Petroleum Pipelines (Environment) Regulations 2012 (Western Australia)

These regulations create a prescriptive, Minister‑administered environmental approval and compliance regime for pipeline activities under the Petroleum Pipelines Act 1969. At a mechanical level the instrument requires an operator to submit a written environment plan (an EP) before commencing pipeline activity (regulation 9(1)). The Minister must approve, refuse or seek further process within 30 days or notify a timetable (regulation 10). Approval is conditioned on the Minister being reasonably satisfied that the EP is appropriate for the nature and scale of the activity, will reduce environmental impacts and risks to “as low as is reasonably practicable”, sets environmental performance objectives and standards, includes an implementation strategy, and contains monitoring, recording and reporting arrangements (regulation 11(1)(a)-(f); regulation 14(5)-(6); regulation 15).

The EP must contain a comprehensive environmental assessment (regulation 14), an implementation strategy including an oil spill contingency plan (regulation 15(8)), monitoring and reporting arrangements (regulation 16), and a corporate environmental policy, consultation report and list of reportable incidents (regulation 17). The Minister can approve plans in part, impose conditions or limitations, and approve a plan subject to a condition that an oil spill contingency plan be subsequently approved (regulation 11(4)(a)-(c); regulation 12). If the Minister approves subject to condition, the operator must not commence the pipeline activity unless that condition is satisfied (regulation 11(4)(c)).

The regime creates ongoing duties: revision obligations when circumstances change (regulation 18), periodic revision every 5 years (regulation 20), and specific 2.5 year refresh of oil spill contingency plans (regulation 23). It prescribes incident notification and reporting requirements, including immediate notification of reportable incidents within 2 hours (regulation 28(3)), a written report within 3 days (regulation 29(3)), and monthly recordable incident reports due within 15 days after the month (regulation 30). Emissions and discharges must be monitored and reported each quarter (regulation 33). Records must be retained for 5 years and be made available to the Minister or an inspector on request (regulations 31 and 32).

CrestWestern Australia

Petroleum Pipelines Act 1969

Petroleum Pipelines (Environment) Regulations 2012

Western Australia

Petroleum Pipelines (Environment) Regulations 2012

Contents

Part 1 — Preliminary

Citation 1
Commencement 1
Object of regulations 1
Terms used 2
References to pipeline activity 5

Part 2 — Environment plans

Division 1 — Requirement for environment plan

Approved environment plan required for pipeline activity 6
Pipeline activity must comply with approved environment plan 6
Pipeline 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 7
Time limit for approving or not approving environment plan 8
Approval of environment plan 8
Approval of oil spill contingency plan submitted in accordance with condition imposed by Minister 11

Division 3 — Contents of environment plan

Contents of environment plan 12
Environmental assessment 12
Implementation strategy for environment plan 14
Monitoring, recording and reporting arrangements 16
Other information in environment plan 17

Division 4 — Revision of environment plan

Revision because of a change, or proposed change, of circumstances or pipeline activity 18
Revision required by Minister 19
Revision every 5 years 20
Form of proposed revision 21
Approval of revised environment plan 21
Additional requirement for revision of oil spill contingency plan 22
Effect of non‑approval of proposed revision 23

Division 5 — Withdrawal of approval of environment plan

Withdrawal of approval of environment plan 23
Steps to be taken before withdrawal of approval 24
Withdrawal of approval not affected by other provisions 25

Part 3 — Incidents, reports and records

Notifying reportable incidents 26
Written report of reportable incidents 26
Written report of recordable incidents 27
Storage of records 28
Making records available 29

Part 4 — Environmental requirements

Monitoring and reporting on emissions and discharges 31
Application of chemical dispersant to oil spills 32

Part 5 — Operators of pipeline activities

Term used: contact details 33
Requirement for, and notification of, operator 33
Operator to give details 33
No requirement to give information more than once 35
Minister may decline to consider submission if information not given 35
Minister to keep register 35

Part 6 — Transitional provisions

Terms used 37
Environmental management plans in force before commencement day 37
Environmental management plans submitted before commencement day 39
Pipeline activities for which no environmental management plan in force before commencement day 39

Notes

Compilation table 41

Western Australia

Petroleum Pipelines Act 1969

Petroleum Pipelines (Environment) Regulations 2012

Part 1 — Preliminary

1. Citation

	These regulations are the *Petroleum Pipelines (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 pipeline activity 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 pipeline 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 —

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 a pipeline activity, means an environment plan submitted by the operator of the pipeline 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 a pipeline 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;

instrument holder, for a pipeline activity, means the registered holder of a pipeline instrument for the pipeline activity and includes a licensee;

nominated address, for an operator, means the address of the operator of which notice has been given under regulation 37(5)(a);

operator, of a pipeline activity, means —

(a) if there is a person recorded by the Minister as the operator of the pipeline activity under regulation 40 — that person; or

(b) in any other case —

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

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

pipeline activity means —

(a) any operations or works carried out under a pipeline instrument; or

(b) any other operations or works carried out in relation to a pipeline which may have an environmental impact,

and includes —

(d) operation of a pipeline; and

(e) modification of a pipeline; and

(f) decommissioning, dismantling or removing a pipeline; and

(g) storage, processing or transport of petroleum using a pipeline;

pipeline instrument means —

(a) a licence; or

(b) any other authority or consent granted by instrument under the Act for the carrying out of operations or works relating to a pipeline;

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

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

(b) is not a reportable incident;

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

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

(b) an incident arising from the pipeline 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 pipeline activity, that environmental impact is categorised as moderate or more serious than moderate;

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

5. References to pipeline activity

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

(a) a proposed pipeline activity; and

(b) any stage of a pipeline activity.

