Petroleum (Submerged Lands) (Environment) Regulations 2012 (Western Australia)

These Regulations implement an environment-management regime for petroleum activities in the adjacent area under the Petroleum (Submerged Lands) Act 1982. The object is stated in regulation 3: to require activities to be carried out consistently with ecologically sustainable development principles and in accordance with an environment plan that demonstrates environmental impacts and risks will be reduced to as low as reasonably practicable, sets environmental performance objectives and standards, and provides measurement criteria (reg 3). Mechanically, the Regulations require an approved, written environment plan before commencing a petroleum activity (reg 9(1); reg 6), impose criminal penalties for carrying out activity without an environment plan or contrary to the approved plan (regs 6, 7), and create processes for submission, assessment, approval, revision, and withdrawal of environment plans (regs 9-27).

The Minister has primary decision power to approve or refuse environment plans within 30 days, or to extend consideration and set a timetable (reg 10(1)). Approval criteria are set out in regulation 11(1): the Minister must be reasonably satisfied the plan is appropriate to the nature and scale of the activity, demonstrates continuous reduction of impacts to as low as reasonably practicable, shows impacts will be at an acceptable level, provides appropriate objectives, standards and measurement criteria, includes an implementation strategy and monitoring arrangements, and evidences appropriate consultation (reg 11(1)(a)-(f)). The Minister may approve in part, approve subject to conditions or limitations, or require separate approval of an oil spill contingency plan before commencement (reg 11(4)). The Minister may also require revisions (reg 19) and withdraw approval on specified grounds following procedural steps (regs 25-27).

CrestWestern Australia

Petroleum (Submerged Lands) Act 1982

Petroleum (Submerged Lands) (Environment) Regulations 2012

Western Australia

Petroleum (Submerged Lands) (Environment) Regulations 2012

Contents

Part 1 — Preliminary

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

Part 2 — Environment plans

Division 1 — Requirement for environment plan

Approved environment plan required for petroleum activity 7
Petroleum activity must comply with approved environment plan 7
Petroleum activity must not continue if new or increased environmental impact or environmental risk identified 8

Division 2 — Approval of environment plan

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

Division 3 — Contents of environment plan

Contents of environment plan 13
Environmental assessment 14
Implementation strategy for environment plan 16
Monitoring, recording and reporting arrangements 18
Other information in environment plan 18

Division 4 — Revision of environment plan

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

Division 5 — Withdrawal of approval of environment plan

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

Part 3 — Incidents, reports and records

Notifying reportable incidents 28
Written report of reportable incidents 28
Written report of recordable incidents 29
Storage of records 30
Making records available 31

Part 4 — Environmental requirements

Division 1 — Requirements relating to emissions and discharges

Discharge, injection or re‑injection of produced formation water 33
Monitoring and reporting on emissions and discharges 34

Division 2 — Requirement relating to oil spills

Application of chemical dispersant to oil spills 36

Part 5 — Operators of petroleum activities

Term used: contact details 37
Requirement for, and notification of, operator 37
Operator to give details 37
No requirement to give information more than once 39
Minister may decline to consider submission if information not given 39
Minister to keep register 39

Part 6 — Transitional provisions

Terms used 41
Environmental management plans in force before commencement day 41
Environmental management plans submitted before commencement day 43
Petroleum activities for which no environmental management plan in force before commencement day 43

Notes

Compilation table 45

Western Australia

Petroleum (Submerged Lands) Act 1982

Petroleum (Submerged Lands) (Environment) Regulations 2012

Part 1 — Preliminary

1. Citation

	These regulations are the *Petroleum (Submerged Lands) (Environment) Regulations 2012*.

