2ADefinitions and other provisions relating to facilities

#### 2A Definitions and other provisions relating to facilities Vessels or structures that are facilities (1) Subject to subclauses (4) and (5), a vessel or structure (whether floating or fixed) is taken to be a facility for the purposes of this Schedule, whether or not it is capable of independent navigation, while that vessel or structure: (a) is located at a site in Commonwealth waters; and (b) is being used, or prepared for use, at that site: (i) for the recovery of petroleum, for the processing of petroleum, or for the storage and offloading of petroleum, or for any combination of those activities; or (ii) for the provision of accommodation for persons working on another facility, whether connected by a walkway to that other facility or not; or (iii) for drilling or servicing a well for petroleum or doing work associated with the drilling or servicing process; or (iv) for laying pipes for petroleum, including any manufacturing of such pipes, or for doing work on an existing pipe; or (v) for the erection, dismantling or decommissioning of a vessel or structure referred to in a previous subparagraph of this paragraph; or (vi) for any other purpose related to offshore petroleum operations that is prescribed for the purposes of this subparagraph. (2) For the purposes of subclause (1), a vessel or structure that is located offshore for the purpose of laying pipes as described in subparagraph (1)(b)(iv) is taken to be located at a site, despite the fact that the vessel or structure moves as the pipe laying process proceeds. (3) A vessel or structure used for a purpose referred to in subparagraph (1)(b)(i) includes: (a) any wells and associated plant and equipment by means of which petroleum processed or stored at the vessel or structure is recovered; and (b) any pipe or system of pipes through which petroleum is conveyed from a well to the vessel or structure; and (c) any secondary line associated with the vessel or structure. Vessels or structures that are not facilities (4) Despite subclause (1), a vessel or structure is taken not to be a facility if it is: (a) an offtake tanker; or (b) a tug or an anchor handler; or (c) a vessel or structure used for supplying a facility or otherwise travelling between a facility and the shore; or (d) a vessel or structure used for any purpose such that it is declared by the regulations not to be a facility. Meaning of use for a particular purpose (5) In determining when a vessel or structure that has the potential to be used for one or more of the purposes referred to in paragraph (1)(b) is in fact being so used, the vessel or structure is to be taken: (a) to commence to be so used only at the time when it arrives at the site where it is to be so used and any activities necessary to make it operational at that site are begun; and (b) to cease to be so used when operations cease, and the vessel or structure has been returned either to a navigable form or to a form in which it can be towed to another place. Pipelines that are facilities (6) Each of the following is taken to be a facility for the purposes of this Schedule: (a) a pipeline licensed under Division 4 of Part III; (b) if a pipeline licensed under Division 4 of Part III conveys petroleum recovered from a well without the petroleum having passed through another facility—that pipeline, together with: (i) that well and associated plant and equipment; and (ii) any pipe or system of pipes through which petroleum is conveyed from that well to that pipeline. (7) In paragraph (6)(b): > facility does not include a pipeline.