Part 2 — Environment plans

Division 1 — Requirement for environment plan

6. Approved environment plan required for pipeline activity

The operator of a pipeline activity commits an offence if —

(a) the operator carries out the pipeline activity; and

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

Penalty: a fine of $10 000.

7. Pipeline activity must comply with approved environment plan

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

(a) the environment plan for the pipeline activity; or

(b) any limitation or condition applying to the pipeline 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 pipeline 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 pipeline 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. Pipeline activity must not continue if new or increased environmental impact or environmental risk identified

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

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

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

(ii) a significant increase in any existing environmental impact or environmental risk arising from the pipeline 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 pipeline 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 a pipeline activity, the operator of the pipeline activity must submit an environment plan for the pipeline activity to the Minister.

(2) An environment plan may be submitted for one or more stages of the pipeline 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 pipeline activity; and

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

(c) demonstrates that the environmental impacts and environmental risks of the pipeline 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 pipeline activity;

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

(c) if the environment plan does not include an oil spill contingency plan as required by regulation 15(8) — approve the plan subject to a condition that the operator must not commence the pipeline activity before an oil spill contingency plan is approved for the pipeline 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 pipeline activity;

(ii) approve the plan subject to the imposition of limitations or conditions applying to the pipeline 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 pipeline 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 pipeline activity or the operator’s agent;

(b) the location or locations of the pipeline activity;

(d) a summary of —

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

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

(iii) the environmental impacts and environmental risks of the pipeline 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.

(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(8); and

(b) is appropriate for the nature and scale of the pipeline 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 a pipeline activity under this regulation, the environment plan for the pipeline 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 a pipeline 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 pipeline activity including the following —

(a) the location or locations of the pipeline activity;

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

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

(2) The environment plan must —

(a) describe the existing environment that may be affected by the pipeline 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 pipeline 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 pipeline 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 pipeline 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 pipeline 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 pipeline 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 pipeline activity.

15. Implementation strategy for environment plan

(1) The environment plan must include an implementation strategy for the pipeline 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 pipeline 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 pipeline 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 the 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) 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 pipeline 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

(9) 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 pipeline 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 pipeline 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 pipeline activity

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

(a) any new pipeline activity; or

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

that is not provided for in the environment plan.

Penalty: a fine of $10 000.

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

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

Penalty: a fine of $10 000.

19. Revision required by Minister

(1) The Minister, by written notice given to the operator of a pipeline activity, may require the operator to submit a proposed revision of the environment plan for the pipeline 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 a pipeline activity must submit to the Minister a proposed revision of the environment plan for the pipeline 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 a pipeline activity must submit to the Minister a proposed revision of the oil spill contingency plan included in the environment plan for the pipeline 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(8); and

(b) is appropriate for the nature and scale of the pipeline 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 pipeline 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 a pipeline activity, may withdraw the approval of the environment plan for the pipeline activity on any of the following grounds —

(a) that the operator or instrument holder for the pipeline activity has not complied with a direction given by the Minister under section 41 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 a pipeline 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 pipeline 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 a pipeline activity on the ground that the operator or instrument holder for the pipeline activity has not complied with —

(a) a direction given by the Minister under section 41 of the Act; or

(b) regulation 7, 8, 18, 19 or 20,

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 a pipeline 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 41 of the Act; or

(b) regulation 7, 8, 18, 19 or 20,

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 a pipeline 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 a pipeline 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 a pipeline 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 a pipeline 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 pipeline 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 33;

(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 a pipeline activity must make available, in accordance with this regulation, copies of the records for the pipeline 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 pipeline 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

33. Monitoring and reporting on emissions and discharges

(1) In this regulation —

reporting period, in relation to a pipeline activity, means —

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

(b) each subsequent period of 3 months.

(2) The operator of a pipeline activity must, in accordance with subregulation (3), monitor all emissions and discharges to the environment that —

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

(b) are specified in the environment plan for the pipeline 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 pipeline activity.

(4) The operator of a pipeline 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 pipeline activity in accordance with regulation 15(7)(c).

(6) The operator of a pipeline 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 a pipeline 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).

34. 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 a pipeline 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 pipeline activities

35. 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.

36. Requirement for, and notification of, operator

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

Penalty: a fine of $10 000.

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

(3) The instrument holder must notify the Minister, in writing, of the contact details of the operator of the pipeline activity before the first submission in relation to the pipeline 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 pipeline 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 a pipeline activity carried out under the instrument.

37. Operator to give details

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

(a) the appointment of an agent of the operator in relation to the environmental management of the pipeline 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 pipeline 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 a pipeline 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 a pipeline activity, at all times after the pipeline activity has commenced, must maintain —

(a) an address of the operator for communications on matters relating to the environmental management of the pipeline 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 a pipeline activity, at all times after the pipeline 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.

38. No requirement to give information more than once

(1) Despite any other provision of this Part, an instrument holder for a pipeline activity or operator of a pipeline 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.

39. 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 a pipeline activity until —

(a) the instrument holder for the pipeline activity complies with regulation 36; or

(b) the operator of the pipeline activity complies with regulation 37.

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

40. Minister to keep register

The Minister must maintain a register or other record of information about an operator of a pipeline 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

41. 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 pipeline instrument is subject immediately before commencement day;

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

42. Environmental management plans in force before commencement day

(1) An environmental management plan that is in force for a pipeline 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 a pipeline activity; and

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

the operator of the pipeline 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.

43. Environmental management plans submitted before commencement day

If, immediately before commencement day, the operator of a pipeline activity had submitted an environmental management plan for the pipeline 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 pipeline 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.

44. Pipeline activities for which no environmental management plan in force before commencement day

(1) If —

(a) a pipeline 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 pipeline activity immediately before commencement day,

the operator of the pipeline activity must submit an environment plan for the pipeline 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 33 do not apply to the pipeline 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 pipeline 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 Pipelines (Environment) Regulations 2012. The following table contains information about those regulations.

