Offshore Petroleum and Greenhouse Gas Storage Regulations 2021

Chapter 1—Preliminary

1 Objective

The objective of these Regulations is to provide for the elimination and minimisation, so far as is practicable, of the environmental, health and safety hazards and risks involved in undertaking petroleum and greenhouse gas activities and, in particular, to make provision in relation to—

(a) the manner in which certain petroleum activities, greenhouse gas activities or greenhouse gas injection and storage activities are carried out in the offshore area; and

(b) the manner in which certain facilities are designed, constructed, installed, operated, modified and decommissioned in the offshore area; and

(c) to ensure that operations in the offshore area are carried out in accordance with good oilfield practice and are compatible with optimum long-term recovery of petroleum; and

(d) to prescribe requirements for various administrative activities, fees and other matters.

2 Authorising provision

These Regulations are made under section 794 of the Offshore Petroleum and Greenhouse Gas Storage Act 2010.

3 Commencement

These Regulations come into operation on 12 December 2021.

3A Revocations

The following Regulations are revoked—

(a) the Offshore Petroleum and Greenhouse Gas Storage Regulations 2011[1];

(b) the Offshore Petroleum and Greenhouse Gas Storage Amendment Regulations 2012[2];

(c) the Offshore Petroleum and Greenhouse Gas Storage Amendment (NOPSEMA) Regulations 2012[3];

(d) the Offshore Petroleum and Greenhouse Gas Storage Amendment Regulations 2016[4].

4 Definitions

In these Regulations—

risk means the likelihood of a specific undesired event occurring within a specific period or in specified circumstances and with specified consequences;

A risk may be understood as a frequency (the number of specified events occurring within a period) or a probability (the likelihood of a specific event following another event).

the Act means the Offshore Petroleum and Greenhouse Gas Storage Act 2010;

vary, in relation to an environmental plan or a safety case, includes extend or modify.

Other words and expressions used in these Regulations have the meanings given by the Act (for example, offshore area) or in other Chapters of these Regulations.

Chapter 2—Environment

Part 2.1—Preliminary

5 Objects of this Chapter

The objects of this Chapter are to ensure that any petroleum activity or greenhouse gas activity carried out in the offshore area is—

(a) carried out in a manner consistent with the principles of ecologically sustainable development; and

(b) carried out in a manner by which the environmental impacts and risks of the activity will be reduced to as low as reasonably practicable; and

(c) carried out in a manner by which the environmental impacts and risks of the activity will be of an acceptable level.

6 Definitions

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 means the system used by a titleholder to establish and implement its environmental policy and manage the environmental aspects of an activity, and includes organisational structure, planning activities, responsibilities, practices, procedures, processes and resources;

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 plan means the document known as an environment plan that is submitted to the Minister under regulation 11;

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;

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—

(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;

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;

reportable incident, in relation to an activity, means an incident relating to the activity, whether or not described in an environment plan in force for the activity, that has caused, or has the potential to cause—

(a) moderate to catastrophic environmental consequences; and

(b) a breach of, or non-compliance with—

(i) the Act; or

(ii) this Chapter; or

(iii) the environmental performance outcomes set out in an environment plan in force for the activity;

(a) a greenhouse gas titleholder; or

(b) a petroleum titleholder.

7 References to an activity

A reference in this Chapter to an activity includes, where the context permits, a reference to—

(a) a proposed activity; and

(b) any stage of an activity.

Part 2.2—Environment plans

Division 1—Requirement for an environment plan

8 Accepted environment plan required for an activity

(1) A titleholder must not undertake an activity if there is no environment plan in force for that activity.

(2) This regulation does not affect any other requirement under these Regulations for a consent to construct or install, or a consent to use, a facility.

9 Operations must comply with the accepted environment plan

(1) A titleholder must not undertake an activity in a way that is contrary to—

(a) the accepted environment plan in force for the activity; or

(b) any limitation or condition applying to operations for the activity under this Chapter.

(2) Subregulation (1) does not apply to a titleholder who undertakes an activity in a manner contrary to the environment plan if the titleholder is acting in accordance with the consent in writing of the Minister to undertake the activity in that manner.

(3) The Minister must not give a consent under subregulation (2) unless there are reasonable grounds for believing that the way in which the activity is to be carried out will not result in the occurrence of any significant new environmental impact or risk, or significant increase in any existing environmental impact or risk.

10 Operations must not continue if new or increased environmental risk identified

(1) A titleholder must not undertake an activity after the occurrence of any significant new environmental impact or risk, or any significant increase in an existing environmental impact or risk, arising from the activity if the environment plan in force for the activity does not provide for—

(a) the new impact or risk; or

(b) the increase in the impact or risk.

(3) Subregulation (1) does not apply to the titleholder in relation to an activity if the titleholder submits a proposed variation of the environment plan in accordance with regulation 20 and the Minister has not refused to accept the variation.

Division 2—Acceptance of an environment plan

11 Submission of an environment plan

(1) Before commencing an activity, a titleholder must submit an environment plan for the activity to the Minister.

(2) An applicant for a petroleum access authority, petroleum special prospecting authority, pipeline licence, greenhouse gas search authority or greenhouse gas special authority—

(a) may submit an environment plan for an activity under the authority or licence to the Minister; and

(b) is taken to be a titleholder for the purposes of this Division and Division 3.

12 Form of environment plan

(1) An environment plan must be in writing.

(2) An environment plan may, if the Minister approves, relate to—

(a) one or more stages of an activity; or

(b) a specified activity in one or more identified locations specified in the plan; or

(c) more than one activity; or

(d) an activity or activities to be undertaken under 2 or more titles held by different titleholders.

13 Publication of information about environment plan

If an environment plan is submitted to the Minister, the Minister must, as soon as practicable, publicly disclose—

(a) the name of the titleholder; and

(b) a description of the activity or stage of the activity to which the environment plan relates; and

(c) the location of the activity; and

(d) details of the titleholder's nominated liaison person for the activity; and

(e) the decision (if any) made by the Minister in relation to the environment plan.

13A Withdrawal of submitted environment plan

(1) A titleholder may, by notice in writing to the Minister, withdraw a submitted environment plan at any time before the Minister has made a decision to accept or refuse to accept the plan.

(2) If an environment plan is withdrawn, the Minister must publicly disclose the withdrawal.

13B Further information

(1) If a titleholder submits an environment plan, the Minister may request the titleholder to provide further written information about any matter required by these Regulations to be included in an environment plan.

(2) The request under subregulation (1) must—

(c) specify a reasonable period within which the information is to be provided.

(3) If a titleholder receives a request, and provides information requested by the Minister within the period specified or within a longer period agreed to by the Minister—

(a) the information becomes part of the environment plan; and

(b) the Minister must have regard to the information as if it had been included in the submitted environment plan.

13C Making decision on submitted environment plan

(1) Within 30 days after a titleholder submits an environment plan—

(a) if the Minister is reasonably satisfied that the environment plan meets the criteria set out in regulation 13D, the Minister must accept the plan; or

(b) if the Minister is not reasonably satisfied that the environment plan meets the criteria set out in regulation 13D, the Minister must give the titleholder notice in writing under subregulation (2); or

(c) if the Minister is unable to make a decision on the environment plan within the 30 day period, the Minister must give the titleholder notice in writing and set out a proposed timetable for consideration of the plan.

(2) A notice to a titleholder under this regulation must—

(a) state that the Minister is not reasonably satisfied that the environment plan submitted by the titleholder meets the criteria set out in regulation 13D; and

(b) identify the criteria set out in regulation 13D about which the Minister is not reasonably satisfied; and

(c) set a date by which the titleholder may resubmit the plan.

(3) The date referred to in subregulation (2)(c) must give the titleholder a reasonable opportunity to modify and resubmit the plan.

(4) Within 30 days after the titleholder has resubmitted the modified plan—

(a) if the Minister is reasonably satisfied that the environment plan meets the criteria set out in regulation 13D, the Minister must accept the plan; or

(b) if the Minister is still not reasonably satisfied that the environment plan meets the criteria set out in regulation 13D, the Minister must—

(i) give the titleholder a further notice under subregulation (2); or

(ii) refuse to accept the plan; or

(iii) act under subregulation (6); or

(c) if the Minister is unable to make a decision on the environment plan within the 30 day period, the Minister must give the titleholder notice in writing and set out a proposed timetable for consideration of the plan.

(5) If the titleholder does not resubmit the plan by the date referred to in subregulation (2)(c), or a later date agreed to by the Minister, the Minister must—

(a) refuse to accept the plan; or

(b) act under subregulation (6).

(6) For the purposes of subregulation (4)(b)(iii) and (5)(b), the Minister may do either or both of the following—

(a) accept the plan in part for a particular stage of the activity;

(b) accept the plan subject to limitations or conditions applying to operations for the activity.

(7) A decision by the Minister to accept, or refuse to accept, an environment plan is not invalid only because the Minister did not comply with the 30 day period in subregulation (1) or (4).

13D Criteria for acceptance of environment plan

The criteria for acceptance of an environment plan under regulation 13C are that the plan—

(a) is appropriate for the nature and scale of the activity; and

(b) demonstrates that the environmental impacts and risks of the activity will be reduced to as low as reasonably practicable; and

(c) demonstrates that the environmental impacts and risks of the activity will be of an acceptable level; and

(d) provides for appropriate environmental performance outcomes, environmental performance standards and measurement criteria; and

(e) includes an appropriate implementation strategy and monitoring, recording and reporting arrangements; and

(f) demonstrates that—

(i) the titleholder has carried out the consultation required by regulation 13F; and

(ii) the measures (if any) that the titleholder has adopted, or proposes to adopt, because of the consultation are appropriate; and

(g) complies with the Act and these Regulations.

13E Notice of decision on environment plan and submission of summary

(1) The Minister must give the titleholder notice in writing of a decision by the Minister to—

(a) accept the environment plan; or

(b) refuse to accept the plan; or

(c) accept the plan in part for a particular stage of the activity, or subject to limitations or conditions.

(2) A notice of a decision mentioned in subregulation (1)(b) or (c) must set out—

(a) the terms of the decision and the reasons for it; and

(b) any limitations or conditions that are to apply to operations for the activity.

(3) Within 10 days after receiving notice that the Minister has accepted an environment plan (whether in full, in part or subject to limitations or conditions), the titleholder must submit a summary of the accepted plan to the Minister for public disclosure.

(4) The summary—

(a) must include the following material from the environment plan—

(i) the location of the activity;

(ii) a description of the receiving environment;

(iii) a description of the activity;

(iv) details of environmental impacts and risks;

(v) a summary of the control measures for the activity;

(vi) a summary of the arrangements for ongoing monitoring of the titleholder's environmental performance;

(vii) a summary of environmental emergency response arrangements;

(viii) details of consultation already undertaken, and plans for ongoing consultation;

(ix) details of the titleholder's nominated liaison person for the activity; and

(b) must be to the satisfaction of the Minister.

13F Consultation with relevant authorities, persons and organisations, etc.

(1) In the course of preparing an environment plan, or a variation of an environment plan, a titleholder must consult each of the following—

(a) any authority or entity of the State to which the activities to be carried out under the environment plan, or the variation of the environment plan, may be relevant;

(b) a person or organisation whose functions, interests or activities may be affected by the activities to be carried out under the environment plan, or the variation of the environment plan;

(c) any other person or organisation that the titleholder considers relevant.

(2) For the purpose of the consultation, the titleholder must give each of those consulted sufficient information to allow them to make an informed assessment of the possible consequences of the activity on their functions, interests or activities.

(3) The titleholder must allow a reasonable period for the consultation.

Division 3—Contents of an environment plan

14 Contents of an environment plan

An environment plan for an activity must include the matters set out in regulations 15, 16, 17, 18 and 19.

15 Environmental assessment

(1) The environment plan must contain a comprehensive description of the activity including the following—

(a) the location or locations of the activity;

(b) general details of the construction and layout of any facility or other structure;

(c) an outline of the operational details of the activity (for example, seismic surveys, exploration drilling or production) and proposed timetables;

(d) any additional information relevant to consideration of environmental impacts and risks of the activity.

(2) The environment plan must—

(a) describe the environment that may be affected by the activity; and

(b) include details of the particular relevant values and sensitivities (if any) of that environment.

(3) The environment plan must—

(a) describe the requirements, including legislative requirements, that apply to the activity and are relevant to the environmental management of the activity; and

(b) demonstrate how those requirements will be met; and

(c) include details of the environmental impacts and risks for the activity; and

(d) include an evaluation of all the impacts and risks appropriate to the nature and scale of each impact or risk; and

(e) specify details of the control measures that will be used to reduce the impacts and risks of the activity to as low as reasonably practicable and an acceptable level.

(4) To avoid doubt, the evaluation mentioned in subregulation (3)(d) must evaluate all the significant impacts and risks arising directly or indirectly from—

(a) all operations of the activity; and

(b) potential emergency conditions, whether resulting from accident or any other reason.

