way that allows a person assessing the information to understand how conclusions have been reached. (8) A report under this regulation— (a) must be provided by the licensee or a person specifically authorised to provide the report for the purposes of this regulation; and (b) must contain a declaration signed or executed by the person providing the report that he or she has taken reasonable steps to review the report in order to ensure the accuracy of the information contained in the report. (9) A licensee must promptly carry out any remedial action that is necessary or appropriate in view of a report under this regulation (and, in particular, must ensure that any identified risks are eliminated or reduced so far as is reasonably practicable). (10) Subject to subregulation (11), a copy of a report provided under this regulation may be made available to members of the public with the approval of the Minister (and the Minister must consult with the relevant licensee before giving an approval under this subregulation). (11) The Minister may, before giving an approval under subregulation (10), take steps to ensure that commercially sensitive information is not publicly disclosed (and the licensee must, if the Minister so requests, provide to the Minister for publication, a further copy of the report that does not contain any commercially sensitive information). (12) An appropriate note relating to the availability of a report under subregulation (10) must be included on the environmental register.