Compilation table

Citation	Gazettal	Commencement
Petroleum Pipelines (Environment) Regulations 2012	28 Aug 2012 p. 4081-127	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)

approved 4

commencement day 41

contact details 35

environment 4

environment plan 4

environmental impact 4

environmental management plan 41

environmental performance 4

environmental performance objective 4

environmental performance standard 4

environmental risk 4

instrument holder 4

nominated address 4

operator 4

pipeline activity 4

pipeline instrument 4

recordable incident 4

records 32(1)

reportable incident 4

reporting period 33(1)

revise 4

specified day 26(5)

transitional period 41

transitioned plan 42(3)

Western Australia

Petroleum Pipelines Act 1969

Petroleum Pipelines (Environment) Regulations 2012

Western Australia

Petroleum Pipelines (Environment) Regulations 2012

Contents

Part 1 — Preliminary

Citation 1
Commencement 1
Object of regulations 1
Terms used 2
References to pipeline activity 5

Part 2 — Environment plans

Division 1 — Requirement for environment plan

Approved environment plan required for pipeline activity 6
Pipeline activity must comply with approved environment plan 6
Pipeline 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 7
Time limit for approving or not approving environment plan 8
Approval of environment plan 8
Approval of oil spill contingency plan submitted in accordance with condition imposed by Minister 11

Division 3 — Contents of environment plan

Contents of environment plan 12
Environmental assessment 12
Implementation strategy for environment plan 14
Monitoring, recording and reporting arrangements 16
Other information in environment plan 17

Division 4 — Revision of environment plan

Revision because of a change, or proposed change, of circumstances or pipeline activity 18
Revision required by Minister 19
Revision every 5 years 20
Form of proposed revision 21
Approval of revised environment plan 21
Additional requirement for revision of oil spill contingency plan 22

The regulations rest on a few recurring legal and technical concepts that shape obligations and enforcement.

Environment plan and approval. The environment plan is the central instrument. Defined in regulation 4, an “environment plan” is the EP submitted by the operator and approved and revised under the regulations. The operator must have an approved EP before carrying out pipeline activity (regulation 6) and must comply with it (regulation 7). Approval is explicit and conditional under regulation 11. Approval may be partial or conditional (regulation 11(4)(a)-(c)) and approved oil spill contingency plans become part of the EP (regulation 12(7)).
Environmental impacts and environmental risks. The regulations distinguish environmental impact and environmental risk as separate defined terms (regulation 4). An “environmental impact” is any change to the environment resulting from pipeline activity. An “environmental risk” is the chance of an adverse environmental impact assessed by consequence and likelihood. The EP must list and evaluate all impacts and risks, arising directly or indirectly, including potential emergency conditions (regulation 14(3)-(4)).
Environmental performance objectives, standards and measurement criteria. EPs must include performance objectives (goals), standards (performance required of people, equipment and procedures) and measurable criteria to determine compliance (regulation 14(5)). These tie the qualitative assessment in the EP to measurable obligations for monitoring and audit in the implementation strategy (regulation 15(6)-(7)).
Implementation strategy. The EP must set out an implementation strategy that includes systems, procedures, chain of command, competency and training, audits, monitoring of emissions and discharges and testing of monitoring equipment (regulation 15(1)-(7)). It must include an oil spill contingency plan covering preparedness, emergency response, recovery and trajectory modelling, and require testing of arrangements (regulation 15(8)).
Incident classification and reporting. The EP itself must define reportable incidents through its risk assessment process and list such incidents (regulation 17(1)(c) and (2)). A reportable incident is either one so classified by the EP or any incident that causes or potentially causes an adverse environmental impact categorised as moderate or worse under the EP’s risk assessment process (regulation 4). Recordable incidents are those that breach EP objectives or standards but are not reportable incidents (regulation 4).
Ministerial discretion and process. The Minister makes approval decisions under a “reasonably satisfied” standard (regulation 11(1)), may require revisions (regulation 19), may withdraw approval for listed grounds (regulation 25), and must give reasons in certain notices (regulation 11(6); regulation 19(6); regulation 26(3)). The Minister also keeps a register of operators and agents (regulation 40).
Operator and instrument holder roles. The regulations separate the instrument holder and operator functions. The instrument holder must ensure an operator at all times and must notify the Minister of the operator’s contact details (regulation 36). The operator holds primary duties to submit EPs, implement them, monitor, report incidents, keep records and make records available (regulations 9, 15, 28-33, 31-32). Definitions vary depending on Ministerial records: a person recorded by the Minister as operator is the operator for the pipeline activity (regulation 4 “operator”).
Timed review and revision cadence. EPs must be revised on specified triggers, including significant changes or new impacts (regulation 18), on Ministerial request (regulation 19), every five years (regulation 20), and oil spill contingency plans every 2.5 years (regulation 23).

These concepts create a regulatory architecture that converts the environmental assessment and management processes into discrete legal obligations, measurable reporting duties and Ministerial decision points, each with penalties for non‑compliance and procedural steps for revision and withdrawal.

The regulations allocate duties and liabilities primarily among three groups: instrument holders, operators and their agents. They also directly involve the Minister, potentially prescribed hazard management agencies under the Emergency Management Act 2005, inspectors, and other relevant authorities and interested persons engaged in consultation.