2. Commencement

These regulations come into operation as follows —

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

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

3. Object of regulations

The object of these regulations is to ensure that any petroleum activity carried out in the adjacent area 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 petroleum 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 petroleum activity, means an environment plan submitted by the operator of the petroleum 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 petroleum 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;

facility includes a structure or installation of any kind;

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

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

operator, of a petroleum activity, means —

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

(b) in any other case —

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

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

petroleum activity means —

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

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

and includes —

(d) drilling; and

(e) hydraulic fracturing; and

(f) construction and installation of a facility; and

(g) operation of a facility; and

(h) modification of a facility; and

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

(j) construction and installation of a pipeline; and

(k) operation of a pipeline; and

(l) modification of a pipeline; and

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

(n) storage, processing or transport of petroleum;

petroleum instrument means —

(a) a permit; or

(b) a lease; or

(d) a pipeline licence; or

(e) an infrastructure licence; or

(f) an access authority; or

(g) a special prospecting authority; or

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

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

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

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

(b) is not a reportable incident;

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

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

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

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

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

5. References to petroleum activity

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

(a) a proposed petroleum activity; and

(b) any stage of a petroleum activity.

Part 2 — Environment plans

Division 1 — Requirement for environment plan

6. Approved environment plan required for petroleum activity

The operator of a petroleum activity commits an offence if —

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

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

Penalty: a fine of $10 000.

7. Petroleum activity must comply with approved environment plan

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(d) a summary of —

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

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

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

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

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

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

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

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

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

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

(1) This regulation applies if —

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

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

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

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

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

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

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

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

(2) The environment plan must —

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

15. Implementation strategy for environment plan

(1) The environment plan must include an implementation strategy for the petroleum 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 petroleum 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 petroleum activity is aware of his or her responsibilities in relation to the environment plan and has the appropriate competencies and training.

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

(7) The implementation strategy must provide for —

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

(i) is accurate; and

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

and

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

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

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

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

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

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

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

(a) sets out details of the following —

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

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

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

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

and

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

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

16. Monitoring, recording and reporting arrangements

The environment plan must include arrangements for —

(a) monitoring, and recording information about, the petroleum 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 petroleum 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 petroleum activity

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

(a) any new petroleum activity; or

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

that is not provided for in the environment plan.

Penalty: a fine of $10 000.

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

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

Penalty: a fine of $10 000.

19. Revision required by Minister

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

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

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

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

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

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

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

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

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

(i) a direction given by the Minister under section 101 of the Act; or

(ii) section 124 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 petroleum 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 petroleum 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 petroleum activity on the ground that the operator or instrument holder for the petroleum activity has not complied with —

(a) a direction given by the Minister under section 101 of the Act; or

(b) section 124 of the Act; or

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

(2) The operator or instrument holder for a petroleum 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 101 of the Act; or

(b) section 124 of the Act; or

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

Part 3 — Incidents, reports and records

28. Notifying reportable incidents

(1) The operator of a petroleum 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 petroleum 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 petroleum 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 petroleum 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 petroleum activity;

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

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

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

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

(f) records and copies of —

(i) notifications mentioned in regulation 28; and

(ii) reports mentioned in regulation 29; and

(iii) reports mentioned in regulation 30.

32. Making records available

(1) In this regulation —

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

(2) The operator of a petroleum activity must make available, in accordance with this regulation, copies of the records for the petroleum 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 petroleum activity — as soon as possible (whether or not that is during the emergency); or

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

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

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

Part 4 — Environmental requirements

Division 1 — Requirements relating to emissions and discharges

33. Discharge, injection or re‑injection of produced formation water

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

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

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

Penalty: a fine of $5 500.

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

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

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

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

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

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

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

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

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

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

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

34. Monitoring and reporting on emissions and discharges

(1) In this regulation —

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

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

(b) each subsequent period of 3 months.

(2) The operator of a petroleum activity must, in accordance with subregulation (3), monitor all emissions and discharges to any air, marine, seabed and sub‑seabed environment that —

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

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

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

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

Penalty: a fine of $5 500.

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

(9) A report under subregulation (7) —

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

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

Division 2 — Requirement relating to oil spills

35. Application of chemical dispersant to oil spills

A person must not apply chemical dispersant to an oil spill that has arisen as a result of a petroleum 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 petroleum activities

36. Term used: contact details

In this Part —

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

37. Requirement for, and notification of, operator

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

Penalty: a fine of $10 000.