(5) The environment plan must—

(a) set environmental performance standards for the control measures identified under subregulation (3)(e); and

(b) set out the environmental performance outcomes against which the performance of the titleholder in protecting the environment is to be measured; and

(c) include measurement criteria that the titleholder will use to determine whether each environmental performance outcome and environmental performance standard is being met.

16 Implementation strategy for the environment plan

(1) The environment plan must contain an implementation strategy for the activity in accordance with this regulation.

(2) The implementation strategy must—

(a) state when the titleholder will report to the Minister in relation to the titleholder's environmental performance for the activity; and

(b) provide that the interval between reports will not be more than one year.

Regulation 31A requires a titleholder to report on environmental performance in accordance with the timetable set out in the environment plan.

(3) The implementation strategy must contain a description of the environmental management system for the activity, including specific measures to be used to ensure that, for the duration of the activity—

(a) the environmental impacts and risks of the activity continue to be identified and reduced to a level that is as low as reasonably practicable; and

(b) control measures detailed in the environment plan are effective in reducing the environmental impacts and risks of the activity to as low as reasonably practicable and an acceptable level; and

(c) environmental performance outcomes and standards set out in the environment plan are being met.

(4) The implementation strategy must establish a clear chain of command, setting out the roles and responsibilities of personnel in relation to the implementation, management and review of the environment plan, including during emergencies or potential emergencies.

(5) The implementation strategy must include measures to ensure that each employee or contractor working on, or in connection with, the activity is aware of their responsibilities in relation to the environment plan, including during emergencies or potential emergencies, and has the appropriate competencies and training.

(6) The implementation strategy must provide for sufficient monitoring, recording, audit, management of non-conformance and review of the titleholder's environmental performance and the implementation strategy to ensure that the environmental performance outcomes and standards in the environment plan are being met.

(7) The implementation strategy must provide for sufficient monitoring of, and maintaining a quantitative record of, emissions and discharges (whether occurring during normal operations or otherwise), such that the record can be used to assess whether the environmental performance outcomes and standards in the environment plan are being met.

(8) The implementation strategy must provide for appropriate ongoing consultation with—

(a) relevant authorities or entities of the State; and

(b) other relevant interested persons or organisations.

(9) The implementation strategy must comply with the Act, these Regulations and any other environmental legislation applying to the activity.

17 Environmental emergency response manual

(1) The implementation strategy mentioned in regulation 16 must include the maintenance of an environmental emergency response manual in accordance with this regulation.

(2) The environmental emergency response manual must—

(a) be kept up to date; and

(b) include emergency response arrangements.

(3) The response arrangements in the environmental emergency response manual must be tested—

(a) when they are introduced; and

(b) when they are significantly amended; and

(c) not later than 12 months after the most recent test; and

(d) for a new location for the activity that is added to the environment plan after the response arrangements have been tested and before the next test is conducted—when the location is added to the plan; and

(e) for a facility or other structure that becomes operational after the response arrangements have been tested and before the next test is conducted—when the facility or structure becomes operational.

18 Details of titleholder and liaison person

(1) The environment plan must include the following details of the titleholder—

(a) name;

(b) business address;

(c) telephone number (if any);

(d) fax number (if any);

(e) email address (if any);

(f) if the titleholder is a body corporate that has an ACN (within the meaning of the Corporations Act)—ACN.

(2) The environment plan must also include the following details of the titleholder's nominated liaison person—

(a) name;

(b) business address;

(c) telephone number (if any);

(d) fax number (if any);

(e) email address (if any).

(3) The environment plan must include arrangements for notifying the Minister of a change in the titleholder's nominated liaison person or a change in the contact details for either the titleholder or the liaison person.

19 Other information in the environment plan

The environment plan must contain the following—

(a) a statement of the titleholder's corporate environmental policy;

(b) a report on all consultations between the titleholder and relevant authorities, interested persons and organisations in the course of developing the environment plan;

(c) details of all reportable incidents in relation to the proposed activity.

Division 4—Variation of an environment plan

20 Variation because of a change, or proposed change, of circumstances or operations

(1) A titleholder may, with the Minister's approval, submit to the Minister a proposed variation of an environment plan before the commencement of a new activity.

(2) A titleholder must submit to the Minister a proposed variation of the environment plan for an activity before the commencement of any significant modification or new stage of the activity that is not provided for in the environment plan as currently in force.

(3) A titleholder must submit a proposed variation of the environment plan for an activity before, or as soon as practicable after—

(a) the occurrence of any significant new environmental impact or risk, or significant increase in an existing environmental impact or risk, not provided for in the environment plan in force for the activity; or

(b) the occurrence of a series of new environmental impacts or risks, or a series of increases in existing environmental impacts or risks, which, taken together, amount to the occurrence of—

(i) a significant new environmental impact or risk; or

(ii) a significant increase in an existing environmental impact or risk—

that is not provided for in the environment plan in force for the activity.

(4) If a change in the titleholder will result in a change in the manner in which the environmental impacts and risks of an activity are managed, the new titleholder must submit a proposed variation of the environment plan for the activity as soon as practicable.

21 Variation on request by the Minister

(1) A titleholder must submit to the Minister a proposed variation of the environment plan for an activity if the Minister requests the titleholder to do so.

(2) A request by the Minister must be in writing and set out the following—

(a) the matters to be addressed by the variation;

(b) the proposed date of effect of the variation;

(c) the grounds for the request.

(3) The titleholder may make a submission in writing to the Minister stating the titleholder's reasons for one or more of the following matters—

(a) why the variation should not occur;

(b) why the variation should be in different terms from the terms of the proposed variation;

(c) why the variation should take effect on a date later than the proposed date.

(4) A submission by the titleholder must be made within 21 days after receiving the request, or within any longer period that the Minister in writing allows.

(5) If the Minister agrees, the titleholder may submit a proposed variation in the form of a variation of a part of the accepted environment plan in force for the activity.

(6) If a submission complies with subregulations (3), (4) and (5), the Minister must—

(a) decide whether to accept one or more of the reasons stated in the submission; and

(b) give the titleholder notice in writing of the decision; and

(c) to the extent (if any) that the Minister accepts the reasons, give the titleholder notice in writing that varies or withdraws the request in accordance with the decision; and

(d) to the extent (if any) that the Minister does not accept the reasons, give the titleholder notice in writing of the grounds for not accepting them.

(7) A titleholder must comply with a request made by the Minister under this regulation and not withdrawn, or with a request as varied under this regulation, as soon as practicable.

22 Variation at the end of each 5 years

(1) A titleholder must submit to the Minister a proposed variation of the environment plan for an activity at least 14 days before the end of each period of 5 years, commencing on the latest of the following—

(a) the day on which the environment plan is first accepted under regulation 13C by the Minister;

(b) the day on which a varied environment plan submitted under this regulation is accepted under regulation 13C by the Minister;

(c) in relation to a variation of an environment plan submitted under regulation 20 or 21, the day (if any) notified by the Minister under subregulation (2).

(2) For the purposes of subregulation (1)(c), the Minister may notify the titleholder that the effect of a variation of an environment plan submitted under regulation 20 or 21 is that the period of 5 years mentioned in subregulation (1) starts on the date specified in the notification.

23 Form of proposed variation

A proposed variation of an environment plan must be in the form of a varied environment plan or, if the titleholder and the Minister so agree, a varied part of the environment plan.

23A Publication of information about proposed variation

If a proposed variation of an environment plan is submitted to the Minister, the Minister must, as soon as practicable, publicly disclose—

(a) the name of the titleholder; and

(b) a description of the activity or stage of the activity to which the revised environment plan or revised part relates; and

(c) the reason for the variation; and

(d) the location of the activity; and

(e) details of the titleholder's nominated liaison person for the activity; and

(f) the decision (if any) made by the Minister in relation to the revised environment plan or revised part.

24 Acceptance of a varied environment plan

Regulations 12, 13C, 13D and 13E apply to a proposed variation of an environment plan as if—

(a) a reference in those regulations to the submission, acceptance or non-acceptance of the environment plan were a reference to the submission, acceptance or non‑acceptance of the proposed variation; and

(b) any other reference in those regulations to the environment plan were a reference to the plan as varied by the proposed variation.

These regulations deal with the consideration and acceptance of an environment plan.

25 Effect of non-acceptance of proposed variation

If a proposed variation of an environment plan is not accepted, the provisions of the environment plan in force for the activity existing immediately before the proposed variation was submitted remain in force, subject to the Act and this Chapter (in particular, the provisions of Division 5), as if the variation had not been proposed.

Division 5—Withdrawal of acceptance of an environment plan

26 Withdrawal of acceptance of environment plan

(1) The Minister, by notice in writing to the titleholder for an activity, may withdraw the acceptance of the environment plan in force for the activity on any ground set out in subregulation (2).

(2) For the purposes of subregulation (1), the grounds are that—

(a) the titleholder has not complied with—

(i) a provision of the Act relating to environmental requirements; or

(ii) a direction given by the Minister under section 623 of the Act; or

(b) the titleholder has not complied with regulation 9, 10, 20, 21 or 22; or

(c) the Minister has refused to accept a proposed variation of the environment plan; or

(d) the Minister is not reasonably satisfied, after 2 or more requests for modification of a report on environmental performance under regulation 31A, that the titleholder has given the Minister sufficient information to enable the Minister to determine whether the environmental performance outcomes and standards in the environment plan have been met.

(3) A notice under subregulation (1) must set out the reasons for the decision.

27 Steps to be taken before withdrawal of acceptance

(1) Before withdrawing the acceptance of an environment plan in force for an activity the Minister must comply with subregulations (2), (4) and (5).

(2) The Minister must give the titleholder at least 30 days notice in writing of the Minister's intention to withdraw acceptance of the plan.

(3) The Minister may give a copy of the notice to such other persons (if any) as the Minister thinks fit.

(4) The Minister must specify in the notice a date (the specified date) on or before which the titleholder (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.

(5) The Minister must take into account—

(a) any action taken by the titleholder to remove the ground for withdrawal of acceptance, or to prevent the recurrence of that ground; and

(b) any matter submitted to the Minister before the specified date by the titleholder or a person to whom a copy of the notice has been given.

28 Withdrawal of acceptance not affected by other provisions

(1) The Minister may withdraw the acceptance of an environment plan in force for an activity on the ground that the titleholder has not complied with a provision of the Act, or of a regulation mentioned in regulation 26(2)(b), even though the titleholder has been convicted of an offence by reason of the failure to comply with that provision.

(2) If the Minister withdraws the acceptance of an environment plan on the ground that the titleholder has not complied with a provision of the Act, or of a regulation mentioned in regulation 26(2)(b), the titleholder may be convicted of an offence by reason of the failure to comply with the provision even though the acceptance of the environment plan has been withdrawn.

28A Environment plan ends when titleholder notifies completion

The operation of an environment plan ends when—

(a) the titleholder notifies the Minister that—

(i) the activity or activities to which the plan relates have ended; and

(ii) all of the obligations under the environment plan have been completed; and

(b) the Minister accepts the notification.

Part 2.3—Incidents, reports and records

29 Notifying reportable incidents

(1) A titleholder who undertakes an activity must, if there is a reportable incident, notify the reportable incident in accordance with subregulation (3).

(3) A notification under subregulation (1)—

(b) must be given as soon as practicable, and in any case not later than 2 hours after—

(i) the first occurrence of the reportable incident; or

(ii) if the reportable incident was not detected by the titleholder at the time of the first occurrence—the time the titleholder becomes aware of the reportable incident; and

(c) must be oral; and

(d) must contain—

(i) all material facts and circumstances concerning the reportable incident that the titleholder knows or is able, by reasonable search or enquiry, to find out; and

(iii) the corrective action that has been taken, or is proposed to be taken, to stop, control or remedy the reportable incident.

(4) As soon as practicable after the titleholder notifies a reportable incident, the titleholder must give a written record of the notification to the Minister.

(5) The titleholder is not required to include in the record anything that was not included in the notification.

30 Written report of reportable incidents

(1) A titleholder who undertakes an activity must, if there is a reportable incident, submit a written report of the reportable incident in accordance with subregulation (3).

(3) A written report under subregulation (1)—

(b) must be given as soon as practicable, and in any case—

(i) not later than 3 days after the first occurrence of the reportable incident; or

(ii) if the Minister specifies, within 3 days after the first occurrence of the reportable incident, another period within which the report must be provided—within that period; and

(c) must contain—

(i) all material facts and circumstances concerning the reportable incident that the titleholder knows or is able, by reasonable search or enquiry, to find out; and

(iii) the corrective action that has been taken, or is proposed to be taken, to stop, control or remedy the reportable incident; and

(iv) the action that has been taken, or is proposed to be taken, to prevent a similar incident occurring in the future.

