Petroleum and Geothermal Energy Resources (Environment) Regulations 2012 (Western Australia)

These regulations create a standalone environmental framework for petroleum and geothermal activities in Western Australia. They require an approved environment plan for any activity (regulation 6), prescribe what those plans must contain (regulations 13-17), set approval procedures and timeframes (regulations 9-12), and establish ongoing duties for monitoring, reporting and recordkeeping (Parts 3 and 4). The Minister must approve a plan only if reasonably satisfied it is appropriate for the nature and scale of the activity and demonstrates that environmental impacts and risks will be reduced to as low as is reasonably practicable and will be of an acceptable level (regulation 11(1)(a)-(c)). The regulations also impose operational limits for certain discharges, most notably a 30 mg/L average petroleum concentration limit for produced formation water discharged to sea (regulation 33(1)(a)), and require prior written consent before use of chemical dispersants on oil spills (regulation 35).

The stated object of the instrument is to ensure activities are carried out consistent with the principles of ecologically sustainable development and in accordance with environment plans that include objectives, standards and measurement criteria (regulation 3). The mechanics to achieve that object are: preventive approval of plans before commencement (regulation 9(1)), specified plan contents and performance standards (regulations 14-16), mandatory consultation, testing and training requirements in implementation strategies (regulation 15), incident notification and reporting duties (regulations 28-30), monitoring and periodic reporting of emissions and discharges (regulation 34), record retention and access (regulations 31-32), and a statutory process to revise or withdraw approvals (Divisions 4 and 5).

Decision authority and discretion are concentrated in the Minister. The Minister approves or refuses plans, may approve in part or impose limitations and conditions (regulation 11(4)), may require revisions (regulation 19), and may withdraw approval on prescribed grounds (regulation 25). The regulations set procedural steps for consultation with, and notice to, operators before withdrawal (regulation 26) and require the Minister to give reasons for certain decisions (regulations 11(6), 12(6), 25(2)). Penalties for non‑compliance are tiered and specified in the text, ranging from fines for failure to have an approved plan or to submit revisions (commonly $10 000) to smaller fines for recordkeeping failures ($4 000) or some reporting failures ($5 500).

CrestWestern Australia

Petroleum and Geothermal Energy Resources Act 1967

Petroleum and Geothermal Energy Resources (Environment) Regulations 2012

Western Australia

Petroleum and Geothermal Energy Resources (Environment) Regulations 2012

Contents

Part 1 — Preliminary

Citation 1
Commencement 1
Object of regulations 1
Terms used 2
References to activity 6

Part 2 — Environment plans

Division 1 — Requirement for environment plan

Approved environment plan required for activity 7
Activity must comply with approved environment plan 7
Activity must not continue if new or increased environmental impact or environmental risk identified 7

Division 2 — Approval of environment plan

Submission of environment plan 8
Time limit for approving or not approving environment plan 9
Approval of environment plan 9
Approval of oil spill contingency plan submitted in accordance with condition imposed by Minister 12

Division 3 — Contents of environment plan

Contents of environment plan 13
Environmental assessment 13
Implementation strategy for environment plan 15
Monitoring, recording and reporting arrangements 18
Other information in environment plan 18

Division 4 — Revision of environment plan

Revision because of a change, or proposed change, of circumstances or activity 19
Revision required by Minister 20
Revision every 5 years 21
Form of proposed revision 22
Approval of revised environment plan 22
Additional requirement for revision of oil spill contingency plan 23
Effect of non‑approval of proposed revision 24

Division 5 — Withdrawal of approval of environment plan

Withdrawal of approval of environment plan 24
Steps to be taken before withdrawal of approval 25
Withdrawal of approval not affected by other provisions 26

Part 3 — Incidents, reports and records

Notifying reportable incidents 27
Written report of reportable incidents 27
Written report of recordable incidents 28
Storage of records 29
Making records available 30

Part 4 — Environmental requirements

Division 1 — Requirements relating to emissions and discharges

Discharge, injection or re‑injection of produced formation water resulting from petroleum activity 32
Monitoring and reporting on emissions and discharges 33

Division 2 — Requirement relating to oil spills

Application of chemical dispersant to oil spills 35

Part 5 — Operators of activities

Term used: contact details 36
Requirement for, and notification of, operator 36
Operator to give details 36
No requirement to give information more than once 38
Minister may decline to consider submission if information not given 38
Minister to keep register 38

Part 6 — Transitional provisions

Terms used 39
Environmental management plans in force before commencement day 39
Environmental management plans submitted before commencement day 41
Activities for which no environmental management plan in force before commencement day 41

Notes

Compilation table 43

Western Australia

Petroleum and Geothermal Energy Resources Act 1967

Petroleum and Geothermal Energy Resources (Environment) Regulations 2012

Part 1 — Preliminary

1. Citation

	These regulations are the *Petroleum and Geothermal Energy Resources (Environment) Regulations 2012*.

2. Commencement

These regulations come into operation as follows —

(a) regulations 1 and 2 — on the day on which these regulations are published in the Gazette;

(b) the rest of the regulations — on the day after that day.

3. Object of regulations

The object of these regulations is to ensure that any petroleum activity or geothermal activity carried out in the State is —

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

(b) carried out in accordance with an environment plan that —

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

(ii) has appropriate environmental performance objectives and environmental performance standards; and

(iii) has appropriate measurement criteria for determining whether those objectives and standards have been met.

4. Terms used

In these regulations, unless the contrary intention appears —

activity means a petroleum activity or a geothermal activity;

approved, in relation to an environment plan, means approved by the Minister under regulation 11;

environment means —

(a) ecosystems and their constituent parts, including people and communities; and

(b) natural and physical resources; and

(d) the heritage value of places,

and includes the social, economic and cultural features of the matters mentioned in paragraphs (a), (b), (c) and (d);

environment plan, in relation to an activity, means an environment plan submitted by the operator of the activity that is approved and revised from time to time under these regulations, but does not include —

(a) if the environment plan is approved in part — that part of the plan that is not approved; or

(b) an environment plan for which the approval has been withdrawn;

environmental impact means any change to the environment, whether adverse or beneficial, that wholly or partly results from an activity of an operator;

environmental performance means the performance of an operator in relation to the environmental performance objectives and environmental performance standards provided for in an environment plan;

environmental performance objective means an environmental performance objective included in an environment plan under regulation 14(5)(a);

environmental performance standard means an environmental performance standard included in an environment plan under regulation 14(5)(b);

environmental risk means the chance of something happening that will have an adverse environmental impact, measured in terms of the environmental consequences and the likelihood of those particular consequences occurring;

geothermal activity means —

(a) any operations or works carried out in the State under a geothermal instrument; or

(b) any other operations or works carried out in the State relating to geothermal exploration or development which may have an environmental impact,

and includes —

(d) drilling; and

(e) hydraulic fracturing; and

(f) construction and installation of a facility; and

(g) operation of a facility; and

(h) modification of a facility; and

(i) decommissioning, dismantling or removing a facility; and

(j) processing or transport of geothermal energy;

geothermal instrument means —

(a) a geothermal exploration permit; or

(b) a geothermal drilling reservation; or

(d) a geothermal production licence; or

(e) a geothermal access authority; or

(f) a geothermal special prospecting authority; or

(g) any other authority or consent granted by instrument under the Act for the carrying out of operations or works in the State relating to geothermal exploration or development;

instrument holder, for an activity, means the registered holder of a petroleum instrument or a geothermal instrument for the activity, and includes a permittee, lessee, licensee or registered holder of a drilling reservation, access authority or special prospecting authority for the activity;

nominated address, for an operator, means the address of the operator of which notice has been given under regulation 38(5)(a);

operator, of an activity, means —

(a) if there is a person recorded by the Minister as the operator of the activity under regulation 41 — that person; or

(b) in any other case —

(i) if there is a petroleum instrument or geothermal instrument for the activity — the person responsible to the instrument holder for the overall management and operation of the activity (whether or not the activity has commenced); or

(ii) if there is no petroleum instrument or geothermal instrument for the activity — the person carrying out the activity;

petroleum activity means —

(a) any operations or works carried out in the State under a petroleum instrument; or

(b) any other operations or works carried out in the State relating to petroleum exploration or development which may have an environmental impact,

and includes —

(d) drilling; and

(e) hydraulic fracturing; and

(f) construction and installation of a facility; and

(g) operation of a facility; and

(h) modification of a facility; and

(i) decommissioning, dismantling or removing a facility; and

(j) storage of petroleum;

petroleum instrument means —

(a) a petroleum exploration permit; or

(b) a petroleum drilling reservation; or

(d) a petroleum production licence; or

(e) a petroleum access authority; or

(f) a petroleum special prospecting authority; or

(g) any other authority or consent granted by instrument under the Act for the carrying out of operations or works in the State relating to petroleum exploration or development;

produced formation water means natural aqueous fluid recovered from a petroleum reservoir in association with petroleum;

recordable incident, for an operator of an activity, means an incident arising from the activity that —

(a) breaches an environmental performance objective or environmental performance standard in the environment plan for the activity; and

(b) is not a reportable incident;

reportable incident, for an operator of an activity, means —

(a) an incident that is classified as a reportable incident under the environment plan for the activity; or

(b) an incident arising from the activity if —

(i) the incident has caused, or has the potential to cause, an adverse environmental impact; and

(ii) under the environmental risk assessment process described in the environment plan for the activity, that environmental impact is categorised as moderate or more serious than moderate;

revise, for an environment plan, includes to extend or modify;

State has the meaning given in section 26 of the Act;

treatment fluid means any fluid introduced into a well for the purposes of an activity and includes drilling fluid, drilling mud, stimulation fluid and fracturing fluid.

5. References to activity

A reference in these regulations to an activity includes, unless the contrary intention appears, a reference to —

(a) a proposed activity; and

(b) any stage of an activity.

