sec.670What is an operating plant

### sec.670 What is an operating plant This section applies subject to section 671 . An operating plant is any of the following— a facility used to explore for, produce or process petroleum, including machinery used for completing, maintaining, repairing, converting or decommissioning a petroleum well; machinery known in the petroleum and gas industry as a work over rig a facility that— is related to the exploration, production or processing of petroleum; and is used to take, interfere with or treat associated water and any petroleum incidentally collected with the water; a petroleum facility; a pipeline authorised under a petroleum authority, other than a pipeline that transports only an excluded compound or produced water without any petroleum; a distribution pipeline; a distribution system; a facility that is in the area of a geothermal tenure and is used for— geothermal exploration other than for wet geothermal production; or geothermal production other than wet geothermal production; the following facilities if they are not used for wet geothermal production— a drilling rig for a geothermal well equipment used for injecting into, maintaining or repairing a geothermal well pipes and associated valves used in the geothermal production process a facility that is in the area of a GHG authority and is— used for GHG storage exploration or GHG stream storage; or involved in GHG storage injection testing; a GHG stream pipeline under the GHG storage Act ; a facility used to drill, complete, maintain, repair, convert or decommission an authorised water bore. However, if a facility has, under a regulation under the Work Health and Safety Act 2011 , been classified as a major hazard facility, it is an operating plant only to the extent to which that Act does not apply to the facility. Subsection (2) applies for a facility or pipeline even if it is— an on-site activity as defined under the Coal Mining Safety and Health Act ; or an operation as defined under the Mining and Quarrying Safety and Health Act 1999 . An operating plant is also a place, or a part of a place, at which a following activity is carried out, but only to the extent of the carrying out of the activity— a fuel gas delivery network prescribed under a regulation; an authorised activity under an authority if the activity is a geophysical survey for data acquisition; an underground gasification activity; another activity prescribed under a regulation and associated with the production, delivery, storage, transport, treatment or use of petroleum or fuel gas. An operating plant is also— all of the authorised activities for a petroleum authority other than authorised activities related to the operation of a pipeline used only to transport an excluded compound; or all of the authorised activities for a geothermal tenure or GHG authority; or all of the authorised activities for a mineral hydrocarbon mining lease that are not a coal mining operation or an on-site activity under the Coal Mining Safety and Health Act . For subsection (6) (a) , (b) and (c) — the operating plant is all of the authorised activities jointly; and the authorised activities are an operating plant severally only if they are an operating plant under subsection (2) or (5) . To remove any doubt, for subsection (2) it is declared that the following are not an operating plant— a facility relating to geothermal energy to the extent any part of its processes happen after an isolation valve or distribution point where the pipeline transporting the energy ends at the entry to the facility; a facility that produces a GHG stream at its source before the stream enters a GHG pipeline that transports the stream, or the stream is otherwise transported, to a GHG storage site under the GHG storage Act ; a facility mentioned in subsection (2) (j) for an authorised water bore after either of the following happens— a transfer of the bore takes effect under section 288 or the 1923 Act , section 75Q ; the bore is decommissioned and the relevant time for the bore under section 294 (2) or the 1923 Act , section 75W (2) passes. A reference to an operating plant includes a reference to each stage of the plant that has commenced. In this section— authorised water bore means a water injection bore, water observation bore or water supply bore that a relevant holder or a person for the relevant holder— drills or converts under this Act or the 1923 Act ; or decommissions under this Act or the 1923 Act . excluded compound means a substance that is— prescribed under section 11A (c) ; and declared by regulation to be an excluded compound for this section. geothermal exploration see the Geothermal Act , section 13 . geothermal well see the Geothermal Act , schedule 3 . GHG storage exploration see the GHG storage Act , section 15 . GHG storage injection testing see the GHG storage Act , section 16 . petroleum authority means— a petroleum authority under section 18 (2) ; or an authority to prospect, petroleum lease, or water monitoring authority, under the 1923 Act . relevant holder means the holder of a petroleum tenure, water monitoring authority, 1923 Act petroleum tenure or water monitoring authority under the 1923 Act . s 670 amd 2005 No. 3 s 82 ; 2007 No. 46 s 210 ; 2008 No. 33 s 122 ; 2009 No. 3 s 566 ; 2010 No. 17 s 77 ; 2011 No. 18 s 404 sch 4 pt 1 ; 2010 No. 31 s 555 ; 2012 No. 20 s 114 ; 2013 No. 23 s 176 ; 2013 No. 23 s 184 ; 2014 No. 47 s 637 ; 2018 No. 24 s 221 ; 2019 No. 7 ss 257 , 276 ; 2023 No. 25 s 27 ; 2024 No. 