30A Additional written reports if requested

(1) This regulation applies if a titleholder notifies a reportable incident in accordance with regulation 29.

(2) The Minister may, by notice in writing, require the titleholder to submit one or more written reports of the reportable incident after the written report required under regulation 30.

(3) The notice must—

(a) identify the information to be contained in a report or the matters to be addressed; and

(b) specify when the report must be given to the Minister.

(4) The date or time specified for giving the report must give the titleholder a reasonable time for preparing the report.

(5) A titleholder must submit a written report of a reportable incident in accordance with a notice given by the Minister to the titleholder under this regulation.

(6) Subregulation (5) does not apply if the titleholder has a reasonable excuse.

31 Reporting recordable incidents

(1) A titleholder who undertakes an activity must, if there is a recordable incident, submit a written report of the recordable incident in accordance with this regulation.

(3) A written report under subregulation (1)—

(b) must relate to a calendar month; and

(c) must be given as soon as practicable after the end of the calendar month, and in any case not later than 15 days after the end of the calendar month; and

(d) must contain—

(i) a record of all recordable incidents that occurred during the calendar month; and

(ii) all material facts and circumstances concerning the recordable incidents that the titleholder knows or is able, by reasonable search or enquiry, to find out; and

(iii) any action taken to avoid or mitigate any adverse environment impacts of the recordable incidents; and

(iv) the corrective action that has been taken, or is proposed to be taken, to stop, control or remedy the recordable incident; and

(v) the action that has been taken, or is proposed to be taken, to prevent a similar incident occurring in the future.

31A Reporting environmental performance

(1) A titleholder undertaking an activity must submit a report to the Minister in relation to the titleholder's environmental performance for the activity, at the intervals provided for in the environment plan.

Regulation 16(2) requires an environment plan to state when the titleholder will submit reports.

(2) If the Minister is not reasonably satisfied that a report is sufficient to enable the Minister to determine whether the environmental performance outcomes and standards in the environment plan have been met, the Minister may ask the titleholder to modify the report.

(3) The request must—

(b) identify the reasons why the Minister is not reasonably satisfied with the report.

If the Minister is still not reasonably satisfied after 2 or more requests for a modified report, this is a ground for the Minister to withdraw acceptance of the environment plan—see regulation 26(2)(d).

32 Storage of records

(1) A titleholder must store the environment plan in force for an activity in a way that makes retrieval of the environment plan reasonably practicable.

(2) A titleholder must store a version of an environment plan for an activity that was previously in force in a way that makes retrieval of the version reasonably practicable.

(3) Subregulation (2) does not apply if it is more than 5 years after the day on which the version of the environment plan ceased to be in force (whether because the plan was revised, acceptance of the plan was withdrawn, or the operation of the plan ended).

(4) A titleholder who creates a document or other record specified in subregulation (6) must store the document or record in a way that makes retrieval of the document or record reasonably practicable.

(5) Subregulation (4) does not apply if it is more than 5 years after the day on which the document or record was created.

(6) For the purpose of subregulation (4), the documents or other records are—

(a) written reports (including monitoring, audit and review reports) about environmental performance, or about the implementation strategy, under an environment plan; and

(b) records relating to environmental performance, or the implementation strategy, under an environment plan; and

(c) records of emissions and discharges into the environment made in accordance with an environment plan; and

(d) records of calibration and maintenance of monitoring devices used in accordance with an environment plan; and

(e) records and copies of notifications or reports mentioned in—

(i) regulations 29, 30 and 30A, relating to reportable incidents; and

(ii) regulation 31, relating to recordable incidents; and

(iii) regulation 31A, relating to the titleholder's environmental performance for an activity.

33 Making records available

(1) A titleholder must make available, in accordance with this regulation, copies of the records specified in regulation 32.

(2) The titleholder must make copies of the records available to any of the following persons, on request in writing by the person—

(a) the Minister;

(b) a delegate, under section 792 of the Act, of the Minister;

(c) a greenhouse gas project inspector or a petroleum project inspector.

(3) If the person making the request states that copies of the records be made available to an agent of the person, the titleholder must make the copies available to the agent.

(4) However, if the titleholder—

(a) requests a person who is a delegate of the Minister to produce written evidence of the delegation; or

(b) requests a person who is a greenhouse gas project inspector or a petroleum project inspector to produce written evidence of the person's appointment as a greenhouse gas project inspector or a petroleum project inspector; or

(c) requests a person who is an agent to produce written evidence of the person's appointment as an agent—

the titleholder is not required to make the records available unless the person produces the evidence to the titleholder.

(5) The copies of the records must be made available—

(a) in the case of an emergency relating to the activity—as soon as possible at any time of the day or night on any day during an emergency; or

(b) in any other case—during normal business hours on any day at the place where the records are kept, other than a Saturday, a Sunday, or a public holiday appointed under the Public Holidays Act 1993.

(6) The copies of the records must be made available at the place where the records are kept or, if agreed between the titleholder and the person making the request (or the person's agent), at any other place (including by means of electronic transmission to the person or agent at that place).

(7) If the records are stored on a computer, the records must be made available in printout form or, if the titleholder and the Minister so agree, in electronic form.

Part 2.4—Miscellaneous

34 Notifying start and end of activity

(1) A titleholder must notify the Minister that an activity is to commence at least 10 days before the activity commences.

(2) A titleholder must notify the Minister that an activity is completed within 10 days after the completion.

35 Titleholder may refer to information previously given

(1) A titleholder who, under these Regulations, is required to give the Minister information, or include information in a document, may refer to the information instead of giving it to the Minister or including it in the document if the information to be given or included is the same information given previously to the Minister for another purpose under the Act or the Regulations.

(2) Subregulation (1) does not apply if the Minister advises the titleholder that the information is no longer available to the Minister.

(3) If the Minister has power to assess whether information is sufficient or adequate for a purpose, the Minister is not required to accept that information is sufficient or adequate for a purpose different from the one for which it was originally given.

Chapter 3—Safety

Part 3.1—Preliminary

40 Objects of this Chapter

(1) An object of this Chapter is to ensure that facilities are designed, constructed, installed, operated, modified and decommissioned in the offshore area only in accordance with safety cases that have been accepted by NOPSEMA.

(2) An object of this Chapter is to ensure that safety cases for facilities make provision for the following matters in relation to the health and safety of persons at or near the facilities—

(a) the identification of hazards and the assessment of risks;

(b) the implementation of measures to eliminate the hazards, or otherwise control the risks;

(c) a comprehensive and integrated system for management of the hazards and risks;

(d) monitoring, audit, review and continuous improvement.

(3) An object of this Chapter is to ensure that the risks to the health and safety of persons at facilities are reduced to a level that is as low as reasonably practicable.

(4) An object of this Chapter is to ensure that diving to which the Act relates is carried out in the offshore area only in accordance with diving safety management systems that have been accepted by NOPSEMA.

(5) An object of this Chapter is to ensure that diving safety management systems make provision for the following matters in relation to the health and safety of persons—

(a) the identification of hazards and assessment of risks;

(b) the implementation of measures to eliminate the hazards, or otherwise control the risks;

(c) a comprehensive and integrated system for management of the hazards and risks;

(d) monitoring, audit, review and continuous improvement.

(6) An object of this Chapter is to ensure that the risks to the health and safety of persons who carry out diving to which the Act relates are reduced to a level that is as low as reasonably practicable.

41 Definitions

accepted DSMS means a DSMS that has been accepted by NOPSEMA under regulation 132 or 133;

ADAS means the Australian Diver Accreditation Scheme administered by the Board of the Australian Diver Accreditation Scheme;

Adopted National Exposure Standards for Atmospheric Contaminants in the Occupational Environment means the Adopted National Exposure Standards for Atmospheric Contaminants in the Occupational Environment [NOHSC:1003(1995)], published by the National Occupational Health and Safety Commission in 1995, as amended in April 1997;

Approved Criteria for Classifying Hazardous Substances means the Approved Criteria for Classifying Hazardous Substances [NOHSC:1008(2004)], 3rd Edition, published by the National Occupational Health and Safety Commission in October 2004;

AS/NZS 2299.1:2015 means AS/NZS 2299.1:2015, Occupational diving operations, Part 1: Standard operational practice, as amended from time to time;

confined space means an enclosed, or partially enclosed, space that—

(a) is not used or intended for use as a regular workplace; and

(b) has restricted means of entry and exit; and

(c) has, or may have, inadequate ventilation, contaminated atmosphere or oxygen deficiency; and

(d) is at atmospheric pressure when occupied;

contractor has the meaning given by clause 3 of Schedule 3 to the Act;

controlled substance means a substance listed in—

(a) Schedule 8 to the Customs (Prohibited Exports) Regulations 1958 of the Commonwealth; or

(b) Schedule 4 to the Customs (Prohibited Imports) Regulations 1956 of the Commonwealth;

dangerous occurrence has the meaning given by regulation 85(2);

designated work group has the meaning given by clause 3 of Schedule 3 to the Act;

diving has the meaning given by regulation 128;

diving contractor means a person who enters into a contract to conduct a diving project;

diving operation means an offshore petroleum operation or greenhouse gas storage operation consisting of one or more dives;

diving project means an activity consisting of one or more diving operations;

DSMS means a diving safety management system;

election means an election for a health and safety representative or a deputy health and safety representative under clause 32 of Schedule 3 to the Act;

emergency, 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;

employer has the meaning given by clause 3 of Schedule 3 to the Act;

facility has the meaning given by clause 3 of Schedule 3 to the Act;

facility owner includes an owner, a charterer or a lessee of a facility or a proposed facility;

health and safety representative means a person selected as a health and safety representative for a designated work group under clause 31 of Schedule 3 to the Act;

in force, in relation to a safety case, including a varied safety case, means that—

(a) the safety case has been accepted by NOPSEMA in relation to a facility; and

(b) the acceptance of the safety case has not been withdrawn;

intoxicant means a beverage or other substance for human consumption (other than a substance for medical or pharmaceutical use) that contains alcohol;

List of Designated Hazardous Substances means the List of Designated Hazardous Substances [NOHSC:10005(1999)], 2nd edition, published by the National Occupational Health and Safety Commission in April 1999;

major 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;

manned 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;

member of the workforce has the meaning given by clause 3 of Schedule 3 to the Act;

National Code of Practice for Noise Management and Protection of Hearing at Work means the National Code of Practice for Noise Management and Protection of Hearing at Work [NOHSC: 2009(2004)], 3rd Edition, published by the National Occupational Health and Safety Commission in June 2004;

National Model Regulations for the Control of Workplace Hazardous Substances means the National Model Regulations for the Control of Workplace Hazardous Substances [NOHSC:1005(1994)], published by the National Occupational Health and Safety Commission in 1994, as amended in November 2001;

National Standard for Occupational Noise means the National Standard for Occupational Noise [NOHSC: 1007(2000)], 2nd Edition, published by the National Occupational Health and Safety Commission in July 2000;

offshore greenhouse gas storage operations has the meaning given by section 703 of the Act;

offshore petroleum operations has the meaning given by section 703 of the Act;

operator has the meaning given by clause 3 of Schedule 3 to the Act;

performance 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;

pipe—

(a) means a pipe for the purpose of conveying petroleum or a greenhouse gas substance; and

(b) includes—

(i) a petroleum or greenhouse gas pipeline; and

(ii) a secondary line;

registered nurse means a person registered under the Health Practitioner Regulation National Law—

(a) to practise in the nursing and midwifery profession (other than as a midwife or student); and

(b) in the registered nurses division for that profession;

registered pharmacist means a person registered under the Health Practitioner Regulation National Law to practise in the pharmacy profession (other than as a student);

returning officer means a person appointed as a returning officer under regulation 102;

safety case means the document known as a safety case that is submitted to NOPSEMA under Division 2 of Part 3.2;

safety management system, for a facility, means a system for managing occupational health and safety at the facility;

stage in the life of the facility means any of the following—

(a) construction of the facility;

(b) installation of the facility;

(c) operation of the facility;

(d) modification of the facility;

(e) decommissioning of the facility;

therapeutic drug means a drug that—

(a) may be prescribed by a registered medical practitioner under a law of a State or Territory; or

(b) may be sold under that law, without a prescription prepared by a registered medical practitioner;

(a) a greenhouse gas assessment permittee; or

(b) a greenhouse gas holding lessee; or

(c) a greenhouse gas injection licensee; or

(d) an infrastructure licensee; or

(e) a petroleum exploration permittee; or

(f) a petroleum production licensee; or

(g) a petroleum retention lessee; or

(h) a pipeline licensee;

validation means a validation under regulation 84;

voter means a person who is eligible to vote in an election under the Act;

work has the meaning given by clause 3 of Schedule 3 to the Act;

workplace has the meaning given by clause 3 of Schedule 3 to the Act.