Part 2 — Environment plans

Division 1 — Requirement for environment plan

6. Approved environment plan required for activity

The operator of an activity commits an offence if —

(a) the operator carries out the activity; and

(b) there is no environment plan for the activity.

Penalty: a fine of $10 000.

7. Activity must comply with approved environment plan

(1) The operator of an activity commits an offence if the operator carries out the activity in a way that is contrary to —

(a) the environment plan for the activity; or

(b) any limitation or condition applying to the activity under regulation 11(4)(b).

Penalty: a fine of $10 000.

(2) Subregulation (1) does not apply to the operator if the operator has the written consent of the Minister to carry out the activity in that way.

(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 —

(a) the occurrence of any significant new environmental impact or environmental risk; or

(b) the occurrence of a significant increase in any existing environmental impact or environmental risk.

8. Activity must not continue if new or increased environmental impact or environmental risk identified

(1) The operator of an activity commits an offence if —

(a) the operator carries out the activity after the occurrence of —

(i) any significant new environmental impact or environmental risk arising from the activity; or

(ii) a significant increase in any existing environmental impact or environmental risk arising from the activity;

and

(b) the new impact or risk, or increase in the impact or risk, is not provided for in the environment plan for the activity.

Penalty: a fine of $10 000.

(2) Subregulation (1) does not apply to the operator if —

(a) the operator has submitted a proposed revision of the environment plan in accordance with regulation 18; and

(b) the Minister has not refused to approve the revision.

Division 2 — Approval of environment plan

9. Submission of environment plan

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

(2) An environment plan may be submitted for one or more stages of the activity if the operator and the Minister so agree.

(3) An environment plan —

(a) must be in writing in a form approved by the Minister; and

(b) if the Minister approves — may relate to a specified activity in one or more identified locations specified in the plan.

10. Time limit for approving or not approving environment plan

(1) Within 30 days after an operator submits an environment plan, the Minister must —

(a) approve the plan under regulation 11; or

(b) refuse to approve the plan; or

(c) give written notice to the operator stating that the Minister is unable to make a decision about the plan within the period of 30 days, and setting out a proposed timetable for consideration of the plan.

(2) A decision by the Minister to approve, or refuse to approve, an environment plan is not invalid only because the Minister did not comply with subregulation (1) in relation to the plan.

(3) This regulation applies to an environment plan resubmitted in accordance with regulation 11(2) in the same way that it applies to the plan when first submitted.

11. Approval of environment plan

(1) The Minister must approve the environment plan if the Minister is reasonably satisfied that the plan —

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

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

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

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

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

(f) for the requirement mentioned in regulation 17(1)(b) — demonstrates that there has been an appropriate level of consultation with relevant authorities and interested persons and organisations; and

(g) complies with Division 3.

(2) If the Minister is not reasonably satisfied that the environment plan when first submitted meets the criteria set out in subregulation (1), the Minister must give the operator a reasonable opportunity to modify and resubmit the plan.

(3) If, after the operator has had a reasonable opportunity to modify and resubmit the environment plan, the Minister is still not reasonably satisfied that the plan meets the criteria set out in subregulation (1), the Minister must refuse to approve the plan.

(4) Despite subregulations (2) and (3), the Minister may do one or more of the following —

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

(b) approve the plan subject to the imposition of limitations or conditions applying to the activity;

(c) if the environment plan does not include an oil spill contingency plan as required by regulation 15(10) — approve the plan subject to a condition that the operator must not commence the activity before an oil spill contingency plan is approved for the activity.

(5) The Minister must give the operator written notice of a decision by the Minister —

(a) to approve the plan; or

(b) not to approve the plan; or

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

(ii) approve the plan subject to the imposition of limitations or conditions applying to the activity.

(6) A notice under subregulation (5)(b) or (c) must set out —

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

(b) if limitations or conditions are to apply to the activity — those limitations or conditions.

(7) Within 10 days after receiving a notification that the Minister has approved an environment plan under subregulation (5)(a), the operator must submit to the Minister for public disclosure a summary of the plan.

Penalty: a fine of $5 500.

(8) A summary submitted under subregulation (7) must include the following —

(a) the contact details of the operator of the activity or the operator’s agent;

(b) the location or locations of the activity;

(d) a summary of —

(i) the details of the construction and layout of any facility; and

(ii) the operational details of the activity and proposed timetables; and

(iii) the environmental impacts and environmental risks of the activity; and

(iv) the implementation strategy included in the environment plan; and

(v) the consultation that has been undertaken during the development of the environment plan and that is to be undertaken in accordance with the implementation strategy;

(e) any details required to be included in the implementation strategy under regulation 15(9).

(9) If the Minister is not reasonably satisfied that a summary submitted under subregulation (7) meets the criteria set out in subregulation (8), the Minister may give the operator written notice that the operator must modify and resubmit the summary within 10 days after receiving the notice.

(10) Within 10 days after receiving a notice under subregulation (9) in relation to a summary of an environment plan, the operator must modify and resubmit the summary.

Penalty for an offence under subregulation (10): a fine of $5 500.

12. Approval of oil spill contingency plan submitted in accordance with condition imposed by Minister

(1) This regulation applies if —

(a) the Minister approves an environment plan that does not include an oil spill contingency plan; and

(b) the approval is subject to a condition imposed under regulation 11(4)(c); and

(2) The Minister must approve the oil spill contingency plan if the Minister is satisfied that the plan —

(a) complies with regulation 15(10); and

(b) is appropriate for the nature and scale of the activity.

(3) If the Minister is not reasonably satisfied that the oil spill contingency plan when first submitted meets the criteria set out in subregulation (2), the Minister must give the operator a reasonable opportunity to modify and resubmit the plan.

(4) If, after the operator has had a reasonable opportunity to modify and resubmit the oil spill contingency plan, the Minister is still not reasonably satisfied that the plan meets the criteria set out in subregulation (2), the Minister must refuse to approve the plan.

(5) The Minister must give the operator written notice of a decision by the Minister —

(a) to approve the oil spill contingency plan; or

(b) not to approve the oil spill contingency plan.

(6) A notice under subregulation (5) must set out the terms of the decision and the reasons for it.

(7) If the Minister approves an oil spill contingency plan for an activity under this regulation, the environment plan for the activity is taken to be revised to include the oil spill contingency plan.

(8) To avoid doubt, a revision of an environment plan under this regulation does not affect any other requirement to revise the environment plan under regulation 18, 19 or 20.

Division 3 — Contents of environment plan

13. Contents of environment plan

An environment plan for an activity must include the matters set out in regulations 14, 15, 16 and 17.

14. Environmental assessment

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

(a) the location or locations of the activity;

(b) details of the construction and layout of any facility;

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

(2) The environment plan must —

(a) describe the existing 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 include —

(a) details of all environmental impacts and environmental risks of the activity; and

(b) an evaluation of those impacts and risks; and

(c) a description of the environmental risk assessment process used to evaluate those impacts and risks, including the terms used in that process to categorise the levels of seriousness of those impacts and risks.

(4) For the avoidance of doubt, the evaluation mentioned in subregulation (3)(b) must evaluate all the environmental impacts and environmental risks arising directly or indirectly from —

(a) all aspects of the activity; and

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

(5) The environment plan must include —

(a) environmental performance objectives that define the goals of the operator in relation to the —

(i) processes, policies and practices to be followed; and

(ii) equipment to be used; and

(iii) actions to be taken,

for the purposes of minimising the environmental impacts and environmental risks of the activity; and

(b) environmental performance standards —

(i) that state the performance required of persons, equipment and procedures for the purposes of managing the environmental impacts and environmental risks of the activity; and

(ii) against which the performance of the operator in meeting the environmental performance objectives in the environment plan can be measured;

and

(i) the environmental performance objectives and environmental performance standards in the environment plan have been met; and

(ii) the implementation strategy in the environment plan has been complied with.

(6) The environment plan must describe the requirements that —

(a) apply to the activity under legislation (including conditions imposed under legislation), international conventions or agreements, or applicable codes of practice; and

(b) are relevant to the environmental management of the activity.

15. Implementation strategy for environment plan

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

(2) The implementation strategy must include measures to ensure that the environmental performance objectives and environmental performance standards in the environment plan are met.

(3) The implementation strategy must identify the specific systems, practices and procedures to be used to ensure that —

(a) the environmental impacts and environmental risks of the activity are continuously reduced to as low as is reasonably practicable; and

(b) the environmental performance objectives and environmental performance standards in the environment plan are 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.

(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 his or her responsibilities in relation to the environment plan and has the appropriate competencies and training.

(6) The implementation strategy must provide for the monitoring of, audit of, management of non‑compliance with, and review of, the operator’s environmental performance and the implementation strategy.

(7) The implementation strategy must provide for —

(a) specified emissions and discharges (whether occurring during normal operations or otherwise) to any land, air, marine, seabed, sub‑seabed, groundwater, sub‑surface or inland waters environment to be monitored and recorded in a way that —

(i) is accurate; and

(ii) can be audited against the environmental performance standards and measurement criteria in the environment plan;

and

(b) the monitoring mentioned in paragraph (a) to be done either continuously or at specified intervals; and

(c) tests to assess the performance of the monitoring equipment used for the purposes of paragraph (a) to be conducted at specified intervals.

(8) If the activity is a petroleum activity that may involve the injection or re‑injection of produced formation water into wells, the implementation strategy must specify the maximum permissible concentration of petroleum in that produced formation water.

(9) The implementation strategy must include details of any chemicals or other substances that may be —

(a) in, or added to, any treatment fluids to be used for the purposes of drilling or hydraulic fracturing undertaken in the course of the activity; or

(b) otherwise introduced into a well, reservoir or subsurface formation in the course of the activity.