Instrument holders. Defined in regulation 4, the instrument holder is the registered holder of a pipeline instrument for the pipeline activity and includes a licensee. Instrument holders have direct duties to ensure at all times there is an operator (regulation 36(1)). They must notify the Minister of contact details of the operator before the first submission under Part 2 and of any change of operator (regulation 36(3)-(4)). Failure to ensure an operator or to notify the Minister carries a $10 000 fine (regulation 36(1), (3)-(4)).
Operators. The operator is the central regulated person for operational and environmental management duties (regulation 4). That person can be the person recorded by the Minister under regulation 40 or, where there is a pipeline instrument, the person responsible to the instrument holder for overall management and operation (regulation 4). Operators must submit and obtain approval for EPs before commencing activity (regulation 9(1); regulation 6), comply with approved EPs and any limitations and conditions (regulation 7), submit revisions (regulations 18, 19, 20, 23), notify and report incidents (regulation 28-30), conduct and report monitoring and tests (regulation 33), maintain records for 5 years and make them available on request (regulation 31-32), and maintain and notify contact details (regulation 37). Many of those duties carry monetary penalties for breach, ranging from $4 000 to $10 000 depending on the provision.
Agents. Operators may appoint agents for environmental management. Agents must be notified to the Minister within 7 days of appointment or change (regulation 37(1)(a)-(b)). Contact details of agents must be included in submissions (regulation 37(3)).
Minister and Ministerial delegates. The Minister has decision‑making and enforcement responsibilities. The Minister approves, refuses or conditions EPs (regulation 11), may require revisions (regulation 19), may withdraw approval for enumerated grounds (regulation 25), and must maintain a register of operators and agents (regulation 40). The Minister also receives incident notifications and reports and may request records or have inspectors request records (regulation 32).
Inspectors and relevant authorities. Inspectors may request records (regulation 32(3)(b)). The EP must demonstrate consultation with relevant authorities and interested persons and organisations (regulation 11(1)(f); regulation 15(9); regulation 17(1)(b)).
Hazard management agencies under Emergency Management Act 2005. For application of chemical dispersant to oil spills arising from pipeline activities, written consent is required either from the Minister or the appropriate hazard management agency prescribed under the Emergency Management Act 2005 (regulation 34). That introduces another statutory decision‑maker into spill response choices.
Employees, contractors and service providers. The EP must ensure employees and contractors are aware of environmental responsibilities and have appropriate competencies and training (regulation 15(5)). Providers of monitoring equipment will be implicated by requirements for equipment testing and calibration records (regulation 15(7)(c); regulation 33(4)-(6); regulation 31(2)(d)-(e)).

The distribution of duties places direct compliance costs and liabilities on instrument holders and operators. The Minister and delegated inspectors are the principal enforcers and decision‑makers. Other bodies appear in the EP as consultees or approvers for specific actions, such as dispersant use, and as potential recipients of the EP summary when published by the operator (regulation 11(7)-(8)).

The regulations convert environmental management into discrete legal duties for operators and instrument holders and set out rights relating to process and information. Below are the principal duties and the countervailing procedural rights created by the text.

Key duties

Submit an environment plan before commencement. Operators must submit an EP to the Minister before commencing pipeline activity (regulation 9(1)). Submitting for stages is possible by agreement (regulation 9(2)).
Obtain and comply with approval. Operators must not carry out pipeline activity without an approved EP (regulation 6). They must carry out activity in accordance with the EP and any limitations or conditions imposed under approval (regulation 7(1)). The operator may proceed contrary to the EP only if the Minister gives written consent and reasonably believes there will be no significant new or increased impacts or risks (regulation 7(2)-(3)).
Revise EPs on triggers. Operators must submit proposed revisions before starting new activities, significant modifications or when significant new impacts or increases in impacts occur and are not provided for in the EP (regulation 18(1)-(2)). Operators must also submit revisions when directed by the Minister (regulation 19), every five years (regulation 20), and specifically revise oil spill contingency plans every 2.5 years (regulation 23).
Incident notification and reporting. Operators must notify reportable incidents as soon as practicable and within two hours of first occurrence or awareness (regulation 28(3)). A written report of the reportable incident must be submitted as soon as practicable and in any case within three days (regulation 29(3)). Monthly written reports of recordable incidents are required within 15 days after the end of the month (regulation 30(3)).
Monitoring, testing and reporting of emissions and discharges. Operators must monitor emissions and discharges specified in the EP for each reporting period and conduct tests on monitoring equipment to verify accuracy (regulation 33(2)-(5)). Emissions and discharges must be reported each quarter within 15 days after the reporting period (regulation 33(7) and (9)).
Record keeping and making records available. Operators must retain EPs, revisions, monitoring reports, test records, calibration and maintenance records, and copies of notifications and reports for 5 years and make them available on request to the Minister or an inspector (regulation 31(1)-(2) and regulation 32).
Maintain contact and notification details. Instrument holders must ensure an operator is in place and notify the Minister of the operator’s contact details before the first submission (regulation 36(1)-(3)). Operators must notify the Minister within 7 days of appointing or changing an agent, and must include contact details in submissions (regulation 37(1) and (3)). Operators must maintain an address and email/facsimile within Australia for communications and records requests (regulation 37(4)).
Oil spill contingency arrangements. The EP must include an oil spill contingency plan and testing arrangements, and the Minister can refuse to approve the EP until a compliant oil spill contingency plan is approved (regulation 15(8); regulation 11(4)(c); regulation 12).

