66 Application of Part
(1) This Part does not prejudice or affect the start or continuation of
proceedings for an infringement notice offence for which an
infringement notice has been given unless the offence is expiated.
(2) Also, this Part does not:
(a) require an infringement notice to be given; or
(b) affect the liability of a person to be prosecuted in a court for an
offence for which an infringement notice has not been
given; or
(c) prevent more than one infringement notice for the same
offence being given to a person.
(3) If more than one infringement notice for the same offence has been
given to a person, the person may expiate the offence by paying
the prescribed amount in accordance with any of the notices.
Part 5AA Resource management, activity and
66AA Well operations management plans
(1) For section 61(3) of the Act, Schedule 4B prescribes information
that must be included in a well operations management plan.
(2) A well operations management plan submitted under section 61(3)
of the Act must be accompanied by a well control manual for the
well or wells to be managed under the plan.
(3) If an interest holder revises a well control manual, the interest
holder must provide a revised version of the manual to the Minister
as soon as is reasonably practicable after the revision is made.
(4) For the purposes of this regulation, a well control manual is a
document that outlines the measures and procedures the interest
holder has in place for well control during well construction or
intervention operations.
Part 5AA Resource management, activity and infrastructure plans
Petroleum Regulations 2020 41
66AAB Field management plans
For section 61(3) of the Act, Schedule 4C prescribes information
that must be included in a field management plan.
66AAC Rate of recovery
An application for the approval of a rate of recovery must include
(a) information about the past production performance of wells
and pools in the field (if production has previously occurred);
(b) the proposed rate of recovery with a breakdown of forecasted
rates for pools and wells in the form of:
(i) monthly forecasts for the first 12 months of production
after approval, including high and low range scenarios;
and
(ii) annual forecasts for subsequent years of production,
consistent with the projected production profile under the
approved field management plan until its next scheduled
review, including high and low range scenarios;
(c) a justification for the proposed rate of recovery, including:
(i) a technical discussion to demonstrate how the proposed
rate can achieve the ultimate recovery set out in the field
management plan and is consistent with good oilfield
practice; and
(ii) evidence that the proposed high range scenario
demonstrates the maximum achievable rate of recovery
and will not impact negatively on reservoir performance
or the ultimate recovery of the resource; and
(iii) an explanation of the proposed low range scenario,
including a rationale for the predicted range of
uncertainty between high and low range scenarios.
66AAD Petroleum surface infrastructure plans
(1) A petroleum surface infrastructure plan may be submitted for one or
both of the following phases:
(a) design and construction;
(b) operation and decommissioning.
Section 66 - PETROLEUM REGULATIONS 2020 - Application of Part | Zoe
Part 5AB Approved plans and rate of recovery – exemptions
Petroleum Regulations 2020 42
(2) For section 61(3) of the Act, Schedule 4D prescribes information
that must be included in a petroleum surface infrastructure plan (as
may be relevant to the stage to which the plan relates).
Part 5AB Approved plans and rate of recovery –
exemptions
66AAE Application for exemption
(1) An interest holder may apply to the Minister for an approval to carry
out a particular activity:
(a) that is not covered by an approved well operations
management plan or an approved petroleum surface
infrastructure plan; or
(b) in a manner or in a way that is inconsistent with how the
activity should be carried out under an approved well
operations management plan or an approved petroleum
surface infrastructure plan.
(2) An application must be in the approved form and include the
following:
(a) a description of the activity;
(b) the reason or reasons for undertaking the activity;
(c) the outcome that is intended to be achieved by carrying out
the activity;
(d) information that demonstrates that the activity has been
considered and approved under the management of change
process outlined in the relevant approved plan;
(e) information about how any risks associated with the activity
have been identified and evaluated and how any risks are to
be eliminated or controlled;
(f) any other information required by the form.
(3) An application must be accompanied by the prescribed fee.
(4) An interest holder must also provide the Minister with any other
information requested by the Minister within the time specified in
the request.
Part 5AB Approved plans and rate of recovery – exemptions
Petroleum Regulations 2020 43
66AAF Approval
(1) The Minister must not approve an application under this Division
unless satisfied that:
(a) the interest holder has followed the management of change
process outlined in the relevant approved plan in relation to
the well or surface infrastructure to which the activity relates;
and
(b) any risks associated with the activity have been eliminated or
reduced to as low as is reasonably practicable and that any
risk that remains is acceptable; and
(c) the activity is expected to be a one-off occurrence or is the
first time that the activity has been identified or considered;
and
(d) it is not feasible or warranted to require a review of the
relevant approved plan to incorporate or address the activity
before it is undertaken.
(2) The Minister may on receipt of an application and any additional
information provided by the interest holder under this Division:
(a) approve the application; or
(b) if the Minister is not satisfied of the matters mentioned in
subregulation (1) – refuse the application.