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

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

38. Operator to give details

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

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

(a) an address of the operator for communications on matters relating to the environmental management of the petroleum 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 petroleum activity, at all times after the petroleum activity has commenced, must ensure that the Minister has notice of —

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

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

Penalty: a fine of $10 000.

39. No requirement to give information more than once

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

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

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

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

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

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

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

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

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

41. Minister to keep register

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

(a) mentioned in this Part; and

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

Part 6 — Transitional provisions

42. Terms used

In this Part —

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

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

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

43. Environmental management plans in force before commencement day

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

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

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

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

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

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

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

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

44. Environmental management plans submitted before commencement day

If, immediately before commencement day, the operator of a petroleum activity had submitted an environmental management plan for the petroleum 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 petroleum activity; and

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

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

(1) If —

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

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

Penalty: a fine of $10 000.

(2) Regulations 6, 7, 8, 9, 28, 29 and 34 do not apply to the petroleum 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 petroleum 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 (Submerged Lands) (Environment) Regulations 2012. The following table contains information about those regulations.

Compilation table

Citation	Gazettal	Commencement
Petroleum (Submerged Lands) (Environment) Regulations 2012	28 Aug 2012 p. 4031-80	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

authorised concentration 33(3)

commencement day 42

contact details 36

environment 4

environment plan 4

environmental impact 4

environmental management plan 42

environmental performance 4

environmental performance objective 4

environmental performance standard 4

environmental risk 4

facility 4

instrument holder 4

nominated address 4

operator 4

petroleum activity 4

petroleum instrument 4

produced formation water 4

recordable incident 4

records 32(1)

reportable incident 4

reporting period 34(1)

revise 4

specified concentration 33(1)

specified day 26(5)

transitional period 42

transitioned plan 43(3)

treatment fluid 4

Western Australia

Petroleum (Submerged Lands) Act 1982

Petroleum (Submerged Lands) (Environment) Regulations 2012

Western Australia

Petroleum (Submerged Lands) (Environment) Regulations 2012

Contents

Part 1 — Preliminary

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

Part 2 — Environment plans

Division 1 — Requirement for environment plan

Approved environment plan required for petroleum activity 7
Petroleum activity must comply with approved environment plan 7
Petroleum activity must not continue if new or increased environmental impact or environmental risk identified 8

Division 2 — Approval of environment plan

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

Division 3 — Contents of environment plan

Contents of environment plan 13
Environmental assessment 14
Implementation strategy for environment plan 16
Monitoring, recording and reporting arrangements 18
Other information in environment plan 18

Division 4 — Revision of environment plan

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

The Regulations revolve around a handful of interconnected legal and operational concepts that determine rights, duties and regulatory outcomes.