(10) The implementation strategy must include an oil spill contingency plan that —

(a) sets out details of the following —

(i) preparations to be made for the possibility of an oil spill;

(ii) emergency response arrangements to be implemented if an oil spill occurs;

(iii) recovery arrangements to be implemented if an oil spill occurs;

(iv) current oil spill trajectory modelling that applies to the activity;

and

(b) requires the operator to conduct tests of the emergency response arrangements set out in the oil spill contingency plan at specified intervals; and

(11) The implementation strategy must provide for appropriate consultation with relevant authorities and other relevant interested persons or organisations.

16. Monitoring, recording and reporting arrangements

The environment plan must include arrangements for —

(a) monitoring, and recording information about, the activity that are sufficient to enable the Minister to determine whether —

(i) the environmental performance objectives and environmental performance standards in the environment plan have been met; and

(ii) the implementation strategy in the environment plan has been complied with;

and

(b) reporting to the Minister on the information recorded under paragraph (a) at intervals agreed with the Minister, but not less often than annually.

17. Other information in environment plan

(1) The environment plan must include the following —

(a) a statement of the operator’s corporate environmental policy;

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

(2) The environment plan must classify an incident as a reportable incident if —

(a) it could arise from the activity; and

(b) it has the potential to cause an environmental impact that is classified, under the environmental risk assessment process described in the environment plan, as moderate or more serious than moderate.

Division 4 — Revision of environment plan

18. Revision because of a change, or proposed change, of circumstances or activity

(1) The operator of an activity must submit to the Minister a proposed revision of the environment plan for the activity before the commencement of —

(a) any new activity; or

(b) any significant modification of, significant change in, or significant new stage of, an existing activity,

that is not provided for in the environment plan.

Penalty: a fine of $10 000.

(2) The operator of an activity must submit to the Minister a proposed revision of the environment plan for the activity before or as soon as practicable after —

(a) a change in the instrument holder for, or operator of, the activity; or

(b) the occurrence of —

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

(ii) any significant increase in an existing environmental impact or environmental risk,

that is not provided for in the environment plan for the activity; or

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

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

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

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

Penalty: a fine of $10 000.

19. Revision required by Minister

(1) The Minister, by written notice given to the operator of an activity, may require the operator to submit a proposed revision of the environment plan for the activity.

(2) A notice under subregulation (1) must set out the following —

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

(b) the date by which the revision must be submitted, which must be at least 21 days after the day on which the notice is given;

(d) the grounds for the notice.

(3) Within 21 days after being given a notice under subregulation (1), the operator may make a submission in writing to the Minister stating the operator’s reasons for one or more of the following matters —

(a) why the revision should not be made;

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

(c) whether or not the operator gives other reasons — why the revision should be submitted or take effect on a date later than the proposed date.

(4) If a submission is made under subregulation (3), the Minister must consider the matters stated in the submission and decide —

(a) to withdraw the notice; or

(b) to vary the notice; or

(5) The Minister must give the operator written notice of the Minister’s decision under subregulation (4).

(6) The notice must set out the terms of the decision and the reasons for it.

(7) If —

(a) the Minister gives an operator a notice under subregulation (1); and

(b) the operator does not make a submission under subregulation (3),

the operator must comply with the notice.

Penalty: a fine of $10 000.

(8) If —

(a) the Minister gives an operator a notice under subregulation (1); and

(b) the operator makes a submission under subregulation (3); and

(c) the Minister decides under subregulation (4) to vary the notice or that the notice as originally given should stand; and

(d) the Minister gives the operator written notice of the Minister’s decision,

the operator must comply with the notice, or the notice as varied, as the case requires.

Penalty: a fine of $10 000.

20. Revision every 5 years

(1) The operator of an activity must submit to the Minister a proposed revision of the environment plan for the 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 approved under regulation 11 by the Minister;

(b) the day on which a proposed revision of the environment plan submitted under this regulation is approved under regulation 11 by the Minister;

(c) for a revision of an environment plan submitted under regulation 18 or 19 — the day (if any) notified by the Minister under subregulation (2).

Penalty: a fine of $10 000.

(2) For subregulation (1)(c), the Minister may notify the operator that the effect of a revision of an environment plan submitted under regulation 18 or 19 is that the period of 5 years mentioned in subregulation (1) starts on the day specified in the notification.

21. Form of proposed revision

A proposed revision of an environment plan under regulation 18, 19 or 20 must be in the form of a revised environment plan or, if the operator and the Minister so agree, a revised part of the environment plan.

22. Approval of revised environment plan

Regulations 10 and 11 apply to the proposed revision as if —

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

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

23. Additional requirement for revision of oil spill contingency plan

(1) The operator of an activity must submit to the Minister a proposed revision of the oil spill contingency plan included in the environment plan for the activity at least 14 days before the end of the period of 2 years and 6 months commencing on the latest of the following —

(a) the day on which the environment plan is first approved under regulation 11 by the Minister;

(b) the day on which a proposed revision of the environment plan submitted under regulation 20 is approved under regulation 11 by the Minister;

(c) for a revision of an environment plan submitted under regulation 18 or 19 — the day (if any) notified by the Minister under regulation 20(2).

(2) The proposed revision of the oil spill contingency plan must be in the form of a revised oil spill contingency plan, or, if the operator and the Minister so agree, a revised part of the oil spill contingency plan.

(3) The Minister must approve the proposed revision of the oil spill contingency plan if the Minister is satisfied that the proposed revision —

(a) complies with regulation 15(10); and

(b) is appropriate for the nature and scale of the activity.

(4) If the Minister is not reasonably satisfied that the proposed revision of the oil spill contingency plan when first submitted meets the criteria set out in subregulation (3), the Minister must give the operator a reasonable opportunity to modify and resubmit the proposed revision.

(5) If, after the operator has had a reasonable opportunity to modify and resubmit the proposed revision, the Minister is still not reasonably satisfied that the proposed revision meets the criteria set out in subregulation (3), the Minister must refuse to approve the proposed revision.

(6) The Minister must give the operator written notice of a decision by the Minister —

(a) to approve the proposed revision; or

(b) not to approve the proposed revision.

(7) A notice under subregulation (6) must set out the terms of the decision and the reasons for it.

(8) If the Minister approves a proposed revision of an oil spill contingency plan included in an environment plan, the environment plan is taken to be revised in accordance with the proposed revision.

(9) To avoid doubt, a revision under this regulation of an oil spill contingency plan included in an environment plan does not affect any other requirement to revise the environment plan under regulation 18, 19 or 20.

24. Effect of non‑approval of proposed revision

If the Minister refuses to approve a proposed revision of an environment plan, or of an oil spill contingency plan included in an environment plan, the provisions of the environment plan in force for the activity immediately before the proposed revision was submitted remain in force, subject to these regulations (in particular, the provisions of Division 5), as if the revision had not been proposed.

Division 5 — Withdrawal of approval of environment plan

25. Withdrawal of approval of environment plan

(1) The Minister, by written notice given to the operator of an activity, may withdraw the approval of the environment plan for the activity on any of the following grounds —

(a) that the operator or instrument holder for the activity has not complied with —

(i) a direction given by the Minister under section 95 of the Act; or

(ii) section 117 of the Act;

(b) that the operator has not complied with regulation 7, 8, 18, 19, 20 or 23;

(d) that the Minister has refused to approve a proposed revision of —

(i) the environment plan; or

(ii) the oil spill contingency plan included in the environment plan.

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

26. Steps to be taken before withdrawal of approval

(1) Before withdrawing the approval of an environment plan for an activity the Minister must comply with subregulations (2), (5) and (6).

(2) The Minister must give the operator at least 30 days’ written notice of the Minister’s intention to withdraw approval of the plan.

(3) The notice must set out the ground for withdrawal of the approval.

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

(5) The Minister must specify in the notice a day (the specified day) on or before which the operator (or any 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.

(6) The Minister must take into account —

(a) any action taken by the operator or instrument holder for the activity to remove the ground for withdrawal of approval or to prevent the recurrence of that ground; and

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

27. Withdrawal of approval not affected by other provisions

(1) The Minister may withdraw the approval of an environment plan for an activity on the ground that the operator or instrument holder for the activity has not complied with —

(a) a direction given by the Minister under section 95 of the Act; or

(b) section 117 of the Act; or

even though the operator or instrument holder has been convicted of an offence because of the failure to comply with that direction or provision, as the case requires.

(2) The operator or instrument holder for an activity for which the approval of an environment plan has been withdrawn by the Minister on the ground that the operator or instrument holder has not complied with —

(a) a direction given by the Minister under section 95 of the Act; or

(b) section 117 of the Act; or

may be convicted of an offence because of the failure to comply with that direction or provision, as the case requires, even though the approval of the environment plan has been withdrawn.

Part 3 — Incidents, reports and records

28. Notifying reportable incidents

(1) The operator of an activity must notify a reportable incident in accordance with this regulation.

Penalty: a fine of $5 500.

(2) It is a defence to a prosecution for an offence against subregulation (1) if the operator has a reasonable excuse.

(3) The notification —

(a) must be given to the Minister as soon as practicable, and in any case within 2 hours after —

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

(ii) if the reportable incident is not detected by the operator at the time of the first occurrence — the time the operator becomes aware of the reportable incident;

and

(b) may be oral or in writing; and

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

(ii) any action taken to avoid or mitigate any adverse environmental impacts of the reportable incident.

29. Written report of reportable incidents

(1) The operator of an activity must submit a written report of a reportable incident in accordance with this regulation.

Penalty: a fine of $5 500.

(2) It is a defence to a prosecution for an offence against subregulation (1) if the operator has a reasonable excuse.

(3) The report —

(a) must be submitted to the Minister as soon as practicable, and in any case —

(i) within 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 submitted — within that period;

and

(b) must specify —

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

(ii) any action taken to avoid or mitigate any adverse environmental impacts of the reportable incident; and

(iii) any action taken, or proposed to be taken, to prevent a similar reportable incident.