(3) The Minister must make a decision under subregulation (2) within
21 days from when the application was made together with any
period the interest holder takes to comply with any request under
regulation 66AAE(4).
66AAG Application for exemption
(1) An interest holder may apply to the Minister for an approval to
produce petroleum for a limited period that is inconsistent with an
approved rate of recovery.
(2) An application for the approval of the Minister must be in the
approved form and include:
(a) the reason or reasons for seeking a change to the rate; and
(b) the period for which the approval is being sought; and
Petroleum Regulations 2020 44
(c) any other information required by the form.
(3) An interest holder must also provide the Minister with any other
information requested by the Minister within the time specified in
the request.
(4) The Minister must make a decision on an application within a
reasonable period.
Division 3 Common provisions
66AAH Common provisions
(1) An approval under this Part is subject to any conditions specified by
the Minister on the approval.
(2) An approval under this Part is for a period determined by the
Minister.
(3) The Minister may, on the application of the interest holder, extend
the period of an approval under this Part.
(4) If the Minister determines to refuse to grant an approval under this
Part, the Minister must, as soon as practicable, give the applicant a
notice of the determination stating the reasons for the
determination.
66AAJ Activities requiring 21 days notice
(1) An interest holder must notify the Minister before commencing any
of the following well activities:
(a) a well activity that involves drilling formation or a new well
pathway;
(b) a well activity that involves running tubular goods into a well or
recovering tubular goods from a well;
(c) a well activity that involves the installation, replacement,
modification or removal of a Christmas tree, tubing spool,
casing spool or casing head from a well;
(d) a well activity that involves the installation or removal of a
Christmas tree saver for use with downhole operations or well
testing;
Petroleum Regulations 2020 45
(e) a well activity that involves the installation, replacement,
modification or removal of a sub-surface well barrier;
(f) a well activity that involves perforating to gain access to a new
formation;
(g) stimulation operations intended to restore or enhance
recovery by improving the flow of hydrocarbons from the
drainage area into the well bore, including hydraulic fracturing
operations;
(h) production testing for exploration or appraisal purposes;
(i) well decommissioning.
(2) An interest holder must notify the Minister before commencing any
of the following petroleum surface infrastructure activities:
(a) site construction and commissioning of a new petroleum
processing facility;
(b) the installation, replacement, modification, repair or removal of
shutdown systems;
(c) activities which increase or decrease the producing capacity of
petroleum surface infrastructure;
(d) starting up the operation of a petroleum processing facility;
(e) temporarily shutting down the operation of all or part of a
petroleum processing facility;
(f) decommissioning all or part of petroleum surface
infrastructure.
(3) A notice under this regulation must be given to the Minister at least
21 days before the commencement of the activity or within a shorter
period allowed by the Minister.
66AAK Related information
(1) This regulation relates to a notice under regulation 66AAJ.
(2) The notice must be accompanied by an overview of the work
program for the activity to which the notice relates.
Petroleum Regulations 2020 46
(3) A notice that relates to the commencement of the drilling of a new
well must be accompanied by a well plan summary that sets out the
planned location and construction of the well relative to structural
geological elements and summarises the potential risks posed by
known geological hazards.
(4) The Minister must ensure that a copy of a well plan summary
provided under subregulation (3) is published on the Agency's
website.
66AAL Common provisions
(1) A notification to the Minister under this Part must be in the
approved form and include:
(a) a reference that identifies the approved plan under which the
activity is to be carried out; and
(b) a description of the well or petroleum surface infrastructure
facility, including the proposed or existing name, number and
location of the well or facility; and
(c) the name and contact details of the person in charge of the
activity (who may be a contractor carrying out the activity on
behalf of the interest holder); and
(d) a description of the activity, including its objective, key
elements, proposed milestones and, if relevant, programmed
depths; and
(e) a list of any documents that have been prepared for the
management, control or operation of the activity; and
(f) in the case of a well activity – an assessment of the current
well barrier integrity status and whether the well barrier
integrity status will be altered by the activity; and
(g) a timetable for carrying out and completing the activity; and
(h) any other information required by the form.
(2) An interest holder must also provide the Minister with any other
information requested by the Minister:
(a) within the time specified in the request; or
(b) before, during the time when, or after, the activity is
undertaken, as specified in the request.
Petroleum Regulations 2020 47
66AAM Offences relating to notification
(1) A person commits an offence if the person is required to give a
notification to the Minister under this Part and the person
(3) A person is exempt from an offence against subregulation (1) if the
person is acting in an emergency in which there is a likelihood of
any of the following:
(a) injury;
(b) significant discharge of fluids from a well;
(c) damage to:
(i) an underground formation that contains petroleum; or
(ii) an aquifer; or
(iii) any other part of the environment;
(d) significant damage to a well or surface infrastructure.