42 Vessels and structures that are not facilities

For the purposes of clause 8(d) of Schedule 3 to the Act, the vessels and structures in the following Table are not facilities.

| Item | Vessel or structure | | 1 | Vessel supporting a remotely‑operated vehicle that is being used in connection with—<br> (a) inspection; or<br> (b) cleaning; or<br> (c) non‑disturbing span rectification (for example, grout bagging); or<br> (d) the operation of a valve; or<br> (e) the recovery of debris; or<br> (f) valve control unit change out | | 2 | Vessel supporting a diving operation that relates to—<br> (a) inspection; or<br> (b) cleaning; or<br> (c) non‑disturbing span rectification (for example, grout bagging); or<br> (d) the operation of a valve; or<br> (e) the recovery of debris; or<br> (f) valve control unit change out | | 3 | Vessel supporting a remotely‑operated vehicle that is being used in connection with the removal of weight coating from a pipe before hydro‑testing | | 4 | | Vessel supporting a diving operation that relates to the removal of weight coating from a pipe before hydro‑testing | | 5 | | Vessel laying an umbilical or a cable | | 6 | | Vessel—<br> (a) laying a clump weight anchor or mattress; or<br> (b) conducting rock dumping on a pipe during its construction (before hydro‑testing) | | | | | | | | | | 7 | | Vessel placing support structures or foundations on the sea bed for the purpose of a facility, including—<br> (a) foundation supports for a platform jacket, pipe end manifold or another manifold; or<br> (b) foundation piles | | 8 | | Vessel undertaking pipe trenching and burial during the construction of a facility (before hydro‑testing) | | 9 | | Dumb barge that is "hipped‑up" to a facility | | 10 | | Vessel installing and attaching a short length flexible pipe or jumper if there is no petroleum or greenhouse gas substance contained in the pipe or equipment to which the flexible pipe or jumper is being connected | | 11 | | Vessel placing a subsea pipe manifold or pipe end manifold during the construction of a facility (before hydro‑testing) | | 12 | | Vessel attaching a cathodic protection anode to a pipe if welding is not required |

Under clause 8(d) of Schedule 3 to the Act, a vessel or structure is taken not to be a facility for the purposes of that Schedule if the vessel or structure is a vessel or structure used for any purpose such that it is declared by the regulations not to be a facility.

43 Vessels and structures that are not associated offshore places

For the purposes of the definition of associated offshore place in clause 3 of Schedule 3 to the Act, the vessels and structures in the following Table are not associated offshore places.

| Item | Vessel or structure | | 1 | Vessel supporting a remotely‑operated vehicle that is being used in connection with—<br> (a) inspection; or<br> (b) cleaning; or<br> (c) non‑disturbing span rectification (for example, grout bagging); or<br> (d) the operation of a valve; or<br> (e) the recovery of debris; or<br> (f) valve control unit change out | | 2 | Vessel supporting a remotely‑operated vehicle that is being used in connection with the removal of weight coating from a pipe before hydro‑testing | | 3 | Vessel laying an umbilical or a cable | | 4 | Vessel—<br> (a) laying a clump weight anchor or mattress; or<br> (b) conducting rock dumping on a pipe during its construction (before hydro‑testing) | | 5 | Vessel placing support structures or foundations on the sea bed for the purpose of a facility, including—<br> (a) foundation supports for a platform jacket, pipe end manifold or another manifold; or<br> (b) foundation piles | | 6 | Vessel undertaking pipe trenching and burial during the construction of a facility (before hydro‑testing) | | 7 | Vessel installing and attaching a short length flexible pipe or jumper if there is no petroleum or greenhouse gas substance contained in the pipe or equipment to which the flexible pipe or jumper is being connected | | 8 | Vessel placing a subsea pipe manifold or pipe end manifold during the construction of a facility (before hydro‑testing) | | 9 | Vessel attaching a cathodic protection anode to a pipe if welding is not required |

The exclusion of a vessel mentioned in an item in the Table does not necessarily mean that a pipe, plant or equipment mentioned in the item is also excluded from the definition of associated offshore place.

44 Forms, notices and reports

(1) A reference in this Chapter to a form by number is a reference to the form with that number in Schedule 2.

(2) A form must be completed in accordance with a direction specified in, or at the foot of, the form.

(3) A person who is required for the purposes of the Act or this Chapter—

(a) to complete a form; or

(b) to give notice or make a report—

must complete the form, give notice or make the report in sufficient detail to allow proper consideration of the form, notice or report.

(4) A form, notice or report must be produced clearly and legibly in handwriting or by means of a machine in such a manner as to enable clear and legible reproduction of the contents of the form, notice or report.

Part 3.2—Offshore facilities

Division 1—Operators

45 Nomination of operator—general

(1) A facility owner or a titleholder may give NOPSEMA a written notice nominating a person to be the operator of a facility or a proposed facility.

(2) The notice must include—

(a) the person's name; and

(b) the following contact details for the person—

(i) if the person carries on business in Australia—the address of the person's principal place of business in Australia;

(ii) if the person does not carry on business in Australia—the address of the person's principal place of business;

(iii) telephone and facsimile numbers and an email address for the person at the place of business specified in the notice;

(iv) telephone and facsimile numbers and an email address for the person outside business hours at the place of business specified in the notice; and

(c) the following details, if applicable—

(i) the person's Australian Company Number (ACN);

(ii) the person's Australian Business Number (ABN);

(iii) the person's Australian Registered Body Number (ARBN);

(iv) the person's Australian Registered Scheme Number (ARSN); and

(d) the person's consent to the nomination.

46 Acceptance or rejection of nomination of operator

(1) NOPSEMA must accept the nomination of a person as the operator of a facility or a proposed facility if it is satisfied that the person has, or will have, the day‑to‑day management and control of—

(2) NOPSEMA must reject the nomination if NOPSEMA is not satisfied that the nominee has, or will have, the day‑to‑day management and control of—

(3) If NOPSEMA accepts the nomination, it must register the nominee as the operator of the facility or proposed facility.

(4) NOPSEMA must notify the owner or titleholder who made the nomination, and the nominee—

(a) of the decision to accept or reject the nomination; and

(b) if NOPSEMA has decided to reject the nomination—of the reasons for the rejection.

47 Register of operators

(1) NOPSEMA must—

(a) maintain the register of operators; and

(b) publish on its Internet site—

(i) the name of each operator; and

(ii) the address of each operator, as notified under regulation 45(2)(b)(i) or (ii); and

(iii) the name of each facility which the operator operates.

(2) An owner, titleholder or operator of a facility may notify NOPSEMA, in writing, that the operator has ceased to be the person who has, or will have, the day‑to‑day management and control of—

(3) On receipt of a notice under subregulation (2), NOPSEMA must remove the operator's name from the register.

48 Removal of name from register

NOPSEMA may remove an operator's name from the register if—

(a) NOPSEMA believes, on reasonable grounds, that the operator does not have, or will not have, day‑to‑day management and control of the facility and operations at the facility; and

(b) NOPSEMA has given notice of intention to remove the operator from the register to—

(i) the owner or titleholder who nominated the operator; and

(ii) the operator; and

(c) NOPSEMA has allowed a period of 30 days for the nominator and the operator to make representations; and

(d) NOPSEMA has considered any representations and continues to believe on reasonable grounds that the operator does not have, or will not have, day‑to‑day management and control of the facility and operations at the facility.

Division 2—Safety cases

Subdivision 1—Contents of safety cases, safety measures, emergencies and record keeping

49 Facility description, formal safety assessment and safety management system

(1) The safety case for a facility must contain a description of the facility that gives details of—

(a) the layout of the facility; and

(b) the technical and other control measures identified as a result of the formal safety assessment; and

(c) the activities that will, or are likely to, take place at, or in connection with, the facility; and

(d) for a facility that is a pipeline—

(i) the route corridor of the pipeline and the pipeline's interface start and end positions; and

(ii) the compositions of petroleum or greenhouse gas substance that are to be conveyed through the pipeline when it is operating; and

(iii) the safe operating limits for conveying those compositions through the pipeline; and

(e) any other relevant matters.

(2) The safety case for the facility must also contain a detailed description of the formal safety assessment for the facility, being an assessment or series of assessments conducted by the operator that—

(a) identifies all hazards having the potential to cause a major accident event; and

(b) is 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

(c) identifies the technical and other control measures that are necessary to reduce that risk to a level that is as low as reasonably practicable.

A formal safety assessment relates only to major accident events.

(3) The safety case for the facility must also contain a detailed description of the safety management system that—

(a) is comprehensive and integrated; and

(b) provides for all activities that will, or are likely to, take place at, or in connection with, the facility; and

(c) provides for the continual and systematic identification of hazards to health and safety of persons at or near the facility; and

(d) provides for the continual and systematic assessment of—

(i) the likelihood of the occurrence, during normal or emergency situations, of injury or occupational illness associated with those hazards; and

(ii) the likely nature of such injury or occupational illness; and

(e) provides 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—

(i) risks arising during evacuation, escape and rescue in case of emergency; and

(ii) risks arising from equipment and hardware; and

(f) provides for inspection, testing and maintenance of the equipment and hardware that are the physical control measures for those risks; and

(g) provides for adequate communications between the facility and any relevant—

(i) facility; or

(ii) vessel; or

(iii) aircraft; or

(iv) on‑shore installation; and

(h) provides for any other matter that is necessary to ensure that the safety management system meets the requirements and objects of this Chapter; and

(i) specifies the performance standards that apply.

The safety management system must provide for all hazards and risks to persons at the facility, not just risks of major accident events.

(4) If an operator of a facility submits to NOPSEMA a safety case for a construction or installation stage in the life of the facility, the safety case must contain the matters mentioned in subregulations (1), (2) and (3) in relation to—

(a) the facility at that stage in the life of the facility; and

(b) the 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

(c) to 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.

50 Implementation and improvement of the safety management system

The safety case for a facility must demonstrate that there are effective means of ensuring—

(a) the implementation of the safety management system; and

(b) continual and systematic identification of deficiencies in the safety management system; and

(c) continual and systematic improvement of the safety management system.

51 Standards to be applied

The 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.

52 Command structure

(1) For a facility that is manned, the safety case must specify—

(a) an 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

(b) an 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

(c) the command structure that will apply in the event of an emergency at the facility.

The same person may occupy both of the offices or positions mentioned in paragraphs (a) and (b).

(2) The safety case must also describe, in detail, the means by which the operator will ensure that, as far as reasonably practicable—

(a) the offices or positions mentioned in subregulation (1) are continuously occupied while the facility is in operation; and

(b) the 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

(c) the 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.

53 Members of the workforce must be competent

The 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—

(a) to undertake routine and non‑routine tasks that might reasonably be given to the member—

(i) in normal operating conditions; and

(ii) in abnormal or emergency conditions; and

(iii) during any changes to the facility; and

(b) to respond and react appropriately, and at the level that might be reasonably required of the member, during an emergency.

54 Permit to work system for safe performance of various activities

(1) The safety case for a facility must provide for the operator of the facility to establish and maintain 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—

(a) welding and other hot work; and

(b) cold work (including physical isolation); and

(c) electrical work (including electrical isolation); and

(d) entry into, and working in, a confined space; and

(e) procedures for working over water; and

(f) diving operations.

Confined space is defined in regulation 41.

(2) The system must—

(a) form part of the safety management system described in the safety case in force for the facility; and

(b) identify the persons having responsibility to authorise and supervise work; and

(c) ensure that members of the workforce are competent in the application of the permit to work system.

55 Involvement of members of the workforce

(1) The operator of a facility must demonstrate to NOPSEMA, to the reasonable satisfaction of NOPSEMA, that—

(a) in the development or variation of the safety case for the facility, there has been effective consultation with, and participation of, members of the workforce; and

(b) the 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.

(2) A demonstration for the purposes of subregulation (1)(a) must be supported by adequate documentation.

(3) In subregulation (1)—

members of the workforce includes members of the workforce who are—

(a) identifiable before the safety case is developed; and

(b) working, or likely to be working, on the relevant facility.

Part 3 of Schedule 3 to the Act sets out the broad 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 variation of the safety case.

56 Design, construction, installation, maintenance and modification

(1) The 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.

(2) In particular, the design, construction, installation, maintenance and modification of the facility must provide for—

(a) adequate means of inventory isolation and pressure relief in the event of an emergency; and

(b) adequate means of gaining access for servicing and maintenance of the facility and machinery and other equipment on board the facility; and

(c) adequate means of maintaining the structural integrity of a facility; and

(d) implementation of the technical and other control measures identified as a result of the formal safety assessment.

57 Medical and pharmaceutical supplies and services

The safety case for 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.

58 Machinery and equipment

(1) The safety case for 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.

(2) The safety case must demonstrate that—

(a) the equipment is fit for its function or use in normal operating conditions; and

(b) to the extent that the equipment is intended to function, or to be used, in an emergency—the equipment is fit for its function or use in the emergency.