Rights and procedural protections

Opportunity to modify and resubmit. If the Minister is not reasonably satisfied with an EP initially, the Minister must give the operator a reasonable opportunity to modify and resubmit the plan (regulation 11(2)). The same applies for oil spill contingency plans (regulation 12(3)).
Notice and reasons for decisions. The Minister must give written notice of decisions to approve, not approve, approve in part or approve with conditions and must set out the terms and reasons where limitations or conditions are imposed or where plans are not approved (regulation 11(5)-(6)). Notices requiring revisions must set out the matters to be addressed, the submission date, proposed date of effect and grounds, and the Minister must give reasons for decisions on submissions made under regulation 19(6).
Right to make submissions on revision notices. Where the Minister requires a revision under regulation 19(1), the operator has 21 days to make written submissions explaining why the revision should not be made, should be in different terms, or why proposed dates should be different (regulation 19(3)). The Minister must consider and decide whether to withdraw, vary or proceed with the notice and provide written notice of the decision (regulation 19(4)-(6)).
Procedural steps before withdrawal. Before withdrawing approval of an EP, the Minister must give at least 30 days’ written notice of intention to withdraw, set out the ground, provide persons a chance to make submissions, and take into account remedial steps taken by the operator (regulation 26(2)-(6)).
Defences of reasonable excuse. Certain offence provisions provide a defence if the operator has a reasonable excuse, notably for notification and reporting offences (regulations 28(2), 29(2), 30(2)) and for failure to give notice of agents or changes (regulation 37(2)).

These duties and rights create a framework where operators must produce detailed technical and management documentation, maintain monitoring regimes and recordkeeping systems, and respond quickly to incidents, with procedural opportunities to respond to Ministerial requests and decisions.

The regulations specify monetary penalties for particular contraventions, provide enforcement levers for the Minister, and enable inspectors to request records. Enforcement is primarily administrative backed by fines, plus the Minister’s power to decline to consider submissions, require revisions or withdraw approval.

Monetary penalties specified in the regulations

No approved environment plan. Carrying out a pipeline activity where there is no environment plan is an offence punishable by a fine of $10 000 (regulation 6).
Non‑compliance with approved EP or conditions. Carrying out a pipeline activity contrary to the EP or any limitation or condition applying under regulation 11(4)(b) is an offence with a $10 000 fine. There is an exception where the operator has written Ministerial consent and the Minister reasonably believes there will be no significant new or increased environmental impacts or risks (regulation 7(1)-(3)).
Continuing after new or increased impact. Carrying out pipeline activity after the occurrence of any significant new environmental impact or increase in impact not provided for in the EP is an offence with a $10 000 fine, except where the operator has submitted a proposed revision and the Minister has not refused it (regulation 8).
Failure to submit EP before commencement or in transitional cases. Where no EP was in force before commencement day, operators must submit an EP within the transitional period or face $10 000 (regulation 44(1)). Regulation 9(1) requires submission before commencement; regulation 6 penalises carrying out activity without an EP.
Resubmission and summary duties. Within 10 days of approval, the operator must submit a summary of the EP for public disclosure. Failure to resubmit a modified summary within 10 days after a Minister’s request is subject to a $5 500 fine (regulation 11(7)-(10)).
Incident notification and reporting. Failure to notify a reportable incident as required is a $5 500 fine (regulation 28(1)). Failure to submit a written report of a reportable incident within required time is a $5 500 fine (regulation 29(1)). Failure to submit monthly reports of recordable incidents is a $5 500 fine (regulation 30(1)). Defences of reasonable excuse are available for these reporting offences (regulations 28(2), 29(2), 30(2)).
Records and availability. Failure to store records for five years and to make retrieval reasonably practicable carries a $4 000 fine (regulation 31(1)). Failure to make records available on request to the Minister or an inspector carries a $4 000 fine (regulation 32(2)). Operators may require written evidence of delegation or appointment before releasing records (regulation 32(5)).
Monitoring and reporting of emissions. Failure to monitor specified emissions and discharges, to test monitoring equipment, to record results, or to submit reports each reporting period carries $5 500 fines for each contravention (regulation 33(2), (4), (6), (7)).
Operator contact obligations. Penalties of $10 000 apply to failures to give required notifications about the operator or agent, and to maintain contact details and nominated addresses for records requests (regulation 36(3)-(4); regulation 37(1), (3)-(5)).

Administrative enforcement levers

Ministerial refusal, conditions and partial approval. Under regulation 11(4) the Minister can approve in part, impose limitations or conditions or require subsequent approval of an oil spill contingency plan before commencement. These decisions are documented in writing and reasons must be provided where a plan is not approved or conditions are imposed (regulation 11(5)-(6); regulation 12(5)-(6)).
Requirement to revise and withdrawal. The Minister can require revisions (regulation 19) and withdraw approval on enumerated grounds such as non‑compliance with obligations or directions under section 41 of the Act (regulation 25). Before withdrawal the Minister must give at least 30 days’ written notice and opportunity to make submissions, and must consider remedial actions taken by the operator (regulation 26(2)-(6)).
Declining to consider submissions. The Minister may decline to consider submissions until instrument holders and operators provide contact and operator information required under Part 5 (regulation 39).

Record and inspection powers

Register. The Minister must maintain a register or other record of operator and agent information provided under Part 5 (regulation 40).
Inspectors and document production. Operators must make records available to the Minister on written request and to inspectors on written request (regulation 32(3)). The operator may require evidence of delegation or appointment before releasing records (regulation 32(5)).

Procedural protections

Defences of “reasonable excuse” exist for certain reporting obligations (regulations 28(2), 29(2), 30(2)) and for delayed notice of an agent where a reasonable excuse exists (regulation 37(2)). The Minister is required to provide reasons for certain decisions and an opportunity to respond to proposed revisions and to withdrawal notices (regulations 11(6); 19(3)-(6); 26(2)-(6)).

Together, the monetary penalties, the Ministerial powers to condition and withdraw approval, and record and inspection obligations create a compliance system that combines prospective technical requirements with retrospective enforcement options. The Minister’s power to approve in part, impose conditions and require revisions produces ongoing leverage over operators beyond a single point of approval.

The regulations are structured to operate within the broader statutory environment. They explicitly reference the Petroleum Pipelines Act 1969 and integrate with other legislative instruments and obligations.