(4) A person is exempt from an offence against subregulation (1) that
relates to a failure to give a notification about an activity in
accordance with regulation 66AAJ(3) or 66AAK(2) if:
(a) it was reasonable and consistent with good oilfield practice to
carry out the activity without notice due to circumstances
existing at the time; and
(b) the person notifies the Minister as soon as reasonably
practicable after carrying out the activity; and
(c) the notification to the Minister is in the approved form.
(5) A person commits an offence if the person is requested by the
Minister to provide information under this Part and the person fails
to provide the information in accordance with the request.
Petroleum Regulations 2020 48
66AAN Annual reports
For section 61H(4) of the Act, Schedule 4E prescribes the
information that must be included in an annual report (to the extent
that is relevant to the petroleum interest).
66AAP Survey reports
For section 61J(6)(a) of the Act, Schedule 4F prescribes the
information that must be included in a survey report.
66AAQ Geoscientific study and reprocessing reports
For section 61J(3) of the Act, Schedule 4G prescribes the
information that must be included in a report under that subsection.
66AAR Well barrier integrity validation reports
(1) This regulation applies in relation to an interest holder if the interest
holder:
(a) completes a new well; or
(b) installs, replaces, modifies, removes or revalidates a
sub-surface well barrier in a previously completed well; or
(c) acquires or receives evidence that a sub-surface well barrier
has been degraded.
(2) The interest holder must, within 30 days after this regulation
applies, submit to the Minister a report relating to the integrity of the
barrier.
(3) The report must:
(a) be in the approved form and include the information set out in
Schedule 4H; and
(b) comply with any guidelines published by the Minister for the
purposes of this regulation; and
(c) be accompanied by a fully labelled well barrier diagram
suitable for publication that contains relevant well and
stratigraphy information; and
Petroleum Regulations 2020 49
(d) be accompanied by a statement signed by an independent
competent person that confirms the processes undertaken to
determine the integrity of the barrier are valid and the well
barrier diagram is accurate; and
(e) be accompanied by evidence that the person who has signed
the statement is an independent competent person.
(4) The Minister must ensure that a well barrier diagram provided
under subregulation (3) is published on the Agency's website.
66AAS Daily well activity reports
(1) An interest holder who carries out an activity that has been notified
under regulation 66AAJ(1) must submit a report to the Minister for
each day on which the activity is carried out.
information set out in Schedule 4J to the extent relevant to the
activity.
(3) The report must be provided to the Minister by 12 noon on the day
immediately following the day to which the report relates.
(4) A person commits an offence if the person is required to give a
66AAT Monthly production reports
(1) An interest holder who conducts activities under an approved field
management plan or for the recovery of petroleum on an appraisal
basis in any month must submit a production report to the Minister
in relation to that month.
information set out in Schedule 4K.
Petroleum Regulations 2020 50
(3) The report must be provided to the Minister before the end of the
15th day of the month immediately following the month to which the
(4) The Minister may release information in a report under this
regulation at any time after 6 months after the month to which the
66AAU Production test results
(1) An interest holder who conducts well testing activities for
exploration or appraisal purposes in any month without an approval
under section 57AAA of the Act must submit a production test
report to the Minister in relation to that month.
information set out in Schedule 4L.
(3) The report must be provided to the Minister before the end of the
15th day of the month immediately following the month to which the
(4) The Minister must not release information provided to the Minister
in a report under this regulation unless the interest holder has
published or released the information to the general public,
including the Australian Securities Exchange.
66AAV Final well activity reports
(1) An interest holder who completes an activity that has been notified
under regulation 66AAJ(1) (other than a well activity that involves
drilling formation or a new well pathway) must submit a final well
activity report to the Minister in relation to that activity.
Petroleum Regulations 2020 51
information set out in Schedule 4M (to the extent relevant to the
activity).
(3) The report must be provided to the Minister within 3 months from
the date on which the activity is completed.
(4) A person commits an offence if the person is required to give a
(6) A report is not required under this regulation to the extent that it
relates to a matter that is to be covered by a well completion report
under regulation 66AAW.
66AAW Well completion reports
For section 61K(3) of the Act:
(a) Schedule 4N prescribes the information that must be included
in an initial well completion report; and
(b) Schedule 4P prescribes the information that must be included
in a final well completion report.
66AAX Discovery evaluation and revised estimates reports
(1) A report to the Minister under section 64(1)(b) of the Act must:
(a) include the information set out in Schedule 4Q; and
(b) be accompanied by a copy of the notification form provided to
the Minister under section 64(1)(a) of the Act.
(2) If a permittee or licensee undertakes an activity or conducts a study
that results in a revised estimate of petroleum in a particular pool,
the permittee or licensee must provide the Minister with a revised
report.
(3) A report under subregulation (2) must be in the approved form and
include the information set out in Schedule 4R.
(4) A report under subregulation (2) must be provided to the Minister as
soon as practicable after the decision is made to make the revision
and in any case before any announcement is made to the
Australian Securities Exchange or to the general public.
Petroleum Regulations 2020 52
report to the Minister under subregulation (2) and the person