59 Drugs and intoxicants

The 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—

(a) securing, supplying, and monitoring the use of, therapeutic drugs on the facility; and

(b) preventing the use of controlled substances (other than therapeutic drugs) on the facility; and

(c) preventing the use of intoxicants on the facility.

60 Evacuation, escape and rescue analysis

(1) The safety case for a facility must contain a detailed description of an evacuation, escape and rescue analysis.

(2) The evacuation, escape and rescue analysis must—

(a) identify the types of emergency that could arise at the facility; and

(b) consider a range of routes for evacuation and escape of persons at the facility in the event of an emergency; and

(c) consider alternative routes for evacuation and escape if a primary route is not freely passable; and

(d) consider different possible procedures for managing evacuation, escape and rescue in the event of an emergency; and

(e) consider a range of means of, and equipment for, evacuation, escape and rescue; and

(f) consider a range of amenities and means of emergency communication to be provided in a temporary refuge; and

(g) consider a range of life saving equipment, including—

(i) life rafts to accommodate safely the maximum number of persons that are likely to be at the facility at any time; and

(ii) equipment to enable that number of persons to obtain access to the life rafts after launching and deployment; and

(iii) in the case of a floating facility—suitable equipment to provide a float‑free capability and a means of launching; and

(h) identify, 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.

In so far as it addresses major accident events, the evacuation, escape and rescue analysis forms part of the formal safety assessment.

61 Fire and explosion risk analysis

(1) The safety case for a facility must contain a detailed description of a fire and explosion risk analysis.

(2) The fire and explosion risk analysis must—

(a) identify the types of fires and explosions that could occur at the facility; and

(b) consider a range of measures for detecting those fires and explosions in the event that they do occur; and

(c) consider a range of measures for eliminating those potential fires and explosions, or for otherwise reducing the risk arising from fires and explosions; and

(d) consider the incorporation into the facility of both automatic and manual systems for the detection, control and extinguishment of—

(i) outbreaks of fire; and

(ii) leaks or escapes of petroleum; and

(e) consider 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

(f) consider the evacuation, escape and rescue analysis, in so far as it relates to fires and explosions; and

(g) identify, 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.

In so far as it addresses major accident events, the fire and explosion risk analysis forms part of the formal safety assessment.

62 Emergency communications systems

(1) The safety case for a facility must provide for communications systems that, in the event of an emergency in connection with the facility, are adequate for communication—

(a) within the facility; and

(b) between the facility and—

(i) appropriate on‑shore installations; and

(ii) appropriate vessels and aircraft; and

(iii) other appropriate facilities.

(2) In particular, the safety case must provide for the communications systems of the facility to be—

(a) adequate to handle—

(i) a likely emergency on or relating to the facility; and

(ii) the operation requirements of the facility; and

(b) protected so as to be capable of operation in an emergency to the extent specified by the formal safety assessment relating to the facility required under regulation 49(2).

63 Control systems

The safety case for a facility must make adequate provision for the facility, in the event of an emergency, in respect of—

(a) back‑up power supply; and

(b) lighting; and

(c) alarm systems; and

(d) ballast control; and

(e) emergency shut‑down systems.

64 Emergency preparedness

(1) The safety case for a facility must—

(a) describe a response plan designed to address possible emergencies, the risk of which has been identified in the formal safety assessment for the facility; and

(b) provide for the implementation of that plan.

(2) The plan must—

(a) specify all reasonably practicable steps to ensure the facility is safe and without risk to the health of persons likely to be on the facility at the time of the emergency; and

(b) specify the performance standards that it applies.

(3) The safety case must make adequate provision for escape drill exercises and fire drill exercises by persons on the facility.

(4) In 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.

(5) The 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.

(6) The safety case for a mobile facility must also specify systems that—

(a) in the event of emergency, are adequate to shut down or disconnect all operations on the facility that could adversely affect the health or safety of persons at or near the facility; and

(b) are adequate to give appropriate audible and visible warnings of the shutting down or disconnecting of those operations.

65 Pipes

(1) The safety case for a facility that is—

(a) connected to one or more pipes; or

(b) proposed to be connected to one or more pipes—

that convey, or will convey, petroleum or greenhouse gas substance to the facility must specify adequate procedures for shutting down or isolating, in the event of emergency, each of those pipes so as to stop the flow of petroleum or greenhouse gas substance into the facility through the pipe.

(2) In particular, the procedures must include—

(a) effective means of controlling and operating all relevant emergency shut‑down valves for a pipe; and

(b) a fail‑safe system of isolating a pipeline in the event of failure of other safety devices for the pipe.

(3) The safety case for a facility must also specify—

(a) adequate means of mitigating, in the event of emergency, the risks associated with each pipe connected to the facility; and

(b) a frequency of periodic inspection and testing of pipe emergency shut‑down valves that can reasonably be expected to ensure that they will operate correctly in an emergency.

(4) In this regulation—

facility does not include—

(a) a well mentioned in clause 6(4)(a) or (b), or in clause 10(1)(b)(i) or (ii), of Schedule 3 to the Act; or

(b) plant and equipment associated with a well mentioned in any of those provisions; or

(c) a pipe or system of pipes mentioned in any of those provisions.

66 Vessel and aircraft control

(1) The 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.

(2) The system must be able to meet the emergency response requirements identified in the formal safety assessment in relation to the facility required under regulation 49(2) and be described in the facility's safety management system required under regulation 49(3).

(3) The equipment and procedures for ensuring safe vessel and aircraft operations must be fit for purpose.

67 Arrangements for records

(1) This regulation applies to the following documents—

(a) the safety case in force for the facility;

(b) a variation to the safety case for the facility;

(c) a written audit report for the safety case;

(d) a copy of each report given to NOPSEMA in accordance with regulation 86(2).

(2) The safety case for a facility must include arrangements for—

(a) making a record of the documents; and

(b) securely storing the documents and records;

(i) at an address nominated for the facility; and

(ii) in a manner that facilitates their retrieval as soon as practicable.

(3) A document mentioned in subregulation (1)(a) or (b) must be kept for 5 years after the date of acceptance of the document by NOPSEMA.

(4) A report mentioned in subregulation (1)(c) must be kept for a period of 5 years after the date of receipt by the operator.

(5) A copy mentioned in subregulation (1)(d) must be kept for a period of 5 years after the date the report was given to NOPSEMA.

Subdivision 2—Submission and acceptance of safety cases

68 Safety case to be submitted to NOPSEMA

(1) If an operator wants to have a safety case accepted for a facility, the operator must submit the safety case to NOPSEMA.

(2) The safety case may relate to one or more stages in the life of the facility.

(3) The safety case may relate to more than one facility.

(4) The operator must not submit the safety case before the operator and NOPSEMA have agreed on the scope of the validation for the facility, unless the safety case is for a proposed facility that is—

(a) proposed to be or is being constructed at a place outside the coastal waters of Victoria; and

(b) proposed to be installed and operated within the coastal waters of Victoria.

(5) NOPSEMA may at any time inform the operator that it will not assess the safety case for the proposed facility unless the operator and NOPSEMA have agreed on the scope of the validation for the proposed facility.

69 NOPSEMA may request more information

(1) If an operator submits a safety case to NOPSEMA, NOPSEMA may request the operator to provide further written information about any matter required by this Chapter to be included in a safety case.

(2) A request under subregulation (1) must—

(c) specify a period of at least 30 days within which the information is to be provided.

(3) If an operator receives a request, and provides all information requested by NOPSEMA within the period specified—

(a) the information becomes part of the safety case as if it had been included with the safety case as it was submitted to NOPSEMA; and

(b) NOPSEMA must have regard to the information as if it had been so included.

70 Acceptance or rejection of a safety case

(1) NOPSEMA must accept a safety case if—

(a) the safety case is appropriate to the facility and to the activities conducted at the facility; and

(b) the safety case complies with regulations 49 to 66 for each stage in the life of the facility in respect of which the safety case is submitted; and

(c) the safety case complies with regulation 67; and

(d) in a case in which NOPSEMA has requested a validation of the facility—

(i) the person, or each person, undertaking the validation meets the criteria specified in regulation 84(5); and

(ii) the validation complies with regulation 84.

(2) If a safety case is submitted for more than one stage in the life of the facility, NOPSEMA may accept the safety case for one or more stages in the life of the facility and reject the safety case for one or more stages in the life of the facility.

(3) If NOPSEMA rejects a safety case because NOPSEMA is not satisfied of any of the matters mentioned in subregulation (1), NOPSEMA must give the operator a reasonable opportunity to change the safety case and resubmit it.

(4) NOPSEMA must reject the safety case if—

(a) NOPSEMA has given an operator a reasonable opportunity to change and resubmit a safety case; and

(b) the operator resubmits the safety case; and

(c) NOPSEMA is not satisfied of any of the matters mentioned in subregulation (1).

(5) When accepting a safety case for a facility, NOPSEMA may impose limitations or conditions on the acceptance in respect of the facility or activities at the facility.

71 Notice of decision on safety case

(1) Within 90 days after receiving a safety case submitted under regulation 68, or resubmitted under regulation 70(3), NOPSEMA must—

(a) notify the operator, in writing, that NOPSEMA has decided—

(i) to accept the safety case; or

(ii) to reject the safety case; or

(iii) to do both of the following—

(A) accept the safety case for one 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;

(B) reject the rest of the safety case; or

(iv) to accept the safety case subject to conditions or limitations; or

(b) notify the operator, in writing, that NOPSEMA 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.

(2) A failure by NOPSEMA to comply with subregulation (1) in relation to a safety case does not affect the validity of a decision by NOPSEMA to accept or reject the safety case.

(3) A 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.

72 Consent to undertake work in a manner different from safety case

(1) NOPSEMA may, by notice in writing given to the operator of a facility, consent to the conduct of an activity in a manner that is different from the manner described in the safety case in force in relation to the facility.

(2) NOPSEMA 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 activity in relation to the facility.

73 Duties under Part 2 of Schedule 3 to the Act

The acceptance of a safety case by NOPSEMA, or compliance by an operator or another person with a safety case that has been accepted by NOPSEMA, does not derogate from the duties of the operator or a person under Part 2 of Schedule 3 to the Act.

Subdivision 3—Variation of safety case

74 Variation of a safety case because of a change of circumstances or operations

(1) Subject to subregulation (3), an operator of a facility for which a safety case is in force must submit a proposal for a variation of the safety case to NOPSEMA as soon as practicable after the occurrence of any of the following circumstances—

(a) the 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 49 to 66;

(b) the operator proposes to modify or decommission the facility, and the proposed modification or decommissioning is not adequately addressed in the safety case;

(c) there 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;

(d) the operator proposes to significantly change the safety management system;

(e) for a facility that is a pipeline—the compositions of petroleum or greenhouse gas substance conveyed in the pipeline are different from the compositions contemplated in the safety case;

(f) the activities to be carried out at the facility are different from the activities contemplated in the safety case.

(2) The operator must also submit a proposal for a variation of the safety case to NOPSEMA as soon as practicable if there has been—

(a) a significant increase in the level of risk to the health or safety of persons at or near the facility; or

(b) a series of increases in the level of risk to the health or safety of persons at or near the facility that, in total, are significant.

(3) If a circumstance mentioned in subregulation (1) or (2) is satisfied because the operator proposes to modify or decommission the facility, the operator must not submit the proposal for a variation of the safety case before the operator and NOPSEMA have agreed on the scope of the validation of the proposed modification or decommissioning of the facility.

(4) If NOPSEMA agrees, the operator of a facility may submit a proposal for a variation of a safety case under subregulation (1) or (2) in the form of a proposed variation to part of the safety case in force for the facility.

75 Variation on request by NOPSEMA

(1) NOPSEMA may request the operator of a facility for which a safety case is in force to submit a proposal for a variation of a safety case to NOPSEMA.

(2) If NOPSEMA agrees, the operator of a facility may submit a proposal for a variation of the safety case under subregulation (1) in the form of a proposed variation to part of the safety case in force for the facility.

(3) A request by NOPSEMA must be in writing and include the following information—

(a) the matters to be addressed by the proposal;

(b) the date by which the proposal is required to be submitted to NOPSEMA;

(c) the grounds for the request.

(4) The operator may make a submission in writing to NOPSEMA requesting the withdrawal of the request and stating the reasons why—

(a) the variation should not occur; or

(b) the variation should be in different terms from the terms proposed; or

(c) the variation should take effect on a date after the date proposed.

(5) The operator must make the submission—

(a) within 21 days after receiving the request; or

(b) within a longer period specified in writing by NOPSEMA.

(6) If NOPSEMA receives a submission that complies with subregulations (4) and (5), NOPSEMA must—

(a) decide whether to accept the submission or part of the submission; and

(b) give the operator written notice of the decision; and

(c) to the extent that the submission is accepted—give the operator written notice that varies or withdraws the request in accordance with the decision; and

(d) to the extent that the submission is rejected—give the operator written notice of the grounds for rejecting the submission or part of the submission.