Linkages to the primary Act

The regulations operate under the Petroleum Pipelines Act 1969. They reference the Act directly in several places. For example, withdrawal of approval may be based on non‑compliance with a direction given by the Minister under section 41 of the Act (regulation 25(1)(a); regulation 27(1)(a)). The definitions of pipeline instrument and instrument holder presuppose the Act’s authorisations for licences and consents (regulation 4).

Other statutory instruments and obligations

Emergency Management Act 2005. Regulation 34 provides that chemical dispersants may not be applied to an oil spill arising from a pipeline activity unless the Minister or an appropriate hazard management agency prescribed under the Emergency Management Act 2005 has given written consent and any conditions are complied with. That inserts the hazard management agency into operational decision making for spill response.
International conventions, codes and other laws. The EP must describe requirements that apply to the pipeline activity under legislation, international conventions or agreements, or applicable codes of practice (regulation 14(6)(a)). This requires the operator to account for international obligations or industry codes when designing the EP. The regulations do not define which conventions or codes apply, leaving that to the EP process.

Inspection and enforcement regimes. The regulations require operators to make records available to the Minister and to inspectors on request (regulation 32(3)). The term “inspector” is not defined in these regulations but is commonly a defined enforcement role under the parent Act or other legislation. The cross‑reference to inspectors creates an interface for enforcement that relies on powers granted elsewhere.

Overlap with other environmental legislation. The object clause (regulation 3) emphasises ecologically sustainable development and minimising environmental impacts and risks. While the regulations specify EP requirements, they also require EPs to describe and comply with any legislative requirements relevant to environmental management (regulation 14(6)(a)). This means operators must align EPs with other state and Commonwealth environmental approvals or obligations applicable to the same activities.

Administrative and procedural crossovers. The Minister must keep a register of operators and agents (regulation 40). The ability of the Minister to require revisions, impose conditions and withdraw approval engages administrative law concepts. The regulations set out internal steps for notice and submissions (regulations 19, 26). These procedures interact with remedies and oversight available under general administrative law, though the regulations themselves do not specify appeal routes.

Transitional interactions. The transitional provisions (Part 6) convert pre‑existing environmental management plans required under pipeline instrument conditions into EPs for the purposes of these regulations (regulation 42). Where those transitioned plans do not meet the new regulatory criteria, operators have specified periods to submit revisions (regulation 42(3)).

In short, the regulations are not a free‑standing environmental regime. They require EPs to sit alongside, and be informed by, other statutory, international, and regulatory obligations. Specific cross‑references,Emergency Management Act 2005 for dispersant approval, section 41 of the Petroleum Pipelines Act for Ministerial directions,create concrete points where other laws intersect operational choices under the EP.

The regulations include limited and explicit compilation information and transitional arrangements; they do not record subsequent amendment entries within the provided text.

Commencement and gazettal. The compilation table at the end of the instrument records the Petroleum Pipelines (Environment) Regulations 2012 as gazetted on 28 August 2012, with regulations 1 and 2 commencing that day and the remainder commencing the following day, 29 August 2012 (compilation table).
Transitional provisions. Part 6 contains transitional provisions that convert environmental management plans required under pipeline instrument conditions immediately before commencement day into environment plans under the new regulations (regulation 42(1)). Transitional provisions provide a 12 month “transitional period” for compliance where the transitioned plan does not meet the new criteria (regulation 41 and regulation 42(3)). Where an EP was submitted but not accepted before commencement day, the plan is taken to be submitted under regulation 9 and the Minister must give a reasonable opportunity to modify and resubmit to meet new requirements (regulation 43).
No further amendment entries in the text. The provided instrument does not include subsequent amendment notes, tracked changes or later compilation entries beyond the initial gazettal and commencement. The notes at the end are limited to the original gazettal and commencement dates and the defined terms list. The compilation table does not show later amendment dates or changes within the provided material.
Effect of transitional conversions. The transitional mechanism treats environmental management plans in force prior to commencement as approved EPs and carries over any limitations or conditions previously accepted by the Minister as limitations or conditions under regulation 11(4)(b) (regulation 42(1)-(2)). Operators of transitioned plans that fail to meet the regulation 11(1) criteria must submit a proposed revision within the transitional period (regulation 42(3)). Regulation 44(1) imposes a $10 000 penalty where a pipeline activity was being carried out before commencement and no environmental management plan was in force; the operator must submit an EP within the 12 month transitional period.

Because the provided text contains only the original 2012 compilation information and the transitional arrangements, the reader should treat the instrument as set out on commencement. Any later amendments or legislative changes are not recorded in this text. The transitional provisions themselves are the primary “history” captured in the regulations and establish how pre‑existing plans and activities were folded into the new EP regime.

The regulations themselves, as provided, contain no reported litigation, no cited cases and no textual record of judicial decisions interpreting these regulations. The instrument does not include references to judicial determinations, decisions, or case law. Where the regulations require written reasons for certain Ministerial decisions and provide procedural steps for revisions and withdrawal, they do not note any statutory appeal route or specify a tribunal or merits review body within the text.

Given the absence of litigation entries in the text, practical implications for practitioners are as follows.