34 s 233 (sec.670-ssec.1) This section applies subject to section 671 . (sec.670-ssec.2) An operating plant is any of the following— a facility used to explore for, produce or process petroleum, including machinery used for completing, maintaining, repairing, converting or decommissioning a petroleum well; machinery known in the petroleum and gas industry as a work over rig a facility that— is related to the exploration, production or processing of petroleum; and is used to take, interfere with or treat associated water and any petroleum incidentally collected with the water; a petroleum facility; a pipeline authorised under a petroleum authority, other than a pipeline that transports only an excluded compound or produced water without any petroleum; a distribution pipeline; a distribution system; a facility that is in the area of a geothermal tenure and is used for— geothermal exploration other than for wet geothermal production; or geothermal production other than wet geothermal production; the following facilities if they are not used for wet geothermal production— a drilling rig for a geothermal well equipment used for injecting into, maintaining or repairing a geothermal well pipes and associated valves used in the geothermal production process a facility that is in the area of a GHG authority and is— used for GHG storage exploration or GHG stream storage; or involved in GHG storage injection testing; a GHG stream pipeline under the GHG storage Act ; a facility used to drill, complete, maintain, repair, convert or decommission an authorised water bore. (sec.670-ssec.3) However, if a facility has, under a regulation under the Work Health and Safety Act 2011 , been classified as a major hazard facility, it is an operating plant only to the extent to which that Act does not apply to the facility. (sec.670-ssec.4) Subsection (2) applies for a facility or pipeline even if it is— an on-site activity as defined under the Coal Mining Safety and Health Act ; or an operation as defined under the Mining and Quarrying Safety and Health Act 1999 . (sec.670-ssec.5) An operating plant is also a place, or a part of a place, at which a following activity is carried out, but only to the extent of the carrying out of the activity— a fuel gas delivery network prescribed under a regulation; an authorised activity under an authority if the activity is a geophysical survey for data acquisition; an underground gasification activity; another activity prescribed under a regulation and associated with the production, delivery, storage, transport, treatment or use of petroleum or fuel gas. (sec.670-ssec.6) An operating plant is also— all of the authorised activities for a petroleum authority other than authorised activities related to the operation of a pipeline used only to transport an excluded compound; or all of the authorised activities for a geothermal tenure or GHG authority; or all of the authorised activities for a mineral hydrocarbon mining lease that are not a coal mining operation or an on-site activity under the Coal Mining Safety and Health Act . (sec.670-ssec.7) For subsection (6) (a) , (b) and (c) — the operating plant is all of the authorised activities jointly; and the authorised activities are an operating plant severally only if they are an operating plant under subsection (2) or (5) . (sec.670-ssec.8) To remove any doubt, for subsection (2) it is declared that the following are not an operating plant— a facility relating to geothermal energy to the extent any part of its processes happen after an isolation valve or distribution point where the pipeline transporting the energy ends at the entry to the facility; a facility that produces a GHG stream at its source before the stream enters a GHG pipeline that transports the stream, or the stream is otherwise transported, to a GHG storage site under the GHG storage Act ; a facility mentioned in subsection (2) (j) for an authorised water bore after either of the following happens— a transfer of the bore takes effect under section 288 or the 1923 Act , section 75Q ; the bore is decommissioned and the relevant time for the bore under section 294 (2) or the 1923 Act , section 75W (2) passes. (sec.670-ssec.9) A reference to an operating plant includes a reference to each stage of the plant that has commenced. (sec.670-ssec.10) In this section— authorised water bore means a water injection bore, water observation bore or water supply bore that a relevant holder or a person for the relevant holder— drills or converts under this Act or the 1923 Act ; or decommissions under this Act or the 1923 Act . excluded compound means a substance that is— prescribed under section 11A (c) ; and declared by regulation to be an excluded compound for this section. geothermal exploration see the Geothermal Act , section 13 . geothermal well see the Geothermal Act , schedule 3 . GHG storage exploration see the GHG storage Act , section 15 . GHG storage injection testing see the GHG storage Act , section 16 . petroleum authority means— a petroleum authority under section 18 (2) ; or an authority to prospect, petroleum lease, or water monitoring authority, under the 1923 Act . relevant holder means the holder of a petroleum tenure, water monitoring authority, 1923 Act petroleum tenure or water monitoring authority under the 1923 Act . - (a) a facility used to explore for, produce or process petroleum, including machinery used for completing, maintaining, repairing, converting or decommissioning a petroleum well; Example of machinery used