(7) Unless the request is withdrawn, the operator must comply with a request, or a varied request.

76 Variation after 5 years

(1) The operator of a facility for which a safety case is in force must submit a proposal for a variation of the safety case to NOPSEMA—

(a) no later than 5 years after the date that the safety case was first accepted under regulation 70; and

(b) no later than 5 years after the date of each acceptance of a varied safety case under regulation 70 as applying under regulation 78; and

(c) if a variation under regulation 74 or 75 has been accepted, no later than a date specified by NOPSEMA by notice in writing given to the operator, being a date no later than 5 years after the acceptance of the variation.

(2) A proposal for a variation of a 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.

77 NOPSEMA may request more information

(1) If an operator submits a proposal for a variation of a safety case to NOPSEMA, NOPSEMA may request the operator to provide further written information about any matter required by this Chapter to be included in a safety case.

(2) A request under subregulation (1) must—

(c) specify a period of not less than 10 days within which the information is to be provided.

(3) If an operator receives a request and provides all information requested by NOPSEMA within the period specified—

(a) the information becomes part of the proposal for a variation of a safety case as if it had been included with the proposal as it was submitted to NOPSEMA; and

(b) NOPSEMA must have regard to the information as if it had been so included.

78 Acceptance or rejection of a proposal for a variation of a safety case

Regulation 70 applies to a proposal for a variation of a safety case or part of a safety case as if a reference in that regulation to the acceptance or rejection of the safety case were a reference to acceptance or rejection of the proposed variation.

79 Notice of decision on proposal for variation of a safety case

(1) Within 30 days after receiving a proposal for a variation of a safety case, or part of a safety case, NOPSEMA must—

(a) notify the operator, in writing, that NOPSEMA has decided—

(i) to accept the proposal; or

(ii) to reject the proposal; or

(iii) to do both of the following—

(A) accept the proposal for one 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 proposal was submitted;

(B) reject the rest of the proposal; or

(iv) to accept the proposal subject to conditions or limitations; or

(b) notify the operator, in writing, that NOPSEMA is unable to make a decision about the proposal within the period of 30 days, and set out a proposed timetable for its consideration of the proposal.

(2) A failure by NOPSEMA to comply with subregulation (1) in relation to a proposal for variation of a safety case, or a proposal for a variation of a part of a safety case, does not affect the validity of a decision by NOPSEMA to accept or reject the proposal.

(3) A 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.

80 Effect of rejection of a proposal for variation of a safety case

If a proposal for a variation of a safety case or part of a safety case is not accepted, the safety case in force in relation to the facility immediately before the proposal was submitted remains in force subject to the Act and this Chapter, as if the proposal had not been submitted.

Subdivision 4—Withdrawal of acceptance of a safety case

81 Grounds for withdrawal of acceptance

(1) NOPSEMA 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—

(a) the operator has not complied with—

(i) Schedule 3 to the Act; or

(ii) a notice issued by a NOPSEMA inspector under Schedule 3 to the Act; or

(iii) regulation 74, 75 or 76;

(b) NOPSEMA has rejected a proposal for a variation of the safety case or part of the safety case under regulation 70 as applying under regulation 78.

(2) A notice under subregulation (1) must contain a statement of the reasons for the decision.

82 Notice before withdrawal of acceptance

(1) Before withdrawing the acceptance of a safety case for a facility, NOPSEMA must give the operator at least 30 days' notice, in writing, of its intention to withdraw the acceptance.

(2) NOPSEMA may give a copy of the notice to such other persons as it thinks fit.

(3) NOPSEMA 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 NOPSEMA, in writing, matters that NOPSEMA should take into account when deciding whether to withdraw the acceptance.

(4) NOPSEMA must take into account—

(a) any action taken by the operator—

(i) to remove a ground for withdrawal of acceptance; or

(ii) to prevent the recurrence of a ground for removal of acceptance; and

(b) any matter submitted under subregulation (3) before the cut‑off date.

Subdivision 5—Exemptions

83 NOPSEMA may give an exemption

NOPSEMA may, by notice in writing, exempt an operator from the operation of one or more provisions of this Division.

Division 3—Validation

84 Validation of design, construction and installation, significant modification or decommissioning of a facility

(1) NOPSEMA may, by notice in writing, require the operator of a proposed facility, or an existing facility, to provide a validation—

(a) in respect of the proposed facility; or

(b) in respect of a proposed significant change to an existing facility.

(2) A 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 NOPSEMA and the operator.

(3) A 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 NOPSEMA and the operator.

(4) The validation must establish, to the level of assurance reasonably required by NOPSEMA—

(a) in 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—

(i) will protect the health and safety of persons at the facility; and

(ii) are consistent with the formal safety assessment for the facility; and

(b) in the case of an existing facility—that, after any proposed change or changes, the facility incorporates measures that will protect the health and safety of persons at or near the facility.

(5) An operator who has provided material for a validation must satisfy NOPSEMA 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.

existing facility means a facility at a location in the offshore area, if the facility is or has been in use, or is available for use, in that location.

Division 4—Notifying and reporting accidents and dangerous occurrences

85 Interpretation

(1) For the purposes of clause 96(1)(b) of Schedule 3 to the Act, the prescribed period in relation to a facility to which this Chapter applies is a period of at least 3 days.

(2) For the purposes of the definition of dangerous occurrence in clause 3 of Schedule 3 to the Act, an occurrence, at a facility, that is specified in the following Table is a dangerous occurrence.

| Item | Occurrence | | 1 | An occurrence that did not cause, but could reasonably have caused—<br> (a) the death of, or serious personal injury to, a person; or<br> (b) a member of the workforce to be incapacitated from performing work for the period mentioned in subregulation (1) | | 2 | A fire or explosion | | 3 | A collision of a marine vessel with the facility | | 4 | An uncontrolled release of hydrocarbon vapour exceeding 1 kilogram | | 5 | An uncontrolled release of petroleum liquids exceeding 80 litres | | 6 | A well kick exceeding 8 cubic metres (or 50 barrels) | | 7 | An unplanned event that required the emergency response plan to be implemented | | 8 | Damage to safety‑critical equipment | | 9 | An occurrence to which items 1 to 8 do not apply that—<br> (a) results in significant damage to a pipeline (for example, reducing the capacity of the pipeline to contain petroleum or greenhouse gas substance flowing through it); or<br> (b) is likely to have a result of a kind mentioned in paragraph (a); or<br> (c) is of a kind that a reasonable pipeline licensee would consider to require immediate investigation | | 10 | Any other occurrence of a kind that a reasonable operator would consider to require an immediate investigation |

86 Notices and reports of accidents and dangerous occurrences

(1) For the purposes of clause 96(1) of Schedule 3 to the Act, the notice in relation to a facility to which this Chapter applies—

(a) may be oral or written; and

(b) must be provided as soon as practicable after—

(i) the first occurrence of the accident or dangerous occurrence; or

(ii) if 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

(c) must contain all material details concerning the accident or dangerous occurrence that are reasonably available to the operator at the time of the notification.

(2) For the purposes of clause 96(4) of Schedule 3 to the Act, the report—

(a) must be written; and

(b) unless otherwise agreed by NOPSEMA—must be provided within 3 days after—

(i) the first occurrence of the accident or dangerous occurrence; or

(ii) if 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

(c) must contain material details concerning the accident or dangerous occurrence of the types determined by NOPSEMA.

(3) A determination under subregulation (2)(c) must be—

(a) in writing; and

(b) published in the Government Gazette.

(4) As soon as practicable, but not later than 15 days after the end of each month, the operator of a facility must submit, to NOPSEMA, a written report, for that month, summarising—

(a) the number of deaths of persons at the facility; and

(b) the 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.

Division 5—Penalty provisions

87 Facility must have operator

A person must not—

in the offshore area unless there is an operator in respect of the facility.

88 Safety case required for the relevant stage in the life of a facility

A person must not—

in the offshore area unless there is a safety case in force for the facility that provides for the activity.

89 Work on a facility must comply with the safety case

(1) A person must not—

in the offshore area in a manner that is contrary to—

(g) the safety case in force for the facility; or

(h) a limitation or condition imposed under regulation 70(5).

(2) Subregulation (1) does not apply to particular conduct if NOPSEMA has given the person a written consent under regulation 72 to engage in that conduct in a manner contrary to the safety case or a limitation or condition imposed under regulation 70(5).

90 New health and safety risk

(1) A person must not—

in the offshore area if—

(g) there 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

(h) the new risk or increased risk is not provided for—

(i) in the safety case in force for the facility; or

(ii) in a proposal for a variation of a safety case—

(A) submitted to NOPSEMA; and

(B) not refused acceptance by NOPSEMA.

(2) If the titleholder knows about a new risk or increased risk mentioned in subregulation (1)(g), the titleholder must—

(a) notify the operator and NOPSEMA of the new risk or increased risk as soon as practicable; and

(b) notify the operator and NOPSEMA by telephone, facsimile or email.

91 Maintaining records

The 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.

Regulation 67 sets out the record keeping requirements in relation to documents.

92 Person on a facility must comply with safety case

A person on a facility must comply with the safety case in force for the facility that applies to the person.

93 Interference with accident sites

(1) A person must not, whether directly or indirectly, interfere with a site on a facility where there is—

(a) an accident that causes the death of, or serious personal injury to, any person; or

(b) an accident that causes a member of the workforce to be incapacitated from performing work for a period of at least 3 days; or

(c) a dangerous occurrence—

before the completion of the inspection of the site by a NOPSEMA inspector.

(a) the person was acting with the written or oral authority of a NOPSEMA inspector; or

(b) the person was acting, in a reasonable manner, for any of the following purposes—

(i) helping or rescuing a sick, injured or endangered person;

(ii) maintaining the safety of the facility or of persons at the facility;

(iii) reducing danger to the facility or to persons at the facility;

(iv) retrieving, or attempting to retrieve, the body of a dead person; or

(c) the operator has given NOPSEMA notice of, and a report about, the accident or dangerous occurrence under clause 96 of Schedule 3 to the Act, and a NOPSEMA 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 NOPSEMA.

Division 6—Miscellaneous

94 Details in applications or submissions

(1) An application or submission (however described) that a person is required or permitted to make or give to NOPSEMA under this Chapter must include—

(a) the person's name; and

(b) if applicable, the name of the person's agent; and

(c) the person's or agent's address in Australia; and

(d) the person's or agent's telephone number and facsimile number.

(2) If there is a change to any of the details mentioned in subregulation (1), the person or agent must notify NOPSEMA in writing as soon as practicable.

(3) Despite any provision of this Chapter, NOPSEMA may delay proceeding with an application or submission until the person or agent has complied with this regulation.

Part 3.3—Occupational health and safety

Division 1—Health and safety

95 Avoiding fatigue

(2) A person to whom this regulation applies must not allow, or require, a member of the workforce who is under the person's control, to work for—

(a) a continuous period; or

(b) successive continuous periods—

of 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.

96 Possession or control of drugs or intoxicants

(1) A person on a facility must not have possession or control of—

(a) a controlled substance; or

(b) an intoxicant.

(a) the person had possession or control of a controlled substance that is a therapeutic drug; and

(b) the person had the therapeutic drug under their possession or control—

(i) in the course of the person's employment; or

(ii) in the course of the person's duties or practice as—

(A) a registered medical practitioner; or

(B) a registered nurse; or

(C) a registered pharmacist; or

(iii) in accordance with the law of a State or Territory; or

(iv) if the person had lawfully acquired the therapeutic drug—for the person's bona fide personal use.

97 Person must leave the facility when instructed to do so

(1) A person on a facility must leave the facility if instructed to do so by a person in command of the facility by an instruction in accordance with subregulation (2).

(2) For the purposes of subregulation (1), an instruction is in accordance with this subregulation if—

(a) in the case of an emergency—it is given orally or in any other way; or

(b) in any other case relevant to occupational health and safety—

(i) it is given in writing; and

(ii) includes the reason for the instruction.

98 Prohibition on the use of certain hazardous substances

(2) A person to whom this regulation applies must not allow a hazardous substance, referred to in column 2 of an item in Part 2 or 3 of Schedule 3, to be used in any circumstance other than a circumstance specified in column 3 of the item opposite that substance.

(3) Subregulation (2) does not apply if the use is in accordance with an exemption granted by NOPSEMA under regulation 101.

(4) Subregulation (2) does not apply to the use of chrysotile asbestos if the chrysotile asbestos is in a product specified in Schedule 2 to the National Model Regulations for the Control of Workplace Hazardous Substances.

99 Limitations on exposure to certain hazardous substances

(2) A person to whom this regulation applies 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.

(3) Subregulation (2) does not apply if 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 NOPSEMA under regulation 101.

