CTHRepealedLegislation
Offshore Petroleum and Greenhouse Gas Storage (Environment) Regulations 2009
4Definitions
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#### 4 Definitions
In these Regulations, unless the contrary intention appears:
> accepted offshore project proposal means an offshore project proposal that has been accepted by the Regulator under regulation 5D.
> Act means the Offshore Petroleum and Greenhouse Gas Storage Act 2006.
> activity means a petroleum activity or a greenhouse gas activity.
> control measure means a system, an item of equipment, a person or a procedure, that is used as a basis for managing environmental impacts and risks.
> environment means:
(a) ecosystems and their constituent parts, including people and communities; and
(b) natural and physical resources; and
(c) the qualities and characteristics of locations, places and areas; and
(d) the heritage value of places;
and includes
(e) the social, economic and cultural features of the matters mentioned in paragraphs (a), (b), (c) and (d).
> environmental impact means any change to the environment, whether adverse or beneficial, that wholly or partially results from an activity.
> environmental management system includes the responsibilities, practices, processes and resources used to manage the environmental aspects of an activity.
> environmental performance means the performance of a titleholder in relation to the environmental performance outcomes and standards mentioned in an environment plan.
> environmental performance outcome means a measurable level of performance required for the management of environmental aspects of an activity to ensure that environmental impacts and risks will be of an acceptable level.
> environmental performance standard means a statement of the performance required of a control measure.
> Environment Minister means the Minister administering section 1 of the EPBC Act.
> environment plan means the document known as an environment plan that is submitted to the Regulator under regulation 9.
> EPBC Act means the Environment Protection and Biodiversity Conservation Act 1999.
> facility includes a structure or installation of any kind.
> greenhouse gas activity means operations or works in an offshore area undertaken for the purpose of:
(a) exercising a right conferred on a greenhouse gas titleholder under the Act by a greenhouse gas title; or
(b) discharging an obligation imposed on a greenhouse gas titleholder by the Act or a legislative instrument under the Act.
> greenhouse gas title means any of the following:
(a) a greenhouse gas assessment permit;
(b) a greenhouse gas holding lease;
(c) a greenhouse gas injection licence;
(d) a greenhouse gas search authority;
(e) a greenhouse gas special authority;
(f) a greenhouse gas research consent.
> greenhouse gas titleholder means any of the following:
(a) a greenhouse gas assessment permittee;
(b) a greenhouse gas holding lessee;
(c) a greenhouse gas injection licensee;
(d) a registered holder of a greenhouse gas search authority;
(e) a registered holder of a greenhouse gas special authority;
(f) a holder of a greenhouse gas research consent.
> in force, in relation to an environment plan, including a revised environment plan, means that:
(a) the plan has been accepted; and
(b) the acceptance of the plan has not been withdrawn; and
(c) the operation of the plan has not ended.
> offshore project means one or more activities that are undertaken for the purpose of the recovery of petroleum, other than on an appraisal basis, including any conveyance of recovered petroleum by pipeline (whether or not the activity is undertaken for other purposes).
> Note: See Part 1A.
> offshore project proposal means the document known as an offshore project proposal that is submitted to the Regulator under regulation 5A or subregulation 5F(2).
> petroleum activity means operations or works in an offshore area undertaken for the purpose of:
(a) exercising a right conferred on a petroleum titleholder under the Act by a petroleum title; or
(b) discharging an obligation imposed on a petroleum titleholder by the Act or a legislative instrument under the Act.
> petroleum title means any of the following:
(a) a petroleum exploration permit;
(b) a petroleum retention lease;
(c) a petroleum production licence;
(d) a pipeline licence;
(e) an infrastructure licence;
(f) a petroleum access authority;
(g) a petroleum special prospecting authority;
(h) a petroleum scientific investigation consent.
> petroleum titleholder means any of the following:
(a) a petroleum exploration permittee;
(b) a petroleum retention lessee;
(c) a petroleum production licensee;
(d) a pipeline licensee;
(e) an infrastructure licensee;
(f) the registered holder of a petroleum access authority;
(g) the registered holder of a petroleum special prospecting authority;
(h) the holder of a petroleum scientific investigation consent.
> proponent means a person who submits an offshore project proposal to the Regulator.
> recordable incident, for an activity, means a breach of an environmental performance outcome or environmental performance standard, in the environment plan that applies to the activity, that is not a reportable incident.
> Regulator means NOPSEMA.
> relevant person has the meaning given by subregulation 11A(1).
> reportable incident, for an activity, means an incident relating to the activity that has caused, or has the potential to cause, moderate to significant environmental damage.
> revise, for an environment plan, includes extend or modify.
> seismic or exploratory drilling activity means a seismic survey (for any purpose) or drilling for any of the following purposes:
(a) exploring for petroleum;
(b) recovering petroleum on an appraisal basis;
(c) exploring for a potential greenhouse gas storage formation;
(d) exploring for a potential greenhouse gas injection site;
(e) injecting, on an appraisal basis, a greenhouse gas substance into a part of a geological formation;
(f) storing, on an appraisal basis, a greenhouse gas substance in a part of a geological formation;
(g) doing either of the following on an appraisal basis in connection with exploration for a potential greenhouse gas storage formation or a potential greenhouse gas injection site:
(i) injecting air, petroleum or water into a part of a geological formation;
(ii) storing air, petroleum or water in a part of a geological formation.
> seismic or exploratory drilling environment plan means an environment plan for a seismic or exploratory drilling activity (whether or not the plan is also for another activity).
> sensitive information in relation to an environment plan means:
(a) personal information (within the meaning of the Privacy Act 1988) about an individual that:
(i) is contained either in information given by a relevant person in consultation under regulation 11A in the course of preparing the plan or in comments described in subregulation 11B(2) in connection with the plan; and
(ii) is not merely a reference to published material of which the individual was an author; and
(iii) is not merely the name or contact details of an individual to whom that information or those comments were given; or
(b) information:
(i) that was given by a relevant person in consultation under regulation 11A in the course of preparing the plan or by a person in comments described in subregulation 11B(2) in connection with the plan; and
(ii) that the giver requested not be published.
> Note: Regulation 11A requires consultation of relevant persons in the course of preparing any environment plan. Subregulation 11B(2) describes comments made in accordance with an invitation for members of the public to comment on matters that must be included in a seismic or exploratory drilling environment plan.
> sensitive information part of an environment plan means a discrete part of the plan that contains only one or more of the following and is clearly indicated as containing only one or more of the following:
(a) sensitive information;
(b) a copy of the full text of any response by a relevant person in consultation under regulation 11A in the course of preparing the plan.
> the regulations means regulations (including these Regulations) made under the Act.
> titleholder means:
(a) a greenhouse gas titleholder; or
(b) a petroleum titleholder.