30. Written report of recordable incidents

(1) The operator of an activity must, for each month, submit a written report of recordable incidents in accordance with this regulation.

Penalty: a fine of $5 500.

(2) It is a defence to a prosecution for an offence against subregulation (1) if the operator has a reasonable excuse.

(3) The report must be submitted to the Minister as soon as practicable, and in any case within 15 days, after the end of the month to which it relates.

(4) If one or more recordable incidents occurred during the month, the report —

(a) must include a record of each of those recordable incidents; and

(b) must specify —

(i) all material facts and circumstances concerning those recordable incidents that the operator knows or is able, by reasonable search or inquiry, to find out; and

(ii) any action taken to avoid or mitigate any adverse environmental impacts of those recordable incidents; and

(iii) any action taken, or proposed to be taken, to prevent similar recordable incidents.

(5) If no recordable incidents occurred during the month, the report under subregulation (1) must include a statement to that effect.

31. Storage of records

(1) The operator of an activity must store and maintain each document or record mentioned in subregulation (2) —

(a) for the period of 5 years from the making of the document or record; and

(b) in a way that makes retrieval of the document or record reasonably practicable.

Penalty: a fine of $4 000.

(2) For subregulation (1), the documents and records are the following —

(a) the environment plan for the activity;

(b) revisions and proposed revisions of the environment plan (including revisions and proposed revisions of the oil spill contingency plan included in the environment plan);

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

(d) records of monitoring and test results made under regulation 34;

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

(f) records and copies of —

(i) notifications mentioned in regulation 28; and

(ii) reports mentioned in regulation 29; and

(iii) reports mentioned in regulation 30.

32. Making records available

(1) In this regulation —

records means the documents and records mentioned in regulation 31(2).

(2) The operator of an activity must make available, in accordance with this regulation, copies of the records for the activity.

Penalty: a fine of $4 000.

(3) The operator must make copies of the records available to —

(a) the Minister, on request in writing by the Minister; and

(b) an inspector, on request in writing by the inspector.

(4) If the person making a request under subregulation (3) states that copies of the records must be made available to an agent of the person, the operator must make the copies available to the agent.

(5) However, if —

(a) a request is made under subregulation (3)(a) by a delegate of the Minister and the operator requests written evidence of the delegation; or

(b) a request is made under subregulation (3)(b) and the operator requests the inspector to produce written evidence of the inspector’s appointment; or

(c) a person making a request under subregulation (3) states that copies of the records must be made available to an agent of the person and the operator requests the agent to produce written evidence of the appointment of the agent,

the operator is not required to make the copies of the records available unless the evidence is produced to the operator.

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

(a) in the case of an emergency relating to the activity — as soon as possible (whether or not that is during the emergency); or

(b) in any other case — during normal business hours on any day (other than a Saturday, a Sunday or a public holiday).

(7) The copies of the records must be made available at the operator’s nominated address or, if agreed between the operator and the Minister, at any other place (including by means of electronic transmission to a person at that place).

(8) If the records are stored on a computer, the records must be made available in paper form or, if agreed between the operator and the Minister, in electronic form.

Part 4 — Environmental requirements

Division 1 — Requirements relating to emissions and discharges

33. Discharge, injection or re‑injection of produced formation water resulting from petroleum activity

(1) The operator of a petroleum activity must ensure that the concentration of petroleum in any produced formation water does not exceed the following concentration (the specified concentration) —

(a) for produced formation water discharged into the sea as a result of the petroleum activity — an average of 30 mg/L over any period of 24 hours;

(b) for produced formation water injected or re‑injected into wells as a result of the petroleum activity — the maximum permissible concentration specified in the environment plan for the petroleum activity in accordance with regulation 15(8).

Penalty: a fine of $5 500.

(2) Nothing in subregulation (1)(a) affects an environmental performance standard, in an environment plan for the petroleum activity, for a concentration of petroleum in produced formation water discharged into the sea that is less than the specified concentration.

(3) Subregulation (1) does not apply to an operator if —

(a) the Minister has given the operator written consent in accordance with subregulation (4) to discharge, inject or re‑inject produced formation water at a concentration (the authorised concentration) that exceeds the specified concentration; and

(b) the operator ensures that the authorised concentration is not exceeded.

(4) Consent under subregulation (3)(a) may be given by the Minister only if —

(a) the discharge rate, injection rate or re‑injection rate of produced formation water to be authorised by the consent does not exceed 0.5 megalitres per period of 24 hours; or

(b) the consent applies to a period not greater than 48 hours; or

(c) the Minister is satisfied that the purpose of the discharge, injection or re‑injection at the authorised concentration is for operational research that has the potential to improve environmental performance.

(5) The Minister must not give consent under subregulation (3)(a) unless the operator demonstrates, to the satisfaction of the Minister, that the proposed discharge, injection or re‑injection will not result in —

(a) the occurrence of any significant new environmental impact or environmental risk; or

(b) a significant increase in any existing environmental impact or environmental risk.

34. Monitoring and reporting on emissions and discharges

(1) In this regulation —

reporting period, in relation to an activity, means —

(a) the period of 3 months commencing when the environment plan for the activity is approved; and

(b) each subsequent period of 3 months.

(2) The operator of an activity must, in accordance with subregulation (3), monitor all emissions and discharges to any land, air, marine, seabed, sub‑seabed, groundwater, sub‑surface or inland waters environment that —

(a) occur in the course of the activity (whether during normal operations or otherwise); and

(b) are specified in the environment plan for the activity in accordance with regulation 15(7)(a).

Penalty: a fine of $5 500.

(3) The monitoring mentioned in subregulation (2) must be done either continuously, or at specified intervals, in accordance with the environment plan for the activity.

(4) The operator of an activity must, in accordance with subregulation (5), conduct tests to assess the performance of monitoring equipment used for the purposes of subregulation (2).

Penalty: a fine of $5 500.

(5) Tests performed under subregulation (4) must —

(a) be sufficient to verify the accuracy of the monitoring equipment; and

(b) be conducted at intervals specified in the environment plan for the activity in accordance with regulation 15(7)(c).

(6) The operator of an activity must record the results of —

(a) the monitoring mentioned in subregulation (2); and

(b) the tests mentioned in subregulation (4).

Penalty: a fine of $5 500.

(7) The operator of an activity must, for each reporting period, submit a written report of emissions and discharges in accordance with subregulation (9).

Penalty: a fine of $5 500.

(8) It is a defence to a prosecution for an offence against subregulation (7) if the operator has a reasonable excuse.

(9) A report under subregulation (7) —

(a) must be submitted to the Minister as soon as practicable, and in any case within 15 days, after the end of the reporting period; and

(b) must include a summary of the results of the monitoring mentioned in subregulation (2).

Division 2 — Requirement relating to oil spills

35. Application of chemical dispersant to oil spills

A person must not apply chemical dispersant to an oil spill that has arisen as a result of an activity unless —

(a) the Minister, or the appropriate hazard management agency prescribed under the Emergency Management Act 2005, has given written consent to the application of chemical dispersant; and

(b) if the consent under paragraph (a) is given subject to any conditions — those conditions are complied with.

Penalty: a fine of $10 000.

Part 5 — Operators of activities

36. Term used: contact details

In this Part —

contact details, for an operator or agent, means the name and address within Australia, telephone number, facsimile number and email address (if any) of the operator or agent.

37. Requirement for, and notification of, operator

(1) The instrument holder for an activity must ensure that, at all times, there is an operator of the activity.

Penalty: a fine of $10 000.

(2) The operator of an activity is the person responsible to the instrument holder for the overall management and operation of the activity.

(3) The instrument holder must notify the Minister, in writing, of the contact details of the operator of the activity before the first submission in relation to the activity is made under Part 2.

Penalty: a fine of $10 000.

(4) The instrument holder must notify the Minister, in writing, of any change of operator of the activity —

(a) if it is practicable to do so — at least 28 days before the change takes effect; or

(b) otherwise — at the earliest practicable opportunity.

Penalty: a fine of $10 000.

(5) Nothing in this regulation affects any duty or responsibility of the instrument holder, under the Act, in relation to an activity carried out under the instrument.

38. Operator to give details

(1) The operator of an activity must, within 7 days after —

(a) the appointment of an agent of the operator in relation to the environmental management of the activity — give the Minister written notice of the appointment and of the contact details of the agent; or

(b) any change of agent of the operator in relation to the environmental management of the activity — give the Minister written notice of the change and of the contact details of the new agent; or

(c) any change of contact details (where there is no change of identity) of the operator or the operator’s agent — give the Minister written notice of the new contact details.

Penalty: a fine of $10 000.

(2) It is a defence to a prosecution for an offence against subregulation (1) if the operator has a reasonable excuse.

(3) The operator of an activity must include, in any submission to the Minister under Part 2 or 3, the contact details of the operator or the operator’s agent.

Penalty: a fine of $10 000.

(4) The operator of an activity, at all times after the activity has commenced, must maintain —

(a) an address of the operator for communications on matters relating to the environmental management of the activity; and

(b) a facsimile number, or email address, within Australia at which a request for records may be made under regulation 32.

Penalty: a fine of $10 000.

(5) The operator of an activity, at all times after the activity has commenced, must ensure that the Minister has notice of —

(a) the address maintained by the operator under subregulation (4)(a); and

(b) the facsimile number or email address maintained by the operator under subregulation (4)(b).

Penalty: a fine of $10 000.

39. No requirement to give information more than once

(1) Despite any other provision of this Part, an instrument holder for an activity or operator of an activity is not required to give information to the Minister under this Part if, at the relevant time, the information has already been given in accordance with the Act or another written law.

(2) Subregulation (1) does not apply if —

(a) the information already given has been lost or destroyed; and

(b) the instrument holder or operator has been notified of the loss or destruction.