(4) In this regulation—

appropriate 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;

hazardous substance means a substance—

(a) that is described in the List of Designated Hazardous Substances; or

(b) that has been determined, in writing, to be a hazardous substance by its manufacturer in accordance with the Approved Criteria for Classifying Hazardous Substances; or

(c) that is mentioned in Part 3 of Schedule 3.

100 Exposure to noise

(a) an operator; or

(b) an employer; or

(2) A person to whom this regulation applies 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.

(3) However, it is not an offence for a person to allow a member of the workforce who is under the person's control to be exposed to a level of noise that exceeds the noise exposure standard if—

(a) noise exposure is managed in a manner consistent with the provisions of the National Code of Practice for Noise Management and Protection of Hearing at Work; and

(b) after allowing for the protection offered by hearing protectors, the level of noise exposure is less than—

(i) an LAeq,8h, of 85dB(A); or

(ii) an LC,peak, of 140dB(C).

(4) Subregulation (3)(b) applies despite the wording of the noise exposure standard.

(5) Subregulation (2) does not apply if the level of noise to which the member of the workforce is exposed is in accordance with an exemption given by NOPSEMA under regulation 101.

noise exposure standard means the noise exposure standard set out in the National Standard for Occupational Noise.

101 Exemptions from hazardous substances and noise requirements

(a) an operator; or

(b) an employer; or

(2) A person to whom this regulation applies may apply to NOPSEMA for an exemption from compliance with regulation 98(2), 99(2) or 100(2).

(3) NOPSEMA may grant an exemption if it considers that, in specified circumstances, compliance is not practicable.

(4) NOPSEMA may specify conditions and limitations on an exemption.

Division 2—Election of health and safety representatives

Subdivision 1—Returning officer

102 Appointment of returning officer

(1) If, under clause 32(3) of Schedule 3 to 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.

(2) The operator must notify NOPSEMA of the nomination.

(3) NOPSEMA may—

(a) approve the nomination and appoint the nominee as returning officer; or

(b) appoint another person as returning officer.

Subdivision 2—The poll

103 Number of votes

Each person eligible to vote in an election is entitled to one vote only in the election.

104 Right to secret ballot

A 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.

105 Conduct of poll by secret ballot

(1) As soon as practicable after a request under regulation 104, the returning officer must issue ballot‑papers for the poll to voters.

(2) The returning officer must conduct the poll in accordance with regulations 108 to 118.

106 Conduct of poll if no request made for secret ballot

Subject 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 the returning officer to produce a fair result.

107 If no candidate is elected

If, in an election, no candidate is elected, the election is taken to have failed.

Subdivision 3—Polling by secret ballot

108 Ballot‑papers

A ballot‑paper must—

(a) state the election to which it relates; and

(b) set out the name of each candidate in alphabetical order; and

(c) state the manner of voting.

109 Distribution of ballot papers

(1) As soon as practicable after a request under regulation 104 for a secret ballot, the returning officer for an election must give to each voter—

(a) a ballot‑paper that is initialled by the returning officer; and

(b) an envelope that—

(i) is addressed to the returning officer; and

(ii) shows on its face that it relates to the election.

(2) The envelope given to a voter by a returning officer—

(a) may be pre‑paid as to postage; and

(b) in 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.

(3) The returning officer must ensure that the ballot‑paper and envelope are enclosed in a covering envelope that is sealed and addressed to the voter.

110 Manner of voting by secret ballot

(1) A voter in a poll by secret ballot must mark the ballot‑paper to indicate his or her preference by placing the number 1 in the box printed opposite the name of the candidate for whom that person wishes to vote.

(2) After marking the ballot‑paper, the voter must—

(a) fold the ballot‑paper so as to conceal the marking; and

(b) put the ballot‑paper in the envelope referred to in regulation 109(1)(b) and seal the envelope; and

(c) lodge the ballot by—

(i) putting 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

(ii) sending the envelope to the returning officer so as to reach the returning officer not later than the close of the poll.

(3) If, before a voter lodges their ballot, the voter—

(a) claims that the voter has spoilt their ballot‑paper; and

(b) returns the ballot‑paper to the returning officer; and

(c) requests a further ballot‑paper—

the returning officer must—

(d) give the voter a fresh ballot‑paper; and

(e) write the word "spoilt" across the returned ballot‑paper and sign and date the writing; and

(f) retain the spoilt ballot‑paper until the end of 6 months after notification of the result of the poll is given under regulation 121.

Subdivision 4—The count

111 Envelopes given to returning officer

(1) A returning officer for an election must—

(a) keep the ballots received by the returning officer before the close of the poll secure; and

(b) keep the envelopes containing the ballot‑papers unopened until the count.

(2) The returning officer must not admit to the count ballot‑papers received by the returning officer after the close of the poll.

112 Scrutineers

Each candidate in a poll conducted by secret ballot may appoint one scrutineer to represent that candidate at the count.

113 Returning officer to be advised of scrutineers

A candidate must tell the returning officer for the election the name of the candidate's scrutineer (if any) before the commencement of the count.

114 Persons present at the count

(1) The returning officer for an election may direct a person to leave the place where the count is being conducted if the person—

(a) is not entitled to be present, or to remain present, at the count; or

(b) being entitled to be present, interrupts the count, except as provided by subregulation (2).

(2) A candidate's scrutineer may interrupt the count and so inform the returning officer if the scrutineer—

(a) objects to a decision by the returning officer that a ballot paper is formal or informal, as the case may be; or

(b) considers that an error has been made in the conduct of the count.

(3) A person must comply with a direction given to that person under subregulation (1) unless the person has a reasonable excuse.

Penalty: 5 penalty units.

115 Conduct of the count

(1) As soon as practicable after the close of the poll, the returning officer must count the votes for each candidate.

(2) A scrutineer, appointed under regulation 112, may be present at the count.

(3) A 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.

(4) The candidate who receives the most votes is the successful candidate.

(5) If 2 or more candidates receive the same number of votes, the successful candidate is to be determined by lots drawn by the returning officer.

116 Informal ballot‑papers

A ballot‑paper is informal if—

(a) it is not initialled by the returning officer; or

(b) it has no vote marked on it; or

(c) it is so imperfectly marked that the intention of the person who marked the ballot‑paper is not clear; or

(d) it has any mark or writing on it by which the person who marked the ballot‑paper can be identified.

117 Completion of the count

After the count conducted in respect of a poll has been completed, the returning officer must prepare, date and sign a statement setting out—

(a) the number of valid votes given to each candidate; and

(b) the number of informal ballot‑papers.

118 Destruction of election material

At the end of 6 months after notification of the result of the poll for an election is given under regulation 121, the returning officer may destroy—

(a) the nominations for that election; and

(b) the ballot‑papers, including any spoilt ballot‑papers, for the election.

Subdivision 5—Result of election

119 Request for recount

(1) At any time before notification of the result of the poll for an election is given under regulation 121, the returning officer—

(a) on the returning officer's own initiative—may conduct a recount of any ballot‑papers received in the election; or

(b) if 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.

(2) In conducting a recount, the returning officer—

(a) in the case of a poll by secret ballot—has the same powers for the purposes of the recount as the returning officer had in the count; and

(b) in 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.

120 Irregularities at election

(1) Subject 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 121, declare the election to be void.

(2) An election must not be declared to be void only because of—

(a) a defect or irregularity in the conduct of the election that did not affect the result of the election; or

(b) an error or defect in an instrument or other document made, or purporting to be made, for the purposes of this Part; or

(c) an illegal practice, other than bribery or corruption, or attempted bribery or corruption, having been engaged in by a person, unless—

(i) it is likely that the result of the election was affected by the practice; and

(ii) it is just that the election be declared void.

(3) If an election is declared void, regulation 121 applies as if the election had failed.

121 Result of poll

(1) As soon as practicable after the failure of an election, a returning officer must notify in writing—

(a) the operator of the facility to which the election relates; and

(b) NOPSEMA—

of the failure of the election.

(2) As 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 117.

Division 3—Advice, investigations and inquiries

122 Taking samples for testing etc.

(1) If a sample of a substance or thing taken under clause 82(1)(b) of Schedule 3 to the Act is safely and practicably divisible, the NOPSEMA inspector who has taken the sample must—

(a) divide the sample into 3 parts; and

(b) put each part into a container and seal and label the container appropriately; and

(c) give one part to the operator or the employer for whom the substance or thing was being used; and

(d) provide another part for inspection, examination, measuring or testing for the purposes of Schedule 3 to the Act; and

(e) retain the remaining part for any further inspection, examination, measuring or testing that is required.

(2) If a sample of a substance or thing taken under clause 82(1)(b) of Schedule 3 to the Act is not safely and practicably divisible, the NOPSEMA inspector who has taken the sample must provide the whole sample for inspection, examination, measuring or testing for the purposes of the Schedule.

123 Care of samples

A NOPSEMA inspector who, under clause 82(1) of Schedule 3 to the Act—

(a) has taken possession of any plant, substance or thing; or

(b) has taken a sample of a substance or thing—

and removed the plant, substance or thing or the sample from the workplace must take all reasonable steps to ensure that, while in the NOPSEMA inspector's possession or control—

(c) the plant, substance or thing is not damaged; and

(d) the sample is not contaminated.

124 Form of certain notices

A notice issued by an elected health and safety representative or a NOPSEMA inspector under any of the following provisions of Schedule 3 to the Act must be in accordance with the form specified in relation to the provision concerned—

(a) clause 44(2) (provisional improvement notices)—Form 1;

(b) clause 82(2) (power to take possession of plant, take samples of substances etc.)—Form 2;

(c) clause 83(1) (power to direct that workplace etc. not be disturbed)—Form 3;

(d) clause 84(1) (power to issue prohibition notices)—Form 4;

(e) clause 89(1) (power to issue improvement notices)—Form 5.

Division 4—Exemptions from the requirements in Part 3 of Schedule 3 to the Act

125 Orders under clause 52 of Schedule 3 to the Act

(1) For the purposes of clause 52(1) of Schedule 3 to the Act, a person may apply in writing to NOPSEMA for an order exempting the person from one or more of the provisions of Part 3 of that Schedule.

(2) Within 28 days after NOPSEMA receives an application, NOPSEMA must decide whether or not to make the order.

(3) In making the decision, NOPSEMA must—

(a) consult with persons who might be affected by the decision to grant or refuse an exemption; and

(b) take into account submissions made by those persons.

1 If an operator applies for an exemption, a health and safety representative might be an affected person.

2 If a health and safety representative applies for an exemption, an operator might be an affected person.

(4) In granting an exemption, NOPSEMA—

(a) may grant an exemption subject to conditions; and

(b) may specify a period of time in which an exemption applies.

(5) NOPSEMA must give reasons for the decision.

Division 5—Laws that do not apply

126 Laws that do not apply

For the purposes of section 63 of the Act, the following Acts are prescribed—

(a) Dangerous Goods Act 1985;

(b) Electricity Safety Act 1998;

(c) Gas Safety Act 1997;

(d) Occupational Health and Safety Act 2004.

Division 6—Miscellaneous

127 Service of notices

(1) For the purposes of Schedule 3 to the Act and this Chapter, 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.

(2) For the purposes of Schedule 3 to the Act and this Chapter, a notice or report may be given to a person—

(a) by facsimile message transmitted to a facsimile facility that is installed at the address of the person last known to the person transmitting the message; or

(b) by an email sent to a computer system that is known to be in use by the person, being a message that is—

(i) in a form compatible with the computer system; and

(ii) capable of being recorded by the computer system.

(3) If a person gives the notice or report to another person, the person must—

(a) inform the other person by telephone—

(i) before transmission of the message; or

(ii) as soon as practicable after transmission of the message—

of the fact that the message will be, or has been, transmitted; and

(b) send a copy of the notice or report by pre‑paid post to the address of the other person last known to the first-mentioned person.

Part 3.4—Diving

128 Meaning of *diving*

(1) For the purposes of this Chapter, a person is diving if the person—

(a) is 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

(b) is submerged in water or another liquid and the person's lungs are subjected to a pressure greater than atmospheric pressure (whether or not the person is wearing a wetsuit or other protective clothing); or

(c) is in a manned submersible craft that is submerged in water or another liquid.

(2) For the purposes of this Chapter, diving also includes diving using a snorkel and diving without the use of any breathing apparatus.

(3) For the purposes of this Chapter, diving does not include—

(a) diving using a snorkel; or

(b) diving without the use of any breathing apparatus—

for the purpose of conducting an environmental survey.

129 When a diving operation begins and ends

(1) For the purposes of this Chapter, a diving operation begins when the diver, or first diver, who takes part in the operation starts to prepare to dive.

(2) A diving operation ends 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.

(3) A diving operation includes the time taken for therapeutic recompression if that is necessary.

