264Requirement for new or varied operation plans

264 Requirement for new or varied operation plans (1) Despite anything in Division 1 of Part 11, before carrying out a petroleum operation under a relevant authority on or after 1 July 2021, the holder of the relevant authority must— (a) give the Minister a new operation plan in accordance with section 161(1) that replaces the accepted operation plan in relation to the petroleum operation; or (b) apply to vary the accepted operation plan under section 163. (2) If the holder of the relevant authority applies to vary the accepted operation plan, the proposed variation must include any of the following that were not identified, specified or set out in the accepted operation plan— (a) risks that the petroleum operation may pose to the environment, to any member of the public, land or property in the vicinity of the operation and to any petroleum, source of petroleum or reservoir that the operation might affect; (b) measures that the holder of the relevant authority will take to eliminate or minimise those risks; (c) measures that the holder of the authority will take to rehabilitate the land that will be affected by the operation; (d) other matters required by the regulations. (3) The holder of the relevant authority must not carry out the petroleum operation unless— (a) if the holder gives the Minister a new operation plan, the Minister has accepted the new operation plan in writing; or (b) if the holder has applied to vary the accepted operation plan, the Minister permits the holder to vary the accepted operation plan. Endnotes 1 General information See [www.legislation.vic.gov.au](http://www.legislation.vic.gov.au) for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information. *Minister's second reading speech—* *Legislative Assembly: 3 September 1998* *Legislative Council: 21 October 1998* The long title for the Bill for this Act was "A Bill to repeal and re-enact, with amendments, the **Petroleum Act 1958** and for other purposes." The **Petroleum Act 1998** was assented to on 24 November 1998 and came into operation as follows: Part 1 (sections 1–10) on 24 November 1998: section 2(1); rest of Act on 1 December 1999: section 2(3). INTERPRETATION OF LEGISLATION ACT 1984 (ILA) Style changes Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act. References to ILA s. 39B Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original section or clause. Interpretation As from 1 January 2001, amendments to section 36 of the ILA have the following effects: • Headings All headings included in an Act which is passed on or after 1 January 2001 form part of that Act. Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms. See section 36(1A)(2A). • Examples, diagrams or notes All examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act. Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act. See section 36(3A). • Punctuation All punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act. Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. See section 36(3B). • Provision numbers All provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001. Provision numbers include section numbers, subsection numbers, paragraphs and subparagraphs. See section 36(3C). • Location of "legislative items" A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of an Act is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B. • Other material Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act. See section 36(3)(3D)(3E). 2 Table of Amendments This publication incorporates amendments made to the **Petroleum Act 1998** by Acts and subordinate instruments. ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– **Fisheries (Amendment) Act 2003, No. 56/2003** | Assent Date: | 16.6.03 | | Commencement Date: | S. 11(Sch. item 14) on 17.6.03: s. 2 | **Occupational Health and Safety Act 2004, No. 107/2004** | Assent Date: | 21.12.04 | | Commencement Date: | S. 183 on 1.7.05: s. 3(1) | **Pipelines Act 2005, No. 61/2005** | Assent Date: | 20.9.05 | | Commencement Date: | S. 220 on 1.4.07: Government Gazette 29.3.07 p. 532 | | Current State: | This information relates only to the provisions amending the **Petroleum Act 1998** | **Aboriginal Heritage Act 2006, No. 16/2006** | Assent Date: | 9.5.06 | | Commencement Date: | S. 198(Sch. 2 item 6) on 28.5.07: Government Gazette 24.5.07 p. 921 | **Mineral Resources Development (Sustainable Development) Act 2006, No. 63/2006** | Assent Date: | 29.8.06 | | Commencement Date: | S. 61(Sch. item 27) on 30.8.06: s. 2(1) | **Energy and Resources Legislation Amendment Act 2008, No. 25/2008** | Assent Date: | 3.6.08 | | Commencement Date: | S. 21 on 4.6.08: s. 2(1) | **Energy and Resources Legislation Amendment Act 2009, No. 57/2009** | Assent Date: | 21.10.09 | | Commencement Date: | Ss 35–41 on 1.1.10: Government Gazette 10.12.09 p. 3215 | **Offshore Petroleum and Greenhouse Gas Storage Act 2010, No. 10/2010** | Assent Date: | 23.3.10 | | Commencement Date: | S. 800(Sch. 6 item 11) on 1.1.12: s. 2(2) | **Energy and Resources Legislation Amendment Act 2010, No. 55/2010** | Assent Date: | 14.9.10 | | Commencement Date: | Ss 57–65 on 14.10.10: Government Gazette 14.10.10 p. 2404 | **Traditional Owner Settlement Act 2010, No. 62/2010** | Assent Date: | 21.9.10 | | Commencement Date: | S. 144 on 23.9.10: Special Gazette (No. 382) 22.9.10 p. 1 | **Personal Property Securities (Statute Law Revision and Implementation) Act 2010, No. 74/2010** | Assent Date: | 19.10.10 | | Commencement Date: | S. 30 on 30.1.12: Special Gazette (No. 423) 21.12.11 p. 3 | **Statute Law Revision Act 2011, No. 29/2011** | Assent Date: | 21.6.11 | | Commencement Date: | S. 3(Sch. 1 item 67) on 22.6.11: s. 2(1) | **Water Amendment (Governance and Other Reforms) Act 2012, No. 17/2012** | Assent Date: | 3.4.12 | | Commencement Date: | S. 93 on 1.7.12: Special Gazette (No. 172) 29.5.12 p. 1 | **Resources Legislation Amendment (General) Act 2012, No. 64/2012** | Assent Date: | 30.10.12 | | Commencement Date: | Ss 46–61 on 1.12.12: Special Gazette (No. 399) 27.11.12 p. 1 | **Statute Law Revision Act 2013, No. 70/2013** | Assent Date: | 19.11.13 | | Commencement Date: | S. 4(Sch. 2 item 34) on 1.12.13: s. 2(1) | **Resources Legislation Amendment (BTEX Prohibition and Other Matters) Act 2014, No. 68/2014** | *Assent Date:* | 23.9.14 | | *Commencement Date:* | Ss 70, 71 on 1.9.15: s. 2(3) | | *Current State:* | This information relates only to the provision/s amending the **Petroleum Act 1998** | **Resources Legislation Amendment (Fracking Ban) Act 2017, No. 8/2017** | *Assent Date:* | 15.3.17 | | *Commencement Date:* | Ss 8–11 on 16.3.17: s. 2 | | *Current State:* | This information relates only to the provision/s amending the **Petroleum Act 1998** | **Environment Protection Amendment Act 2018, No. 39/2018** (as amended by No. 11/2020) | Assent Date: | 28.8.18 | | Commencement Date: | S. 48 on 1.7.21: Special Gazette (No. 124) 16.3.21 p. 1 | **Petroleum Legislation Amendment Act 2020, No. 20/2020** | Assent Date: | 23.6.20 | | Commencement Date: | Ss 5, 6, 24, 26, 27 on 24.6.20: s. 2(2); s. 28 on 6.10.20: Special Gazette (No. 504) 6.10.20. p. 1; ss 4, 7–23, 25, 29 on 1.7.21: s. 2(4) | **Statute Law Revision Act 2025, No. 41/2025** | Assent Date: | 21.10.25 | | Commencement Date: | S. 4(Sch. 2 item 21) on 22.10.25: s. 2 | ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– 3 Explanatory details 1. Pt 9: Section 128 also effectively requires the consent of the owner or occupier of private land before any petroleum operation can start on that land. [↑](#endnote-ref-2) 2. Pt 9 Div. 1: Section 40(2) of the **National Parks Act 1975** forbids petroleum operations on any land that is a national, State or other park under the **National Parks Act 1975** without the consent of the Minister responsible for that Act. [↑](#endnote-ref-3)