40. Minister may decline to consider submission if information not given

(1) The Minister may decline to consider a submission made under Part 2 by the operator of an activity until —

(a) the instrument holder for the activity complies with regulation 37; or

(b) the operator of the activity complies with regulation 38.

(2) Subregulation (1) does not apply if the information has already been given in accordance with the Act or another written law.

41. Minister to keep register

The Minister must maintain a register or other record of information about an operator of an activity or agent, where the information is —

(a) mentioned in this Part; and

(b) given (whether under this Part or otherwise) to the Minister.

Part 6 — Transitional provisions

42. Terms used

In this Part —

commencement day means the day on which these regulations (other than regulations 1 and 2) come into operation;

environmental management plan means an environmental management plan required under a condition to which a petroleum instrument or geothermal instrument is subject immediately before commencement day;

transitional period means the period of 12 months beginning on commencement day.

43. Environmental management plans in force before commencement day

(1) An environmental management plan that is in force for an activity immediately before commencement day is taken —

(a) to be an environment plan approved under these regulations; and

(b) to have been approved on —

(i) the day on which the environmental management plan was accepted by the Minister; or

(ii) if the environmental management plan has been revised — the day on which the last revision of the environmental management plan was accepted by the Minister.

(2) If —

(a) subregulation (1) applies to an environmental management plan; and

(b) the Minister accepted the environmental management plan, or a revision of the environmental management plan, subject to the imposition of any limitations or conditions; and

the limitations or conditions are taken to be limitations or conditions imposed under regulation 11(4)(b).

(3) If —

(a) subregulation (1) applies to an environmental management plan (the transitioned plan) for an activity; and

(b) the transitioned plan does not meet the criteria set out in regulation 11(1),

the operator of the activity must submit a proposed revision of the transitioned plan to the Minister before the end of the transitional period.

(4) If, apart from subregulation (3), an operator is required to submit a proposed revision of the transitioned plan during the transitional period under regulation 18, 19 or 20, subregulation (3) does not impose an additional obligation on the operator to submit a proposed revision of the transitioned plan.

(5) Regulations 10 and 11 apply to a proposed revision submitted under subregulation (3) as if —

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

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

(6) If a proposed revision submitted under subregulation (3) is approved by the Minister, regulation 20(1)(b) applies in relation to the approval of the proposed revision as if the proposed revision had been submitted under regulation 20.

44. Environmental management plans submitted before commencement day

If, immediately before commencement day, the operator of an activity had submitted an environmental management plan for the activity to the Minister, but the Minister had not accepted or refused to accept the plan before that day —

(a) the environmental management plan is taken to be submitted under regulation 9 as an environment plan for the activity; and

(b) the Minister must give the operator a reasonable opportunity to modify and resubmit the environmental management plan to meet the requirements for environment plans under these regulations.

45. Activities for which no environmental management plan in force before commencement day

(1) If —

(a) an activity was being carried out before commencement day; and

(b) no environmental management plan was in force, or required to be in force, for the activity immediately before commencement day,

the operator of the activity must submit an environment plan for the activity to the Minister before the end of the transitional period.

Penalty: a fine of $10 000.

(2) Regulations 6, 7, 8, 9, 28, 29 and 34 do not apply to the activity during any period before the Minister approves, or refuses to approve, an environment plan mentioned in subregulation (1).

(3) An environment plan submitted under this regulation may be submitted for one or more stages of the activity if the operator and the Minister so agree.

(4) An environment plan submitted under this regulation —

(a) must be in writing in a form approved by the Minister; and

(b) if the Minister approves — may relate to a specified activity in one or more identified locations specified in the plan.

(5) Regulations 10 and 11 apply to an environment plan submitted under this regulation in the same way they apply to an environment plan submitted under regulation 9.

Notes

1 This is a compilation of the Petroleum and Geothermal Energy Resources (Environment) Regulations 2012. The following table contains information about those regulations.

Compilation table

Citation	Gazettal	Commencement
Petroleum and Geothermal Energy Resources (Environment) Regulations 2012	28 Aug 2012 p. 3981-4030	r. 1 and 2: 28 Aug 2012 (see r. 2(a)); Regulations other than r. 1 and 2: 29 Aug 2012 (see r. 2(b))

Defined terms

[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]

Defined term Provision(s)

environmental impact 4

activity 4

approved 4

authorised concentration 33(3)

commencement day 42

contact details 36

environment 4

environment plan 4

environmental management plan 42

environmental performance 4

environmental performance objective 4

environmental performance standard 4

environmental risk 4

geothermal activity 4

geothermal instrument 4

instrument holder 4

nominated address 4

operator 4

petroleum activity 4

petroleum instrument 4

produced formation water 4

recordable incident 4

records 32(1)

reportable incident 4

reporting period 34(1)

revise 4

specified concentration 33(1)

specified day 26(5)

State 4

transitional period 42

transitioned plan 43(3)

treatment fluid 4

Western Australia

Petroleum and Geothermal Energy Resources Act 1967

Petroleum and Geothermal Energy Resources (Environment) Regulations 2012

Western Australia

Petroleum and Geothermal Energy Resources (Environment) Regulations 2012

Contents

Part 1 — Preliminary

Citation 1
Commencement 1
Object of regulations 1
Terms used 2
References to activity 6

Part 2 — Environment plans

Division 1 — Requirement for environment plan

Approved environment plan required for activity 7
Activity must comply with approved environment plan 7
Activity must not continue if new or increased environmental impact or environmental risk identified 7

Division 2 — Approval of environment plan

Submission of environment plan 8
Time limit for approving or not approving environment plan 9
Approval of environment plan 9
Approval of oil spill contingency plan submitted in accordance with condition imposed by Minister 12

Division 3 — Contents of environment plan

Contents of environment plan 13
Environmental assessment 13
Implementation strategy for environment plan 15
Monitoring, recording and reporting arrangements 18
Other information in environment plan 18

Division 4 — Revision of environment plan

Revision because of a change, or proposed change, of circumstances or activity 19
Revision required by Minister 20
Revision every 5 years 21
Form of proposed revision 22
Approval of revised environment plan 22
Additional requirement for revision of oil spill contingency plan 23

The regulations set out a focused set of regulatory concepts that determine when and how environmental management applies to petroleum and geothermal activities.

Activity and operator definitions. "Activity" covers any petroleum or geothermal operations that may have an environmental impact and expressly lists seismic surveys, drilling, hydraulic fracturing, construction, operation, modification and decommissioning (regulation 4). "Operator" is the person recorded by the Minister as operator or, if not recorded, the person responsible to the instrument holder for overall management or the person carrying out the activity (regulation 4). The split of duties between instrument holder and operator is repeated through Part 5 (regulations 37-38).
Environment plan as the central regulatory instrument. An "environment plan" is a written, Minister‑approved plan that must be in a ministerially approved form (regulations 4 and 9(3)(a)). No activity may be carried out without an approved plan (regulation 6). The plan must be kept current: revision is required on material changes, ministerial direction, and at 5‑year intervals; oil spill contingency plans must be revisited every 2 years and 6 months (regulations 18, 19, 20 and 23).
Risk, objective and standard framework. The regulations require identification and evaluation of all environmental impacts and risks and the environmental risk assessment process used, including the terms used to categorise seriousness (regulation 14(3)). Environment plans must set environmental performance objectives and standards and measurement criteria to determine whether objectives and standards have been met (regulation 14(5)).
Implementation and verification. Plans must include an implementation strategy that specifies measures to achieve objectives and standards, establishes a chain of command, ensures personnel competence, and provides for monitoring, auditing and management of non‑compliance (regulation 15(2)-(6)). Monitoring arrangements must permit auditability against performance standards (regulation 15(7) and regulation 16). Operators must undertake tests to verify monitoring equipment and keep records of calibrations and tests (regulation 15(7)(c), regulation 34(4)-(6), regulation 31(2)(e)).
Incident categorisation and reporting. The plan must list and define "reportable incidents" and "recordable incidents" using the plan’s risk assessment process (regulation 17). Operators must notify reportable incidents promptly and submit written reports within statutory timeframes (regulations 28-29). Recordable incidents are subject to monthly reporting (regulation 30).
Specific environmental limits. The regulations impose a numerical discharge limit for produced formation water discharged to sea: an average of 30 mg/L petroleum over any 24‑hour period (regulation 33(1)(a)). Injection or re‑injection concentration limits for produced formation water must be specified in the environment plan (regulation 33(1)(b)). The Minister can grant limited exceptions subject to conditions (regulation 33(3)-(5)).
Ministerial discretion and procedural protections. Approval hinges on the Minister’s reasonable satisfaction (regulation 11(1)). The Minister must provide opportunities to modify plans, give reasons for refusal or conditional approvals (regulation 11(2), (5)-(6)), and follow notice procedures before withdrawal (regulations 25-26). The Minister may also require revisions with a statutory consultation window for operators to submit reasons (regulation 19).
Interplay with other laws. Plans must describe requirements under legislation, international conventions, agreements and applicable codes of practice (regulation 14(6)(a)). The regulations explicitly connect to the principal Act (references to instrument holders, State, and Ministerial powers under sections 95 and 117 of the Act are used as withdrawal grounds in regulation 25), and use emergency management agencies prescribed under the Emergency Management Act 2005 for dispersant consent (regulation 35).

These concepts together convert an activity‑by‑activity approach into a plan‑driven compliance model where the plan is the primary compliance document, operators are accountable for implementing and evidencing compliance, and the Minister has gatekeeping and corrective powers.

The regulations apply to a defined set of participants in petroleum and geothermal operations, and to entities that interact with those operations in particular ways.