No cases cited. The regulations do not identify or rely on any case law. The statute supply is self‑contained and procedural. Any judicial or tribunal interpretation of the provisions would therefore be found outside this document in court or tribunal reports, which are not provided here.
Judicial review and administrative law. The regulations create administrative decisions that are expressed to be made by the Minister, including approval, partial approval, imposition of conditions, requiring revisions, and withdrawal of approval. The regulations require the Minister to give written reasons in some circumstances (for example where approval is refused or limitations or conditions are imposed, regulation 11(6); regulation 12(6); regulation 19(6); regulation 26(2)-(6)). The presence of reasoned written decisions and prescribed procedural steps is relevant to any judicial review challenge on procedural fairness or legality. The document itself does not specify a merits appeal mechanism such as review by a tribunal.
Evidence that might be litigated. The core factual elements that could be contested in litigation include whether an EP demonstrates that impacts and risks are reduced to “as low as is reasonably practicable” (regulation 11(1)(b)); whether an incident is properly categorised as reportable under the EP’s risk assessment process (regulation 4 and regulation 17(2)); and whether a proposed revision adequately addresses matters raised in a Ministerial notice (regulation 19). The regulation frames these matters in standards that are amenable to expert evidence and contested factual findings, which are common grounds for disputes.
Procedural steps that shape litigation risk. The regulations prescribe notice and submission periods before withdrawal of approval (regulation 26) and provide an opportunity to modify and resubmit plans if the Minister is not reasonably satisfied at first instance (regulation 11(2)). These procedural protections are relevant to arguments about exhaustion of remedies and procedural fairness in any challenge.

Because no litigation history is recorded in the instrument, practitioners should consult external legal databases and court records for any judicial or tribunal treatment of these regulations and for precedents interpreting concepts such as “reasonably satisfied”, “as low as is reasonably practicable” and the threshold for “moderate” environmental impacts in an EP’s risk assessment process.

The regulations are technical and administrative. Several practical pitfalls or unexpected legal effects can arise from the wording and structure of particular provisions. The following are concrete items for attention, grounded in the text.

Timing traps: the 30 day approval window and non‑invalidity rule. Regulation 10(1) requires the Minister to approve, refuse, or notify inability to decide within 30 days of submission. However regulation 10(2) states that a decision is not invalid simply because the Minister did not comply with the 30 day requirement. An operator that assumes a late decision is invalid faces risk of non‑compliance. Practitioners should treat the 30 day period as a service standard, not an absolute deadline that nullifies later decisions.
Commencement and oil spill contingency plan conditions. The Minister may approve an EP subject to a condition that an oil spill contingency plan be approved before commencement (regulation 11(4)(c)). An operator might assume that approval equals green light to operate. The regulations make clear that a conditional approval requiring an oil spill plan means the operator must not commence until that contingency plan is approved (regulation 11(4)(c) and regulation 12). Check approval notices carefully for conditions.
Obligation to stop if new or increased impacts occur. Regulation 8(1) makes it an offence to continue carrying out pipeline activity after the occurrence of a significant new environmental impact or increase in impact that is not provided for in the EP. The only exception in regulation 8(2) allows continuation if a proposed revision has been submitted and the Minister has not refused it. This is a tight constraint. If an operator becomes aware of such a new impact, the safe course is to submit a proposed revision promptly to rely on regulation 8(2). Otherwise continuing operations risks a $10 000 fine.
Definition of “operator” can change. Regulation 4 defines “operator” in a way that depends on the Minister’s register under regulation 40. A person recorded by the Minister as operator is the operator. Hence Ministerial records can change legal responsibility. Instrument holders must ensure their nominated operator is recorded and updated to avoid unintended liability (regulation 36 and regulation 40).
Multiple separate deadlines for reporting and recordkeeping. The instrument imposes overlapping and frequent deadlines: incident notification within 2 hours (regulation 28(3)); written incident report within 3 days (regulation 29(3)); monthly recordable incident reports within 15 days after month end (regulation 30(3)); quarterly emissions reports within 15 days of quarter end (regulation 33(9)); and 5 year retention for records (regulation 31(1)). Failure on any of these carries fines. Businesses must have systems in place to meet each timeline.
Summary for public disclosure. Within 10 days after approval, the operator must submit a summary for public disclosure covering specified items including contact details, location, environmental impacts and implementation strategy (regulation 11(7)-(8)). The Minister may require modification within 10 days if not satisfied (regulation 11(9)-(10)). Draft the summary concurrently with the EP to meet tight deadlines and avoid the $5 500 penalty.
Multiple overlapping revision obligations. Revisions are required on several triggers: new activities or significant changes (regulation 18), Ministerial direction (regulation 19), periodic five yearly review (regulation 20), and oil spill plan revision every 2.5 years (regulation 23). Some updates may overlap. Regulation 42(4) clarifies that transitional or other revision obligations do not impose duplicate obligations, but practitioners should map revision triggers to a single revision schedule to avoid duplication and potential non‑compliance.
Record access and delegation checks. Operators must make records available to the Minister or an inspector on written request (regulation 32(3)). Operators may require proof of delegation or inspectorial appointment before handing over records (regulation 32(5)). However delays in production may be penalised if not justified. Ensure procedures for verifying delegation are rapid and documented.
Interaction with other statutory consents. EPs must describe and account for requirements that apply under legislation, international conventions or codes of practice (regulation 14(6)). Operators cannot rely on the EP alone to demonstrate compliance with other environmental approvals. Crosscheck EP commitments against all related statutory consents and conditions.
Defences are limited to “reasonable excuse”. For several reporting offences there is an express defence of reasonable excuse (regulations 28(2), 29(2), 30(2), 37(2)). This is a narrow, case‑specific defence that requires contemporaneous evidence. Do not treat it as a general escape hatch.
Ministerial powers not automatically curtailed by non‑conviction. Regulation 27(1) provides the Minister may withdraw approval even though the operator has been convicted of an offence for the same underlying failure. Withdrawal is an independent administrative tool that can follow or precede criminal conviction.

These are practical risk points that the text itself discloses. Operational personnel, legal teams and compliance systems must map responsibilities to these specific rules rather than relying on broad compliance narratives.

The regulations mandate a combination of up‑front planning, documented processes, monitoring systems and responsive procedures. Below is a practical compliance checklist and a suggested timetable tied to the specific regulatory requirements.