Environment plan, approved: The central instrument is an "environment plan" (defined in reg 4). It must be submitted by the operator and approved by the Minister (regs 9, 11). An environment plan is a living document, subject to revision requirements and possible withdrawal of approval (Divisions 3, 4 and 5). If previously existing environmental management plans were in force before commencement day, those are treated as environment plans for transitional purposes (reg 43).
Environmental impact, environmental risk: Both are defined (reg 4). "Environmental impact" covers any change to the environment resulting from a petroleum activity, whether adverse or beneficial. "Environmental risk" is a chance measured by consequence and likelihood. The plan must identify and evaluate all impacts and risks, including indirect and potential emergency conditions (reg 14(3)-(4)).
Environmental performance objectives and standards: Plans must include objectives that define the operator’s goals and standards that state required performance levels, together with measurable criteria to assess compliance (reg 14(5)).
Implementation strategy: This is a mandatory, detailed section of the plan (reg 15). It must identify systems, roles, training, monitoring regimes, testing of monitoring equipment, chain of command, and an oil spill contingency plan including trajectory modelling and tests of emergency arrangements (reg 15(3)-(10)).
Operator and instrument holder: "Operator" is the person responsible to the instrument holder for overall management of the activity, or another person recorded by the Minister (reg 4). The instrument holder retains obligations to ensure an operator is in place and to notify changes (reg 37). The Minister maintains a register of operator details (reg 41).
Reportable and recordable incidents: Plans must set classifications. A "reportable incident" is one classified in the plan or an incident with potential adverse impact categorised as moderate or more serious under the plan's risk assessment (reg 4). "Recordable incidents" are breaches of objectives or standards that are not reportable (reg 4). Different notice and reporting timelines apply (regs 28-30).
Monitoring, record keeping and reporting: Plans must provide for monitoring, recording and reporting sufficient for the Minister to determine compliance with objectives and implementation strategy (reg 16). Operators must keep records for five years and make them available to the Minister or inspectors on request (regs 31-32). Emissions and discharges specified in the plan must be monitored and reported quarterly (reg 34).
Numeric discharge limit for produced formation water: The Regulations prescribe an average of 30 mg/L petroleum over any 24 hour period for produced formation water discharged into the sea (reg 33(1)(a)). Injection limits must be specified in the plan (reg 33(1)(b)). The Minister may grant limited consents to exceed the specified concentration under narrow conditions (reg 33(3)-(5)).
Ministerial discretion and process: The Minister exercises approval, conditional approval, partial approval, timetable setting, revision requirements, and approval withdrawal powers (regs 10, 11, 19, 25-27). Decisions must be notified to the operator with reasons where not approving or where conditions apply (reg 11(5)-(6), reg 25(2)).

These concepts form a structured permitting and compliance regime where the environment plan is the central contract-like document that translates environmental goals into enforceable performance standards, monitoring duties, reporting obligations and incident response requirements.

The Regulations allocate obligations across a small set of identified actors: operators, instrument holders, the Minister, inspectors and prescribed hazard management agencies. Each has discrete responsibilities and consequential exposure to fines or enforcement.

Operators: Defined in regulation 4, an operator is the person responsible to the instrument holder for overall management and operation of a petroleum activity, or a person recorded by the Minister as operator under regulation 41. Operators carry the primary compliance burden. They must prepare, submit and implement approved environment plans (regs 9, 11, 13), comply with plan limitations and conditions (reg 7), revise plans when circumstances change (reg 18), monitor and report emissions and incidents (regs 16, 28-30, 34), store records for five years and make them available (regs 31-32), and ensure produced formation water concentrations meet the numeric limit or hold an authorised consent (reg 33). Monetary penalties attach directly to operator non-compliance (see regs 6-8, 28-34, 37-38, 31-32).
Instrument holders: The permittee, lessee, licensee or other title holder for the petroleum instrument is responsible to ensure there is an operator at all times and must notify the Minister of operator contact details before the first submission under Part 2 (reg 37). Instrument holders face fines for failing to ensure an operator is in place or for failing to notify (reg 37(1), (3)). The instrument holder remains subject to duties under the Act, and the Minister may withdraw approval of a plan on grounds that the instrument holder or operator has not complied with specified directions or sections of the Act (reg 25(1)(a)).
Minister: The Minister is the decision maker for approvals, conditions, revisions, and withdrawals. The Minister must be reasonably satisfied that plans meet statutory criteria before approval (reg 11(1)), must provide notice and reasons for approval or refusal (reg 11(5)-(6)), may decline to consider a submission until operator or instrument holder information is provided (reg 40), and must maintain a register of operator information (reg 41). The Minister can give consents for certain exceptions, for example to exceed produced formation water concentration under conditions (reg 33(3)-(5)) and must consider submissions if requiring a revision (reg 19).
Inspectors and hazard management agencies: Inspectors may request records and the operator must make records available to them (reg 32(3)(b)). Application of chemical dispersant is not allowed without written consent of the Minister or the prescribed hazard management agency under the Emergency Management Act 2005 (reg 35).
Public and interested persons: The Regulations require operators to submit a summary of an approved environment plan for public disclosure within 10 days of approval (reg 11(7)-(8)). The implementation strategy must set out consultation measures with relevant authorities and interested persons (reg 15(11)). This creates an information flow to stakeholders, although the Regulations centralise approval discretion with the Minister.