Operators. The principal regulated party is the "operator" of an activity (regulation 4). The operator is responsible for preparing, submitting and implementing environment plans (regulation 9(1), regulation 15) and for compliance with monitoring, reporting and incident notification duties (regulations 16, 28-30, 34). Operators must maintain contact details and nominated addresses for record availability (regulation 38(4)-(5)).
Instrument holders. The "instrument holder" (holder of a petroleum or geothermal instrument, such as an exploration permit, production licence or drilling reservation; regulation 4) has duties to ensure that an operator is in place and must notify the Minister of the operator and any changes (regulation 37(1), (3)-(4)). The instrument holder’s residual duties under the Act are expressly preserved (regulation 37(5)). The Minister may treat non‑compliance by either the operator or instrument holder as grounds for withdrawal (regulation 25(1)).
Contractors and personnel. The implementation strategy must ensure that each employee or contractor working on or in connection with the activity is aware of responsibilities and has appropriate competencies and training (regulation 15(5)). That brings contractors into the sphere of practical compliance even if the regulatory duties are placed on the operator.
Inspectors, Minister and delegated agents. The Minister is the decisionmaker for approvals, conditions, revisions and withdrawals (regulations 10-12, 19, 25-26). Inspectors and Ministerial delegates have rights to request and obtain records (regulation 32(3)), and, where requests are made, operators may require written evidence of delegation or appointment before providing copies (regulation 32(5)).
Hazard management agencies. For oil‑spill dispersant consent the relevant hazard management agency under the Emergency Management Act 2005 is a decisionmaker alongside the Minister (regulation 35). That brings in a separate class of agency for specific operational decisions during incidents.
Interested persons and relevant authorities. The environment plan must document consultations with relevant authorities and interested persons (regulation 14(6)(b), regulation 15(11), regulation 17(1)(b)) and the plan must be publicly summarised on approval (regulation 11(7)-(8)). This creates a public disclosure channel and places interested persons within the consultative framework.
Entities providing monitoring services and testing. The regulations require monitoring equipment performance tests, calibration records and continuous or interval monitoring as specified in the plan (regulation 15(7)(a)-(c), regulation 34). Laboratories, monitoring service providers and engineers retain a role through compliance work and record creation, with those records subject to five‑year retention obligations (regulation 31).
Entities with historical plans. Operators who had environmental management plans before commencement are affected by the transitional regime: those plans become "environment plans" (regulation 43(1)), but may need revision where they do not meet the criteria in regulation 11(1) within the transitional period (regulation 43(3)).

Who pays: the operator bears the compliance costs for preparing and revising plans, for establishing monitoring and testing regimes, for training staff and contractors, for reporting and for record retention (regulations 14-16, 31-34). Instrument holders pay the cost of ensuring an operator is appointed and notified (regulation 37). The Minister bears the administrative cost of evaluating plans, maintaining the register (regulation 41), and managing approvals and withdrawals.

Who decides: the Minister has primary decision authority over approvals, conditions and withdrawals (regulations 10-12, 25-26). Hazard management agencies decide on dispersant consent during incidents (regulation 35). Inspectors and delegated officials can request records (regulation 32).

This section summarises the principal statutory duties placed on operators and instrument holders and the key rights that accompany those duties.

Key duties

Obtain approval of an environment plan before commencing an activity. Operators must submit an environment plan before starting an activity (regulation 9(1)) and carrying out the activity without an approved plan is an offence (regulation 6).
Prepare plan content to statutory specification. Environment plans must include comprehensive descriptions of the activity and existing environment, an evaluation of all environmental impacts and risks, the risk assessment process, environmental performance objectives, standards and measurement criteria, and details of legal and international obligations (regulation 14). Plans must also contain an implementation strategy covering systems, chain of command, training and monitoring (regulation 15), monitoring, recording and reporting arrangements (regulation 16), and specified consultations and incident lists (regulation 17).
Implement, monitor and report. Operators must implement the plan and comply with any limitations or conditions imposed by the Minister (regulation 7). Monitoring must be accurate and auditable, continuous or at specified intervals as defined in the plan (regulation 15(7) and regulation 34(2)-(3)). Operators must submit emissions and discharges reports every three months (regulation 34(1) and (7)), monthly recordable incident reports (regulation 30), and prompt notifications and written reports of reportable incidents (regulations 28-29).
Maintain and make records available. Operators must store specified documents and records for 5 years and make them reasonably retrievable (regulation 31). Copies of records must be made available to the Minister and inspectors on request (regulation 32). Records include the environment plan, revisions, monitoring and test results, calibration and maintenance records, and incident notifications and reports (regulation 31(2)).
Maintain contact and notification obligations. Instrument holders must ensure an operator is appointed and notify the Minister of contact details before the first submission (regulation 37(3)). Operators must notify the Minister of agents and contact detail changes within 7 days (regulation 38(1)) and maintain an address, facsimile or email for record requests (regulation 38(4)).
Follow discharge limits. For produced formation water discharged to sea the operator must ensure petroleum concentrations do not exceed an average of 30 mg/L over any 24‑hour period, unless a limited written consent is granted by the Minister (regulation 33).
Obtain consent for chemical dispersant use. A person must not apply chemical dispersant to an oil spill resulting from an activity without written consent from the Minister or the appropriate hazard management agency under the Emergency Management Act 2005 (regulation 35).
Revise plans when triggered. Operators must submit proposed revisions before commencing significant new activities or changes not provided for in the plan, upon change of operator or instrument holder, after significant new impacts or risks arise, when required by the Minister, every 5 years, and for oil spill contingency plans every 2.5 years (regulations 18, 19, 20 and 23).

Key statutory rights, procedural protections and Ministerial obligations

Opportunity to modify. If the Minister is not reasonably satisfied with a plan, the operator must be given a reasonable opportunity to modify and resubmit (regulation 11(2) and regulation 12(3)). For oil spill contingency revisions, the same modification opportunity applies (regulation 12(3)-(4)).
Notice and reasons. The Minister must give written notice of decisions to approve, not approve, or to approve in part or subject to conditions, and must set out terms and reasons where a plan is not approved or is approved with conditions (regulation 11(5)-(6), regulation 12(5)-(6)).
Consultation window before ministerial revisions and withdrawals. Where the Minister issues a notice requiring revision (regulation 19), the operator has 21 days to make written submissions and the Minister must consider those submissions before deciding whether to vary or withdraw the notice (regulation 19(3)-(6)). Before withdrawal the Minister must give at least 30 days’ written notice and allow submissions, which must be taken into account (regulation 26(2), (5)-(6)).
Public disclosure of a summary. Within 10 days of approval the operator must submit a public summary of the environment plan (regulation 11(7)), which the Minister may require to be modified once (regulation 11(9)-(10)).
Defences for reasonable excuse. For several reporting offences,notification of reportable incidents, written reporting of reportable incidents and written monthly reporting of recordable incidents,the operator has an express defence of reasonable excuse (regulations 28(2), 29(2), 30(2)).
Delegation evidence. Operators may require written evidence of a Ministerial delegate’s authority or an inspector’s appointment when requests for records are made (regulation 32(5)).

The duties are prescriptive and operational. Rights are mainly procedural safeguards around decisionmaking: notice, reasons and the opportunity to respond or modify. The interaction of these duties and rights shapes the behaviour of operators: plan investment, monitoring capability, consultation, record systems and readiness to respond to Ministerial requests or enforcement action.

The regulations specify monetary penalties for a range of breaches and provide administrative enforcement mechanisms centred on Ministerial approvals and withdrawals. The text does not create criminal imprisonment terms; it uses fines and administrative measures.

Monetary penalties by example

Failure to have an approved environment plan while carrying out an activity is an offence with a penalty of $10 000 (regulation 6).
Carrying out an activity contrary to the approved environment plan or any limitation or condition applied under regulation 11(4)(b) carries a penalty of $10 000 (regulation 7(1)).
Continuing an activity after the occurrence of a significant new environmental impact or risk not provided for in the environment plan is an offence with a $10 000 fine (regulation 8(1)).
Failure to submit required proposed revisions in time (for triggers in regulation 18, or compliance with ministerial notices in regulation 19) attracts fines of $10 000 (regulation 18(1)-(2), regulation 19(7)-(8)).
Failure to notify reportable incidents carries a $5 500 penalty, with an express defence of reasonable excuse (regulation 28).
Failure to submit written reports for reportable incidents and recordable incidents carries penalties of $5 500 each (regulations 29(1) and 30(1)), again with a possible reasonable excuse defence (regulation 29(2) and 30(2)).
Failure to monitor emissions and discharges, to test monitoring equipment or to record monitoring and test results carries a $5 500 fine (regulation 34(2), (4), (6) and (7)).
Failure to store and maintain records for 5 years and make them retrievable is punishable by $4 000 (regulation 31(1)).
Failure to make records available on request is punishable by $4 000 (regulation 32(2)).
Applying chemical dispersant to an oil spill without the required written consent, or failing to comply with conditions attached to that consent, carries a $10 000 penalty (regulation 35).
Failing to ensure there is an operator for an activity, failing to notify the Minister of operator contact details or changes, or failing to provide required contact details as part of submissions, attract $10 000 fines (regulations 37(1), 37(3)-(4), 38(1) and 38(3)).