Division 2—Diving safety management systems

130 No diving without DSMS

(1) Before beginning diving work that forms part of a diving project, a diving contractor must—

(a) have a DSMS that is—

(i) accepted; and

(ii) current; and

(b) give the DSMS to the operator of the diving project.

(2) The 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—

(a) accepted; and

(b) current.

(3) A diving contractor must not allow diving to continue on a diving project if the DSMS is no longer—

(a) accepted; and

(b) current.

(4) For the purposes of this regulation, an accepted DSMS is current if—

(a) the DSMS has not been varied, or the acceptance of the DSMS has not been withdrawn, since its latest acceptance; or

(b) it is not more than 5 years since its latest acceptance.

131 Contents of DSMS

(1) A DSMS must meet the minimum standards set out in guidelines made by NOPSEMA for the purposes of this subregulation, as in force from time to time.

(2) A DSMS must provide for—

(a) all activities connected with a diving project; and

(b) the 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 variation of the plan as necessary; and

(c) the continual and systematic identification of hazards related to a diving project; and

(d) the continual and systematic assessment of—

(i) the likelihood of the occurrence, during normal or emergency situations, of injury or damage associated with those hazards; and

(ii) the likely nature of any injury or damage; and

(e) the elimination of risks to persons involved with the project and associated work including—

(i) risks arising during evacuation, escape and rescue in case of emergency; and

(ii) risks to persons involved with the operation arising from equipment and hardware—

or the reduction of those risks to as low as reasonably practicable; and

(f) the inspection and maintenance of, and testing programs for, equipment and hardware integral to the control of those risks; and

(g) communications between persons involved in a diving project; and

(h) the performance standards that apply to the DSMS; and

(i) a program of continuous improvement.

(3) A DSMS must—

(a) specify any standard or code of practice that is to be used in a diving project; and

(b) require the diving to be carried out in accordance with those standards or codes.

(4) A DSMS must contain—

(a) any information that is reasonably necessary to demonstrate that the DSMS complies with this Chapter; and

(b) a system for the management of change.

132 Acceptance of new DSMS

(1) If a diving contractor does not already have an accepted DSMS, the contractor must give a DSMS to NOPSEMA at least 60 days before a proposed diving project is expected to begin.

(2) Within 60 days after receiving the DSMS, NOPSEMA must accept or reject the DSMS.

(3) As soon as practicable after making a decision under subregulation (2), NOPSEMA must notify the diving contractor of its decision.

133 Acceptance of varied DSMS

(1) If a diving contractor has varied a DSMS, the contractor must give the varied DSMS to NOPSEMA.

(2) NOPSEMA must accept or reject the DSMS within—

(a) 28 days after receiving the varied DSMS; or

(b) another period agreed between NOPSEMA and the diving contractor.

(3) As soon as practicable after making a decision under subregulation (2), NOPSEMA must notify the diving contractor of its decision.

134 Grounds for rejecting DSMS

NOPSEMA must reject a DSMS if—

(a) the DSMS does not adequately comply with regulation 131; or

(b) NOPSEMA 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 145.

135 Notice of reasons

(1) If NOPSEMA decides to reject a DSMS, NOPSEMA must set out, in writing, with the notice mentioned in regulation 132(3) or 133(3), the reasons for rejecting the DSMS.

(2) If NOPSEMA decides to impose conditions on a DSMS, NOPSEMA must set out, in writing, with the notice mentioned in regulation 132(3) or 133(3), the reasons for imposing conditions on the DSMS.

136 Register of DSMSs

(1) NOPSEMA must keep a register of each DSMS and varied DSMS it receives, in a form that allows public access.

(2) The register must record as many of the following details as apply to the DSMS—

(a) the name of the diving contractor;

(b) the date of acceptance;

(c) any conditions on acceptance;

(d) the date of rejection;

(e) the date that acceptance was withdrawn;

(f) the date of any variation notice under regulation 138.

(3) NOPSEMA must also record on the register, the following details for each diving project plan it receives under regulation 140—

(a) the name of the diving contractor;

(b) the diving project to which the diving project plan applies;

(c) the proposed commencement date of the project;

(d) the date of receipt of the plan.

137 Variation of DSMS

A diving contractor must revise a DSMS—

(a) if developments in scientific or technical knowledge, or in the assessment of hazards, relevant to diving projects make it appropriate to do so; and

(b) if the diving contractor proposes to make a significant change to the method of operation or to procedures or equipment; and

(c) if NOPSEMA gives notice in accordance with regulation 138; and

(d) if a number of minor changes result in the DSMS being significantly different from the latest version of the DSMS accepted by NOPSEMA; and

(e) at the end of each period of 5 years commencing on the later of—

(i) the date when the DSMS is first accepted by NOPSEMA; and

(ii) the date of the most recent acceptance by NOPSEMA of a varied version of the DSMS.

138 Notice to vary DSMS

(1) NOPSEMA may give notice (a variation notice) to a diving contractor to vary a DSMS.

(2) A variation notice must be in writing and must set out—

(a) the matters to be varied; and

(b) the time within which the variation must be completed; and

(c) the reasons why the variation is necessary.

(3) The diving contractor may make a submission in writing to NOPSEMA, within 21 days after receiving the notice or any longer period that NOPSEMA allows in writing, setting out the contractor's reasons for any of the following—

(a) why the variation is not necessary;

(b) why the variation should be in different terms from those proposed;

(c) whether 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.

(4) If a contractor makes a submission under subregulation (3), NOPSEMA must, within 28 days after receiving the submission—

(a) decide whether NOPSEMA accepts the reasons in the submission; and

(b) give the contractor notice in writing affirming, varying or withdrawing the variation notice; and

(c) if NOPSEMA decides not to accept the reasons or any part of them—set out in the notice the grounds for not accepting them.

(5) The contractor must revise the DSMS, in accordance with the notice as originally given or as varied under subregulation (4), and submit it to NOPSEMA.

(6) If the contractor does not revise a DSMS when required by this regulation to do so, NOPSEMA may withdraw its acceptance of the DSMS or its agreement to the use of the DSMS for the project.

Division 3—Diving project plans

139 Diving project plan to be approved

(1) This regulation applies if there is an operator for a diving project.

(2) The diving contractor must prepare a diving project plan for each diving project in consultation with the operator for the project.

(3) The diving project plan must be approved by the operator for the project before diving can commence on the project.

(4) If—

(a) the operator for the project is the operator of more than one facility; and

(b) the diving project relates to more than one such facility—

the diving project plan must be approved by the operator in respect of each such facility.

(5) The operator must not approve the diving project plan unless the operator is satisfied that—

(a) the plan complies with regulation 143; and

(b) there was effective consultation in the preparation of the plan, as required by regulation 145.

140 Diving project plan to NOPSEMA if there is no operator

(1) This regulation applies if there is no operator for a diving project.

(2) The diving contractor must prepare a diving project plan for the diving project and give a copy of the plan to NOPSEMA.

(3) NOPSEMA must not accept the diving project plan unless it is satisfied that—

(a) the plan complies with regulation 143; and

(b) there was effective consultation in the preparation of the plan, as required by regulation 145; and

(c) the diving operations to which the plan relates are appropriate to be covered by a single plan.

141 Diving project plan to NOPSEMA if requested

If NOPSEMA 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 NOPSEMA.

142 Updating diving project plan

(1) A diving contractor for a diving project must keep the diving project plan for the project up to date during the project.

(2) The diving contractor must update the diving project plan if—

(a) because of modification of the project, there is a significant increase in the overall level of risk to a diving operation; or

(b) the 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.

(3) If 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 NOPSEMA for consideration.

143 Contents of diving project plan

(1) A diving project plan must set out the following matters—

(a) a description of the work to be done;

(b) a list of the Commonwealth and State legislation (including this Chapter) that the diving contractor considers applies to the project;

(c) a list of standards and codes of practice that will be applied in carrying out the project;

(d) a hazard identification;

(e) a risk assessment;

(f) a safety management plan;

(g) job hazard analyses for the diving operations;

(h) an emergency response plan;

(i) the provisions of the DSMS and the safety case that are relevant to the diving project, in particular the arrangements in the DSMS and the safety case for simultaneous operations and emergency response;

(j) details of consultation with divers and other members of the workforce working on the project.

(2) The diving project plan must describe each diving operation that is part of the diving project.

(3) The diving project plan must not specify as a diving operation a task that is too complex, or too big, to be supervised safely by one supervisor.

(4) The diving project plan must provide for adequate communications between persons undertaking the project and any relevant—

(a) contractor; and

(b) facility; and

(c) vessel or aircraft; and

(d) on‑shore installation.

144 No diving without approved diving project plan

A diving contractor for a project must not allow a person to dive on the project if—

(a) there is no diving project plan for the project; or

(b) the diving project plan has not been approved by the operator or accepted by NOPSEMA if there is no operator.

Division 4—Involvement of divers and members of the workforce

145 Involvement of divers and members of the workforce in DSMS and diving project plan

(1) In 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—

(a) the project; or

(b) in the case of a DSMS—projects for which the DSMS would be appropriate.

(2) When submitting a DSMS to NOPSEMA for acceptance, the diving contractor must set out in writing, details of the consultation that has taken place, including—

(a) submissions or comments made during the consultation; and

(b) any changes that have been made to the DSMS as a result of the consultation.

Division 5—Safety responsibilities

146 Safety responsibilities of diving contractors

(1) A 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.

(2) A 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.

147 Safety in the diving area

(1) At each place of diving, before the diving operation begins, the diving contractor must make available a copy of—

(a) the instrument by which the diving supervisor was appointed; and

(b) the DSMS; and

(c) the diving project plan that relates to the operation.

(2) A person engaged in a diving operation must comply with—

(a) an instruction given by a diving supervisor for the diving operation about a matter in the diving project plan; and

(b) a direction under regulation 150(3) given to the person by a diving supervisor for the diving operation.

148 Diving depths

(1) The 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.

(2) The 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.

(3) The 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—

(a) a closed diving bell and a suitable mixed gas breathing medium; or

(b) a manned submersible craft.

(4) The 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—

(a) a closed diving bell and a suitable mixed gas breathing medium; or

(b) a manned submersible craft.

Division 6—Diving supervisors

149 Appointment of diving supervisors

(1) The diving contractor responsible for a diving operation must appoint, in writing, one 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.

Regulation 143(3) limits the scope of a diving operation that can be supervised by one diving supervisor.

(2) A diving contractor must not appoint, as a diving supervisor, a person who is not—

(a) qualified as a supervisor under ADAS; and

(b) competent to supervise the operation.

150 Duties of diving supervisors

(1) The duties of a diving supervisor for a diving operation are—

(a) to ensure that the diving operation is carried out—

(i) as far as 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

(ii) in accordance with the law; and

(iii) in accordance with the accepted DSMS for the operation; and

(iv) in accordance with the relevant diving project plan; and

(b) to countersign entries about the operation in divers' log books; and

(c) if there is an operator for the diving project—to report to the operator, during the operation, any of the following—

(i) the death of, or serious personal injury to, a person;

(ii) the incapacitation of a person that prevents the person from performing work for a period of 3 or more days;

(iii) an event that could reasonably have led to a consequence of the type mentioned in subparagraph (i) or (ii);

(iv) a decompression illness;

(v) a pulmonary barotrauma;

(vi) a case of omitted decompression;

(vii) an occurrence for which the standby diver is deployed for an emergency, except for the purposes of training, exercises or drills;

(viii) a failure of life support equipment or man riding equipment.

(2) A diving supervisor must not fail to carry out a duty imposed on the diving supervisor under subregulation (1).

(3) A 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).

(4) A diving supervisor must not dive while the diving supervisor is on duty as diving supervisor.

(5) A 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.

man riding equipment includes any of the following—

(a) an air stage;

(b) a wet bell;

(c) a closed bell;

(d) a guide wire system.

1 If there is no operator for a diving project, another law may require the reporting of accidents and incidents.

2 Regulation 154 requires a diving supervisor to maintain a diving operations record.

Division 7—Start‑up notices

151 Start‑up notice

(1) In this regulation—

start‑up notice, for a diving project, means a written notice, signed by or for the person giving it, dated and containing the following information—

(a) the name, address and telephone number of the diving contractor for the project;

(b) the name, address and telephone number of a person who can be contacted by NOPSEMA at any time during the project;

(c) the date when diving is expected to begin;

(d) the expected duration of the project;

(e) the location of the project;

(f) the depth to which divers will dive;

(g) the purpose of the diving project;

(h) the estimated number of people to be engaged in the project;

(i) the breathing mixture to be used;

(j) the title, document number and variation number of the diving project plan for the project.

(2) The 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 NOPSEMA—

(a) at least 14 days before the day when diving is to begin; or

(b) on another day as agreed between NOPSEMA and the operator.

(3) If 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 NOPSEMA—

(a) at least 14 days before the day when diving is to begin; or

(b) on another day as agreed between NOPSEMA and the diving contractor.

Division 8—Diving operations