In practical terms, companies carrying out petroleum exploration, drilling, hydraulic fracturing, pipeline installation, facility operation, decommissioning and associated works (the list in the definition of "petroleum activity", reg 4) are directly affected. Contractors and employees are affected indirectly through the chain-of-command and training requirements in the implementation strategy (reg 15(4)-(6)). The costs and time required to prepare compliant environment plans, perform monitoring and testing, maintain records and meet reporting timelines will typically be borne by operators and instrument holders.

This section describes the statutory duties imposed by the Regulations and the limited operational rights or exceptions they create. Each duty is grounded in the specific regulation cited.

Primary duty to have an approved environment plan

Before commencing a petroleum activity, the operator must submit and obtain approval of an environment plan (reg 9(1); reg 6). It is an offence to carry out activity without an environment plan (reg 6), attracting a fine of $10 000.

Duty to comply with the approved plan

Operators must carry out activities in accordance with the approved environment plan and any limitation or condition imposed by the Minister (reg 7(1)). Breach is an offence, with a $10 000 fine, unless the Minister has given prior written consent under reg 7(2)-(3). The Minister’s consent cannot be given unless reasonable grounds exist that the altered method will not cause significant new or increased impacts or risks (reg 7(3)).

Revision obligations

Operators must submit a proposed revision before commencing any new petroleum activity or significant modification not provided for in the plan (reg 18(1)). They must also submit revisions promptly when significant new impacts or risks occur (reg 18(2)), and every five years (reg 20(1)). The Minister may require a revision and must allow the operator to make submissions before finalising the requirement (reg 19).

Incident notification and reporting

Operators must notify reportable incidents as soon as practicable and within two hours after occurrence or awareness (reg 28(3)). Written reports of reportable incidents must follow within three days, unless the Minister specifies another period (reg 29(3)). Recordable incidents must be reported monthly within 15 days after month end (reg 30(3)). Defences of reasonable excuse apply for the reporting offences (regs 28(2), 29(2), 30(2)).

Monitoring, testing and reporting

The environment plan must include monitoring, recording and reporting arrangements to allow the Minister to determine compliance (reg 16). The implementation strategy must require monitoring and testing of emissions and discharges, either continuously or at specified intervals, and testing to assess monitoring equipment performance (reg 15(7)). Operators must monitor emissions and discharges specified in the plan, conduct equipment tests, record results and submit quarterly reports within 15 days after each reporting period (reg 34). Penalties for failures in these areas are specified (reg 34(2), (4), (6), (7)).

Produced formation water limit and exceptions

The operator must ensure produced formation water discharged to sea averages no more than 30 mg/L petroleum over any 24 hour period (reg 33(1)(a)). Injection concentration limits must be specified in the environment plan (reg 33(1)(b)). The Minister may give consent to exceed concentrations in narrowly defined circumstances, such as limited discharge rate or duration, or for operational research, provided the operator demonstrates no significant new impacts (reg 33(3)-(5)).

Oil spill contingency and dispersant controls

The implementation strategy must include an oil spill contingency plan with preparations, emergency response, recovery arrangements and trajectory modelling, and require tests of emergency response arrangements (reg 15(10)). Chemical dispersant may not be applied to an oil spill unless the Minister or the appropriate hazard management agency provides written consent, and any conditions attached to consent are complied with (reg 35).

Records and disclosure

Operators must store specified documents and records for five years and keep them retrievable (reg 31). They must make records available to the Minister and inspectors on written request, and agree methods and location of access (reg 32). Within 10 days of plan approval, the operator must submit a summary for public disclosure containing contact details, location, description of environment, impacts, implementation strategy and consultation details (reg 11(7)-(8)).