Administrative enforcement mechanisms and procedural safeguards

Ministerial decisions. The primary enforcement lever is Ministerial control over approval, conditional approval, approval in part, and withdrawal (regulations 11(4), 25). The Minister may impose limitations or conditions when approving a plan, or approve only parts of a plan for particular stages (regulation 11(4)(a)-(b)).
Withdrawal process. Withdrawal of approval requires written notice specifying grounds (regulation 25(1)-(2)), at least 30 days’ notice (regulation 26(2)), and an opportunity for the operator and other persons to submit matters for consideration before withdrawal (regulation 26(5)-(6)). The Minister must consider actions taken to remove the ground and any submissions (regulation 26(6)(a)-(b)).
Non‑suspensive effect. Withdrawal is not affected by a criminal conviction: the Minister can withdraw approval even if a conviction exists, and a person may still be convicted even if approval is withdrawn (regulation 27(1)-(2)). That preserves both administrative corrective action and criminal sanction as co‑existing enforcement mechanisms.
Reporting and record production. Mandatory timeframes for incident notification (within 2 hours for reportable incidents, regulation 28(3)(a)), written reporting (within 3 days for reportable incidents, regulation 29(3)), monthly recordable incident reports (within 15 days after the month, regulation 30(3)) and quarterly emissions reporting (within 15 days of each quarter, regulation 34(9)(a)) create a cadence for enforcement scrutiny. Inspectors and the Minister have statutory powers to obtain records (regulation 32(3)).
Consent requirements as control points. The regulation of produced formation water (regulation 33) and requirement for written consent before chemical dispersant application (regulation 35) function as targeted controls that can be enforced administratively and by fine.

Implementation and enforcement risks

Discretion. The Minister’s approval depends on a "reasonable satisfaction" standard (regulation 11(1)), which imports discretion into approval and condition setting. The regulations require reasons in specified notices (regulation 11(6), regulation 12(6), regulation 25(2)) and provide consultation windows for the operator (regulations 19 and 26). Those procedural rules limit but do not eliminate discretionary outcomes.
Non‑binding timeframes. Regulation 10 sets a 30‑day target for the Minister to decide, but subregulation 10(2) expressly says a decision is not invalid if the Minister fails to comply with the 30‑day limit. That makes the decision window aspirational rather than enforceable.
Overlap with Act powers. The regulations use non‑compliance with directions under section 95 and section 117 of the Act as grounds for withdrawal (regulation 25(1)(a)). Those references import other statutory powers and obligations from the principal Act into enforcement decisions under these regulations.
Penalty levels. The fines are fixed monetary sums rather than percentage‑based or escalation‑linked penalties. Operators must assess the economic cost of compliance against these fixed fines; the regulations do not provide for pecuniary penalty scaling based on offence severity.

These enforcement features create a compliance regime that combines defined monetary penalties, administrative decisionmaking authority, and procedural protections. The practical enforcement outcome will depend on Ministerial practice, inspection resourcing and the interaction with the principal Act and other statutory regimes referenced in the plans.

The regulations are drafted to operate within a broader statutory and regulatory ecosystem. They reference, rely on and interact with the principal Act and other written laws in several specific ways.

Connections to the Petroleum and Geothermal Energy Resources Act 1967

Defined terms and instruments. Many operative concepts in the regulations,State, petroleum instrument, geothermal instrument, instrument holder,are defined in relation to the Act (regulation 4). The regulation frames activities as those carried out under petroleum or geothermal instruments created by the Act (regulation 4 definitions of "petroleum activity" and "geothermal activity").
Ministerial powers under the Act. Withdrawal of approval is permitted where the operator or instrument holder has not complied with a direction given by the Minister under section 95 of the Act or with section 117 of the Act (regulation 25(1)(a)). That ties enforcement under the regulations to compliance with directions and provisions in the Act and means any enforcement or withdrawal strategy may be combined with or depend upon the exercise of other statutory powers in the Act.
Instrument holder duties and continuity. The instrument holder’s duties under the Act are preserved in the regulations (regulation 37(5)). The regulations do not displace the Act; they add procedural and environmental content to instrument‑based activities.

Interplay with emergency and incident law

Emergency Management Act 2005. The prohibition on applying chemical dispersant without written consent recognises hazard management agencies prescribed under the Emergency Management Act 2005 as decisionmakers alongside the Minister (regulation 35). That introduces a cross‑agency interface during oil spill incidents where emergency management statutory structures will govern response approvals in addition to the Minister’s environmental role.

Interaction with other written laws, international conventions and codes

Plans must describe requirements that apply under legislation, international conventions or agreements, or applicable codes of practice (regulation 14(6)(a)). That requires operators to consider obligations under other domestic statutes and international instruments when drafting plans. The regulations do not specify which conventions or codes; the plan must identify relevant obligations.
"Another written law" is explicitly used as a fallback for already‑provided information and for exclusion of duplication (regulation 39(1)). The Minister may decline to consider submissions until specified information has been given unless that information has already been provided under the Act or another written law (regulation 40(1)-(2)). This avoids duplicative filings where equivalent information already exists under other statutory schemes.

Administrative law overlay

Procedural protections in the regulations,opportunities to modify plans (regulation 11(2)), statutory consultation windows for ministerial revision notices (regulation 19(3)), and reasons in notices (regulation 11(6) and 25(2)),create an administrative decisionmaking framework within which judicial review could operate. The regulations do not create or limit judicial review remedies; they set out internal procedural steps for ministerial decisions.

Transitional integration

Pre‑existing environmental management plans required as conditions on petroleum or geothermal instruments immediately before commencement are transitioned into "environment plans" under the regulations and are treated as approved, but may be required to be revised to meet the regulations’ requirements during the transitional period (regulation 43). That binds legacy compliance instruments into the new framework and synchronises them with the regulations’ content requirements.

Practical consequences of interactions

Multi‑agency approvals. Because the Minister shares certain incident response decision points with hazard management agencies (regulation 35), operators must anticipate multi‑agency interactions during incidents and ensure that their plans and exercises reflect those interfaces.
Cross‑reference to other statutory obligations. Operators must map statutory obligations from other areas,marine pollution, heritage, work health and safety, water or conservation laws,into their environment plans because plans must identify legal obligations (regulation 14(6)(a)). The regulations thus operate as a hub that requires downstream compliance with other legal regimes.
Administrative sequencing. The Minister’s power to refuse to consider submissions until operator contact details or instrument holder notifications are in place (regulation 40(1)) creates sequencing requirements between obligations under the Act, the regulations and other written laws.

The regulations therefore do not function in isolation. They require operators to coordinate compliance across the Act, emergency and incident law, and any other statutory or international obligations that apply to the activity, with the environment plan serving as the document of record that demonstrates how those obligations are addressed.

The source provides the compilation and commencement details for these regulations. They were published and commenced in 2012. The compilation table included in the instrument records:

Citation: Petroleum and Geothermal Energy Resources (Environment) Regulations 2012.
Gazettal: 28 August 2012, pages 3981-4030.
Commencement: regulations 1 and 2 commenced on 28 August 2012; the remainder commenced on 29 August 2012 (regulation 2 and the compilation table).

No subsequent amendments, variations or repeal actions are recorded in the provided compilation table. The regulations’ transitional Part 6 sets a transitional period of 12 months from commencement day for certain obligations (regulation 42(3) and regulation 45(1)), and transitional rules convert previously accepted environmental management plans into environment plans under the new regulations (regulation 43). The transitional provisions also state how previously submitted but not accepted environmental management plans are to be treated (regulation 44) and provide default dates for the start of five‑year revision cycles for transitioned plans where revisions are approved (regulation 43(6)).

Because the source text contains only the original instrument and compilation notes, there is no internal record here of any later amending instruments, repeals or consolidations. Any change history beyond the original gazettal and commencement set out above is not present in the provided text. Practitioners should check the up‑to‑date consolidated version in the Western Australian legislation database or the Gazette to identify any amendments after the 2012 commencement recorded here.

The regulations themselves do not include or reference any judicial decisions or reported litigation. The provided legislative text and compilation table contain no case citations, and there is no litigation history embedded in the instrument.

The regulations create multiple statutory decision points that, in practice, could give rise to litigation or judicial review,Ministerial approvals, refusals and withdrawals (regulations 10-12, 19, 25-26) and enforcement actions for offences with fixed fines. The text contains procedural protections (opportunities to modify and resubmit plans, requirements to give reasons and notice, and consultation windows) that are typical of administrative regimes. Those features can affect the nature and likelihood of judicial challenges, but the instrument itself does not record any outcomes.

Because the source lists only the instrument and its compilation table, and names no cases, there is no litigation history to reproduce from the document. For an authoritative litigation history,a chronology of judicial decisions interpreting or challenging these regulations,consult court databases, the Western Australian Law Reports, or government consolidated legislation updates, none of which are contained in the provided text.

This section flags practical traps, procedural friction points and regulatory features that commonly cause non‑compliance or operational uncertainty, as expressed in the regulations.