for maintaining or repairing a petroleum well— machinery known in the petroleum and gas industry as a work over rig - (b) a facility that— (i) is related to the exploration, production or processing of petroleum; and (ii) is used to take, interfere with or treat associated water and any petroleum incidentally collected with the water; - (i) is related to the exploration, production or processing of petroleum; and - (ii) is used to take, interfere with or treat associated water and any petroleum incidentally collected with the water; - (c) a petroleum facility; - (d) a pipeline authorised under a petroleum authority, other than a pipeline that transports only an excluded compound or produced water without any petroleum; - (e) a distribution pipeline; - (f) a distribution system; - (g) a facility that is in the area of a geothermal tenure and is used for— (i) geothermal exploration other than for wet geothermal production; or (ii) geothermal production other than wet geothermal production; Examples— the following facilities if they are not used for wet geothermal production— • a drilling rig for a geothermal well • equipment used for injecting into, maintaining or repairing a geothermal well • pipes and associated valves used in the geothermal production process - (i) geothermal exploration other than for wet geothermal production; or - (ii) geothermal production other than wet geothermal production; - • a drilling rig for a geothermal well - • equipment used for injecting into, maintaining or repairing a geothermal well - • pipes and associated valves used in the geothermal production process - (h) a facility that is in the area of a GHG authority and is— (i) used for GHG storage exploration or GHG stream storage; or (ii) involved in GHG storage injection testing; - (i) used for GHG storage exploration or GHG stream storage; or - (ii) involved in GHG storage injection testing; - (i) a GHG stream pipeline under the GHG storage Act ; - (j) a facility used to drill, complete, maintain, repair, convert or decommission an authorised water bore. - (i) is related to the exploration, production or processing of petroleum; and - (ii) is used to take, interfere with or treat associated water and any petroleum incidentally collected with the water; - (i) geothermal exploration other than for wet geothermal production; or - (ii) geothermal production other than wet geothermal production; - • a drilling rig for a geothermal well - • equipment used for injecting into, maintaining or repairing a geothermal well - • pipes and associated valves used in the geothermal production process - (i) used for GHG storage exploration or GHG stream storage; or - (ii) involved in GHG storage injection testing; - (a) an on-site activity as defined under the Coal Mining Safety and Health Act ; or - (b) an operation as defined under the Mining and Quarrying Safety and Health Act 1999 . - (a) a fuel gas delivery network prescribed under a regulation; - (b) an authorised activity under an authority if the activity is a geophysical survey for data acquisition; - (c) an underground gasification activity; - (d) another activity prescribed under a regulation and associated with the production, delivery, storage, transport, treatment or use of petroleum or fuel gas. - (a) all of the authorised activities for a petroleum authority other than authorised activities related to the operation of a pipeline used only to transport an excluded compound; or - (b) all of the authorised activities for a geothermal tenure or GHG authority; or - (c) all of the authorised activities for a mineral hydrocarbon mining lease that are not a coal mining operation or an on-site activity under the Coal Mining Safety and Health Act . - (a) the operating plant is all of the authorised activities jointly; and - (b) the authorised activities are an operating plant severally only if they are an operating plant under subsection (2) or (5) . - (a) a facility relating to geothermal energy to the extent any part of its processes happen after an isolation valve or distribution point where the pipeline transporting the energy ends at the entry to the facility; - (b) a facility that produces a GHG stream at its source before the stream enters a GHG pipeline that transports the stream, or the stream is otherwise transported, to a GHG storage site under the GHG storage Act ; - (c) a facility mentioned in subsection (2) (j) for an authorised water bore after either of the following happens— (i) a transfer of the bore takes effect under section 288 or the 1923 Act , section 75Q ; (ii) the bore is decommissioned and the relevant time for the bore under section 294 (2) or the 1923 Act , section 75W (2) passes. - (i) a transfer of the bore takes effect under section 288 or the 1923 Act , section 75Q ; - (ii) the bore is decommissioned and the relevant time for the bore under section 294 (2) or the 1923 Act , section 75W (2) passes. - (i) a transfer of the bore takes effect under section 288 or the 1923 Act , section 75Q ; - (ii) the bore is decommissioned and the relevant time for the bore under section 294 (2) or the 1923 Act , section 75W (2) passes. - (a) drills or converts under this Act or the 1923 Act ; or - (b) decommissions under this Act or the 1923 Act . - (a) prescribed under section 11A (c) ; and - (b) declared by regulation to be an excluded compound for this section. - (a) a petroleum authority under section 18 (2) ; or - (b) an authority to prospect, petroleum lease, or water monitoring authority, under the 1923 Act .