Operator and instrument holder administrative duties

Instrument holders must ensure there is an operator at all times and notify the Minister of operator details before the first Part 2 submission (reg 37). Operators must notify the Minister of agent appointments and changes, maintain contact details, an address for environmental communications, and facsimile or email for record requests (reg 38).

Ministerial rights and process protections

The Minister has rights to approve, approve conditionally, approve in part, require revisions, set timetables, refuse approval and withdraw approval on stated grounds (regs 10, 11, 19, 25). When proposing withdrawal, the Minister must give at least 30 days’ written notice and consider any submissions and remedial action (reg 26(2), (5)-(6)). Where a revision is refused, the pre-revision plan remains in force subject to Division 5 (reg 24).

These duties impose active compliance obligations on operators and instrument holders, give the Minister substantial oversight and conditional rights, and create specific timelines for notification, reporting and revision that shape operational planning and emergency response procedures.

The Regulations create a mix of criminal penalties (fines) for breaches and administrative enforcement powers for the Minister. Financial penalties are specified in many provisions, with amounts ranging from $4 000 to $10 000. Enforcement mechanisms are both preventive and reactive.

Monetary penalties and offences

Carrying out a petroleum activity without an environment plan is an offence with a $10 000 fine (reg 6). Carrying out activity contrary to the environment plan, or to limitations or conditions applied under approval, is a $10 000 fine (reg 7(1)). Continuing a petroleum activity after a significant new impact or risk arises that is not provided for in the plan attracts a $10 000 fine (reg 8(1)). Failure to submit required proposed revisions, whether for new activity, change of operator or significant impacts, can incur $10 000 fines (reg 18(1)-(2), reg 19(7)-(8) for required revisions).
Reporting and record-keeping offences carry lower fines. Failure to notify a reportable incident attracts $5 500 (reg 28). Failure to submit a written report of a reportable incident is $5 500 (reg 29). Failure to submit monthly reports of recordable incidents is $5 500 (reg 30). Failure to submit quarterly emissions/discharges reports is $5 500 (reg 34(7)). Failure to store records as required is $4 000 (reg 31(1)). Failure to make records available on request is $4 000 (reg 32(2)). Failure to submit the public disclosure summary within 10 days after plan approval is a $5 500 fine (reg 11(7), (10)).

Defences and procedural safeguards

Defences of "reasonable excuse" are available for reporting offences under regs 28(2), 29(2), 30(2). The Regulations also provide process protections when the Minister proposes revisions or withdrawal. Before withdrawing approval the Minister must give at least 30 days’ written notice, specify grounds, allow submissions and take into account remedial action taken by the operator (reg 26(2), (5)-(6)). When requiring a revision the operator has 21 days to make submissions challenging or proposing alternatives, and the Minister must consider them and notify a decision (reg 19(2)-(6)).

Administrative powers and discretion

The Minister has wide administrative discretion including to approve plans in part, impose conditions or limitations on approvals, refuse to approve plans, require revisions, and withdraw approval for specified grounds including non-compliance with directions under the Act or with these Regulations (regs 11(4), 19, 25). The Minister may decline to consider a submission until instrument holder or operator information is provided (reg 40(1)). The Minister must keep a register of operator information (reg 41). The Regulations make several decisions contingent upon the Minister being "reasonably satisfied" of various matters, which imports a standard of administrative judgement (see reg 11(1) and reg 12(2)).

Enforcement by inspectors and access to records

Inspectors may request records in writing and operators must make copies available (reg 32(3)(b)). Where delegation or appointment is disputed the operator can require written evidence of delegation or appointment before producing records (reg 32(5)). Records must generally be made available during normal business hours, or as soon as possible in an emergency (reg 32(6)). Failure to comply with record requests is an offence (reg 32(2)).

Limited scope for delegated approvals and consents

Some operational exceptions require Ministerial consent, for example exceeding produced formation water concentrations or applying chemical dispersants. The conditions for such consents are defined and include quantitative limits, short durations or research purposes, and the Minister must be satisfied that the activity will not result in significant new impacts or increases in existing impacts (reg 33(3)-(5); reg 35).