Start before approval is an offence. Operators must submit and have an approved environment plan before commencing an activity (regulation 9(1) and regulation 6). The regulation allows plans to be submitted for stages with Ministerial agreement (regulation 9(2)), but commencing earlier risks a $10 000 penalty.
Minister’s 30‑day decision timetable is aspirational. Regulation 10 requires the Minister to approve or refuse within 30 days or give notice of inability and a timetable. However regulation 10(2) expressly says a decision is not invalid for failure to meet the 30‑day target. This creates moment-to-moment uncertainty for operators whose plans remain pending and for activities that may be time‑sensitive.
Approval can be partial or conditional. The Minister may approve only part of a plan or impose limitations or conditions (regulation 11(4)(a)-(b)). Approvals can also be subject to a condition that an oil spill contingency plan must be approved before activity commencement (regulation 11(4)(c)). Operators must read notice terms carefully because conditions can limit or delay operations.
Reporting and record timelines are tight. Operators must notify reportable incidents within 2 hours of first occurrence or detection (regulation 28(3)(a)) and then submit a written report within 3 days (regulation 29(3)). Monthly reports of recordable incidents must be filed within 15 days after the month (regulation 30(3)). Emissions reports must be filed within 15 days after the quarterly reporting period (regulation 34(9)(a)). Failure to meet timeframes carries fines and, for reportable and recordable incident reports, only a "reasonable excuse" defence is available (regulations 28(2), 29(2), 30(2)).
Produced water numeric limit and averaging. The 30 mg/L petroleum limit is an average over any period of 24 hours for discharge to sea (regulation 33(1)(a)). Operators must design sampling and averaging regimes to demonstrate compliance with that specific averaging period, and must ensure monitoring equipment is accurate and tested at specified intervals (regulation 15(7)(a)-(c), regulation 34(4)-(6)).
Limited Ministerial exceptions to discharge limits. The Minister may consent to higher concentrations only under narrow conditions: low discharge rate (≤0.5 megalitres per 24 hours), a short period (≤48 hours), or operational research with potential environmental performance benefits, and only if the Minister is satisfied no significant new impacts or risks will result (regulation 33(3)-(5)). These conditions are constraining and require operator proof to the Minister’s satisfaction.
Oil spill contingency frequency requirement. Oil spill contingency plans must be revised at least every 2 years and 6 months (regulation 23(1)). The oil spill plan is also required within the implementation strategy (regulation 15(10)), must be tested at specified intervals (regulation 15(10)(b)-(c)), and the Minister must approve any revisions (regulation 23(3)-(6)). Operators cannot treat oil spill planning as a one‑off.
Record retention and availability. Records must be retained for 5 years and made available to the Minister and inspectors on request (regulation 31(1) and regulation 32(3)-(7)). Operators must maintain a nominated address and facsimile or email within Australia for such requests, which creates obligations for data management and physical presence (regulation 38(4)-(5)).
Non‑duplication exceptions can still be triggered. Regulation 39(1) prevents duplication only where information has already been given under the Act or another written law. If records are lost or destroyed and the operator has been notified, the exception does not apply (regulation 39(2)). Operators cannot rely on duplication if data custody issues exist.
Minister may decline to consider submissions if operator details are missing. The Minister may refuse to consider Part 2 submissions until instrument holders and operators have complied with notification obligations (regulation 40(1)), which can delay plan progress.
Transitional obligations for legacy plans. Previously accepted environmental management plans become environment plans (regulation 43(1)), but the operator must submit a revision within the transitional period if the plan does not meet the regulation 11(1) criteria (regulation 43(3)). This may require immediate plan work for operators relying on legacy documents.
Fixed fine levels do not scale with turnover or environmental harm. Fines are expressed as fixed dollar amounts and do not vary with the size of the operator, the scale of the breach, or the environmental harm occasioned. That may affect compliance incentives differently for large versus small operators.
Records requests require proof of authority. Operators may request written evidence of a delegate’s authority or inspector’s appointment before providing records (regulation 32(5)), potentially slowing immediate information sharing in non‑emergency circumstances, though in emergencies records must be made available as soon as possible (regulation 32(6)(a)).

These items are concrete operational friction points in the regulations that will require planning, resourcing and governance controls by operators and instrument holders.

This section is a practical compliance checklist and implementation guide, grounded in the specific regulatory text. It frames compliance as tasks, timelines and evidence requirements.

Pre‑commencement: obtain an approved environment plan

Do not commence an activity without an approved environment plan. Submit the plan to the Minister before starting (regulation 9(1)); commencement without approval is an offence with a $10 000 fine (regulation 6).
If you plan staged activity, agree with the Minister that the plan may be submitted for stages (regulation 9(2)).

Draft the environment plan to statutory content requirements

Ensure the plan includes the comprehensive activity description: locations, facility construction and layout, operational details and timetables (regulation 14(1)).
Describe the existing environment and relevant values and sensitivities (regulation 14(2)).
Catalogue all environmental impacts and risks, evaluate them, and explain the risk assessment process and severity categories (regulation 14(3)).
Set clear environmental performance objectives, standards and measurement criteria that permit performance assessment (regulation 14(5)).
List all legal, international and code obligations relevant to environmental management (regulation 14(6)(a)-(b)).

Prepare a robust implementation strategy

Identify systems, practices and procedures to continuously reduce impacts to as low as reasonably practicable and to meet objectives and standards (regulation 15(2)-(3)).
Document the chain of command and roles and responsibilities for implementation, management and review (regulation 15(4)).
Include training and competency measures for employees and contractors (regulation 15(5)).
Provide for monitoring, auditing and management of non‑compliance (regulation 15(6)).
Specify monitoring arrangements that are accurate and auditable and the schedule for continuous or interval monitoring (regulation 15(7)(a)-(b)).
If produced formation water injection/re‑injection is possible, specify maximum permissible petroleum concentration for injected fluids (regulation 15(8)).
Include full chemical and substance disclosure for treatment fluids and subsurface introductions (regulation 15(9)).
Include a detailed oil spill contingency plan with modelling, emergency response, recovery arrangements and testing schedules (regulation 15(10)).

Build monitoring and testing capability

Implement monitoring equipment and protocols to deliver accurate, auditable results aligned to the plan’s measurement criteria (regulation 15(7)(a)-(c), regulation 34(2)-(6)).
Set and document calibration and maintenance schedules; retain calibration records (regulation 31(2)(e)).
Ensure capacity to produce emissions and discharge reports for each 3‑month reporting period within 15 days after period end (regulation 34(1) and (9)).

Establish incident categorisation, notification and reporting procedures

In the plan, classify reportable incidents and recordable incidents using the plan’s risk assessment process and list them (regulation 17(1)(c), 17(2)).
Set up operational procedures to notify reportable incidents to the Minister as soon as practicable and within 2 hours of occurrence or detection, and to prepare a written report within 3 days (regulations 28(3)(a), 29(3)).
Prepare to submit monthly recordable incident reports within 15 days after each month (regulation 30(3)).

Maintain records and data governance

Retain the environment plan, revisions, monitoring reports, calibration logs and incident reports for 5 years in retrievable form (regulation 31(1)-(2)).
Provide for making records available to the Minister and inspectors on request; maintain a nominated address and an Australian facsimile number or email for record requests (regulation 32(3)-(7) and regulation 38(4)-(5)).
Maintain procedures to provide written evidence of authority when inspecting credentials are requested (regulation 32(5)).

Manage produced formation water and dispersant use

Design processes and treatment to ensure produced formation water discharged to sea does not exceed an average 30 mg/L petroleum over any 24‑hour period (regulation 33(1)(a)).
If intending to inject or re‑inject produced formation water, specify permissible concentrations in the plan and adhere to them (regulation 33(1)(b)).
If a higher concentration is sought temporarily, prepare a case for Ministerial consent demonstrating conformity with the narrow consenting conditions in regulation 33(4)-(5).
Ensure that chemical dispersant will not be applied without prior written consent from the Minister or the appropriate hazard management agency, and design response arrangements accordingly (regulation 35).

Keep plan revisions and periodic review on schedule

Submit proposed revisions before commencing a new activity or a significant modification not provided for in the plan (regulation 18(1)).
Submit revisions within the specified timeframe after change of operator or instrument holder, or after the occurrence of significant new impacts or risks (regulation 18(2)).
Be responsive to ministerial revision notices under regulation 19 and use the 21‑day submission window to present reasons or propose alternative terms (regulation 19(3)-(6)).
Plan for five‑yearly revisions and for oil spill contingency revisions every 2 years and 6 months (regulations 20 and 23). Submit revision proposals at least 14 days before the five‑year or 2.5‑year expiry as applicable.

Coordinate with instrument holders and other statutory obligations

Ensure the instrument holder has appointed and notified an operator and that notifications to the Minister of operator contact details occur before first submission (regulation 37(3)).
Map obligations from the principal Act, emergency management and any other relevant legislation or international obligations into the environment plan (regulation 14(6)(a), regulation 35).

Prepare for Ministerial decision outcomes

Expect that the Minister may approve in part or impose limitations or conditions (regulation 11(4)).
Build operational flexibility to accept conditions such as holding off commencement until an oil spill contingency plan is approved (regulation 11(4)(c)).
In the event of a ministerial intention to withdraw approval, use the 30‑day notice window to submit matters for consideration and to document remedial steps (regulation 26(2), (5)-(6)).

Governance and compliance assurance

Appoint a named compliance lead and maintain a clear chain of command for environmental performance as required by regulation 15(4).
Conduct regular audits and tests of monitoring equipment as required by the plan and regulation 34(4)-(6), and record corrective actions.
Keep internal logs demonstrating training, competence and contractor induction to meet regulation 15(5).
Maintain a register of records equivalent to the Minister’s requirement under regulation 41.

Public disclosure and stakeholder engagement

Prepare a public summary of the approved environment plan and submit it for public disclosure within 10 days of approval (regulation 11(7)-(8)). Be prepared to modify the summary within 10 days if the Minister requires it (regulation 11(9)-(10)).
Document consultations with relevant authorities and interested persons in the plan and implement the consultation commitments in the implementation strategy (regulations 14(6)(b), 15(11), 17(1)(b)).

Contingency and emergency readiness

Conduct regular testing of oil spill contingency arrangements at intervals specified in the plan and document test results and follow‑up actions (regulation 15(10)(b)-(c)).
Ensure emergency contact information is current and that the nominated address and electronic contact points can deliver records promptly during an emergency (regulation 32(6)(a), regulation 38(4)-(5)).

Record‑keeping for enforcement defence

Design record systems to show contemporaneous monitoring, calibration, test results and incident communications to support defences such as "reasonable excuse" where applicable (regulations 28(2), 29(2), 30(2)).
Retain evidence of ministerial consents, approvals, conditions and communications to demonstrate compliance with authorisations such as for dispersant use or higher discharged concentrations (regulations 33(3)-(5), 35).

Following this checklist maps regulatory requirements into operational workstreams: plan drafting and approval, implementation controls, monitoring and testing regimes, incident preparedness and response, recordkeeping, and an administrative interface with the Minister and other agencies. Each step links to a specific regulatory provision cited above; compliance is demonstrated by documentary evidence retained for the five‑year period and by procedures that translate plan commitments into verifiable actions.

Deep Dive

What it does

Current sections