Governance and assignment of responsibility

Confirm and record the operator. The instrument holder must ensure there is an operator at all times and notify the Minister of the operator’s contact details before the first submission under Part 2 (regulation 36(1)-(3)). Record who is the operator in a way that aligns with the Minister’s register under regulation 40.
Appoint and notify an agent, if any, within 7 days of appointment and ensure contact details are included in submissions (regulation 37(1) and (3)).

Prepare the environment plan (EP)

Structure the EP to cover the required content in regulations 14, 15, 16 and 17. In particular:
- Comprehensive description of the pipeline activity, construction and layout, operational details and timetables (regulation 14(1)).
- Description of the existing environment and values and sensitivities (regulation 14(2)).
- Comprehensive list and evaluation of environmental impacts and risks, including emergency conditions (regulation 14(3)-(4)).
- Environmental performance objectives, standards and measurement criteria (regulation 14(5)).
- Identification of legislative and international obligations and applicable codes (regulation 14(6)).
- Implementation strategy covering systems, chain of command, competencies, audits, monitoring and testing regimes, and an oil spill contingency plan including trajectory modelling and testing cadence (regulation 15(1)-(9)).
- Monitoring, recording and reporting arrangements sufficient for the Minister to determine compliance, with reporting at least annually or as agreed with the Minister (regulation 16).
- Statement of corporate environmental policy, consultation report and list/classification of reportable incidents (regulation 17).

Risk assessment and measurable standards

Develop an environmental risk assessment process and clearly define the terminology for categorising seriousness levels so the EP can specify which incidents are “reportable” (regulation 14(3) and regulation 17(2); regulation 4 definition of reportable incident).
Define measurement criteria that tie environmental performance objectives and standards to measurable monitoring metrics, frequency and tests (regulation 14(5)(c) and regulation 15(7)).

Monitoring infrastructure and quality assurance

Install monitoring equipment capable of continuous or interval monitoring as specified in the EP (regulation 15(7)(a)). Set up maintenance, calibration and testing schedules and keep records (regulation 15(7)(c); regulation 33(4)-(6); regulation 31(2)(d)-(e)).
Ensure the testing regime verifies accuracy and the intervals are specified in the EP so tests meet regulation 33(5).

Incident response and reporting protocols

Operationalise the oil spill contingency plan with defined roles, drills and testing. Ensure trajectory modelling and recovery arrangements are maintained and tested at specified intervals in the EP (regulation 15(8)(a)-(c)).
Put in place incident identification criteria that correspond to the EP’s risk assessment to determine whether an incident is reportable or recordable (regulation 17(2); definition of reportable/recordable incidents in regulation 4).
Create notification templates and fast channels for the immediate notification requirement: notify reportable incidents to the Minister as soon as practicable and within two hours of first occurrence or of becoming aware (regulation 28(3)).
Prepare written reporting templates so written reports are available within three days for reportable incidents and monthly recordable incident reports can be compiled and submitted within 15 days after month end (regulations 29(3) and 30(3)).

Reporting cadence and content

Quarterly emissions and discharges reports: submit within 15 days after the reporting period and include summary results of monitoring (regulation 33(7) and (9)).
Annual or more frequent reporting to the Minister as agreed: include monitoring, audit and management actions as required by regulation 16.

Records management and disclosure

Maintain a records retention policy that stores EPs, revisions, monitoring and test results, calibration and maintenance records, and incident notifications/reports for five years (regulation 31(1)-(2)).
Ensure records are retrievable in paper or electronic form and accessible at the operator’s nominated address during business hours, or by electronic transmission as agreed with the Minister (regulation 31(1)(b); regulation 32(6)-(7)).
Prepare procedures for responding to written requests from the Minister or inspectors and for verifying delegation or appointment evidence where required (regulation 32(3)-(5)).

Managing Ministerial interactions

When submitting an EP, expect the 30 day consideration period but do not assume a late decision is invalid. If the Minister requests modifications, respond promptly and be prepared to resubmit within the reasonable opportunity given (regulations 10(1)-(2) and 11(2)).
If the Minister serves a notice requiring revision under regulation 19, prepare a submission within 21 days if contesting the requirement. Keep clear records of submissions and Ministerial decisions (regulation 19(3)-(6)).
If given notice of intention to withdraw approval, use the 30 day period to document remedial steps and submit representations for the Minister’s consideration (regulation 26(2)-(6)).

Internal compliance checks and training

Implement internal audit programmes to verify that environmental performance objectives and standards are being met and that the implementation strategy is followed (regulation 15(6) and regulation 16).
Provide competency training for employees and contractors and document attendance and competence assessments as required by the EP (regulation 15(5)).

Mapping triggers for revision

Create a revision calendar which notes triggers: new stages or significant modifications (regulation 18), Ministerial revision notices (regulation 19), 5 yearly revisions (regulation 20) and 2.5 yearly oil spill plan revision (regulation 23).
Coordinate these triggers with maintenance programmes and project timelines so revisions are drafted and submitted in advance of the deadlines.

Transitional and pre‑existing plans

For pipeline activities with environmental management plans in force before commencement, treat those as transitioned EPs and, if they do not meet regulation 11(1) criteria, submit a proposed revision within the transitional period (regulation 42(1)-(3)).

Practical record checklist to keep on hand with dates

Date of EP submission and version history.
Date of Minister’s decision and any conditions with effective dates.
Date of EP summary public disclosure submission (within 10 days of approval).
Incident notification times and report submission dates (2 hour, 3 day, monthly).
Quarterly emissions report submission dates.
Dates for monitoring equipment tests and calibration records.
Dates for scheduled EP and oil spill plan revisions.

Following the checklist above aligns operational systems with the explicit regulatory obligations. Documented, time‑stamped records will be essential where the regulations impose strict time windows for notifications, reports and revisions and where the operator might need to demonstrate reasonableness in the event of enforcement action.

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