Legal effect and overlap with Act-based enforcement

The Regulations state that withdrawal of approval may proceed even where the operator or instrument holder has been convicted for the underlying failure, and conversely conviction can proceed even after withdrawal of approval (reg 27). The Regulations therefore create parallel administrative and criminal consequences that can be pursued together.

Together, these provisions create both deterrent and corrective enforcement tools. Monetary fines are modest relative to large petroleum projects, but combined with Ministerial powers to suspend approvals, require revisions and restrict commencement, the regime operates through both penal sanctions and administrative leverage.

The Regulations are made under the Petroleum (Submerged Lands) Act 1982 and operate in a regulatory ecosystem that includes that Act, other statutory instruments and international obligations. Several provisions either expressly incorporate external requirements or leave scope for interaction.

Parent Act relationship

The Regulations sit under the Act. The instrument holder remains subject to duties under the Act, and the Minister may withdraw approval of an environment plan where the operator or instrument holder has not complied with a direction given under section 101 of the Act or with section 124 of the Act (reg 25(1)(a)). Regulation 27 preserves the Minister’s ability to withdraw approval for failure to comply with directions or sections of the Act even if there has been a criminal conviction for the same failure, and conversely allows conviction despite withdrawal.

Legislative and international obligations

Environment plans must describe requirements that apply to the petroleum activity under legislation, international conventions or agreements, or applicable codes of practice (reg 14(6)(a)-(b)). This expressly requires operators to identify and incorporate other legal obligations in their plan, creating a bridge between the plan and, for example, Commonwealth environmental laws, international maritime pollution conventions, or other statutory regimes that apply to particular activities.

Emergency Management Act 2005

Regulation 35 requires written consent from the Minister or the appropriate hazard management agency prescribed under the Emergency Management Act 2005 before applying chemical dispersant to an oil spill. This is an express cross-reference to a separate Act and a designated class of hazard-management agencies, making approval conditional on emergency-management arrangements external to these Regulations.

Ministerial delegation and inspector functions

The Regulations envisage demands by the Minister and inspectors for records and compliance. Where a request is made by a delegate of the Minister or by an inspector, operators can require proof of appointment or delegation before releasing records (reg 32(5)(a)-(b)). This interaction puts record disclosure under the procedural controls of broader administrative law and delegation practices under the Act and public administration law.

Transitional interaction

Transitional provisions treat environmental management plans required under a condition of a petroleum instrument immediately before commencement day as environment plans under these Regulations (reg 43). This creates continuity with previously imposed instrument conditions. The Regulations also provide that where a plan transitioned does not meet the new statutory criteria, the operator must submit a proposed revision within the transitional period (reg 43(3)).

Public disclosure and other laws

The requirement to submit a summary for public disclosure within 10 days after approval (reg 11(7)) interacts with administrative transparency practices. The Regulations do not themselves specify the form of public disclosure beyond the required summary contents in reg 11(8), so interaction with other disclosure obligations or freedom-of-information regimes will be determined by other laws and Ministerial practices.

Operational consents and other regulatory regimes

The Minister’s power to grant limited consents to exceed the produced formation water concentration (reg 33(3)-(5)) is constrained by operational parameters and the need to show no significant new impacts. That consent exists within the broader statutory framework governing discharges to sea, which may include Commonwealth marine pollution laws or international obligations. The Regulations require operators to list applicable legislation and codes in their plans (reg 14(6)(a)), which operationalises that interaction.

In summary, the Regulations are designed to operate alongside the Petroleum (Submerged Lands) Act 1982, incorporate or require recognition of other legislative and international obligations, and refer to emergency-management arrangements under the Emergency Management Act 2005. They create procedural hooks for the Minister to enforce compliance under the Act, and require operators to align their planning and reporting with other applicable laws.

The compiled Regulations provided include the citation and commencement history in the compilation table at the end. The Regulations are titled Petroleum (Submerged Lands) (Environment) Regulations 2012 and were gazetted on 28 August 2012; regulations 1 and 2 (citation and commencement procedural provisions) commenced on 28 August 2012, and the remainder of the Regulations commenced on 29 August 2012 (compilation table). The text supplied does not show any subsequent amending instruments, repeals, or later consolidated versions.

Key structural features at commencement

The Regulations were enacted as a discrete instrument with Parts 1 to 6 and detailed schedules of definitions and duties. The transcription identifies defined terms in a "Defined terms" table, and the compilation table confirms the initial gazettal date and commencement pattern. Regulation 2 prescribes staggered commencement: regs 1 and 2 on gazettal day, remainder the following day (reg 2).

Transitional arrangements and grandfathering

The Regulations include transitional provisions to convert existing environmental management plans required under conditions of petroleum instruments into approved environment plans (reg 43). These transitional provisions require operators to submit proposed revisions within a 12 month transitional period where the transitioned plan does not meet the approval criteria (reg 43(3)). They also address plans submitted but not accepted before commencement, treating them as submissions under the new regime and requiring opportunity to modify and resubmit to meet the new requirements (reg 44). For activities already underway without a plan, operators were required to submit an environment plan within the 12 month transitional period (reg 45(1)).

No amendment details provided

The supplied text does not list any amending regulations, repeal notes or later commencement orders. The compilation table states only the initial gazettal and commencement dates. For a comprehensive amendment history beyond the original instrument, practitioners should consult the Western Australian legislation database or the Government Gazette for any subsequent amendment instruments, revocations or consolidations.

Consequential or implied amendments

The Regulations, by design, convert and supersede previous condition-based environmental management plan regimes for adjacent area petroleum activities. The transitional provisions (Part 6) mechanise that conversion. They also ensure that previously accepted plans that were conditional continue as plans with corresponding limitations carried forward as conditions under reg 11(4)(b) (reg 43(2)). That implies a continuity of legal effect for previously imposed conditions at the time of transition.

Practical note on changes over time

Because the statutory obligations are operational and interact with broader environmental and petroleum regulation, practitioners should verify whether the Minister or relevant agencies have issued guidance, forms or policy statements since 2012 that affect how criteria like "reasonably satisfied" are applied, or that modify reporting formats, testing intervals or the register kept under regulation 41. Such administrative instruments will not appear in the Regulations themselves but will influence compliance practice.

The provided text contains no case law, judicial decisions or litigation history. It does not refer to any decisions of courts or tribunals, nor does it name any judicial authority or precedent. The Regulations themselves are administrative in character and set statutory duties, penalties and Ministerial powers.

What the Regulations record

The Regulations instruct procedural rights and duties to allow the Minister to approve, refuse, require revisions or withdraw approval (regs 10, 11, 19, 25-27). They provide procedural safeguards including written notices, reasons, and opportunities for submissions (reg 11(5)-(6); reg 19(2)-(6); reg 26(2), (5)-(6)). These procedural features create typical grounds for judicial review in public law, for example where a decision is argued to be unreasonable, procedurally unfair, or outside power, but no judicial instances are recorded in the text.

How to find litigation history

To identify any litigation that has interpreted these Regulations, practitioners should search Western Australian court and tribunal databases, the Federal Court and High Court for constitutional or Commonwealth interaction issues, and administrative law reporting services. Because the Regulations were made in 2012, any judicial engagement since then would appear in court databases or commercial legal research platforms.

Matters that could generate litigation

The provisions that are most likely to have generated litigation include Ministerial refusals to approve environment plans, imposition of conditions or limitations on approvals (reg 11(4)), Ministerial withdrawal of approval (regs 25-27), disputes about whether monitoring and reporting have been sufficient (regs 15(7), 16, 34), the interpretation of "reasonably satisfied" in approval processes (reg 11(1)), and enforcement actions for alleged non-compliance with plan conditions (reg 7). Procedural protections such as requirement to provide reasons and to consider submissions (reg 11(6); reg 19(4)-(6); reg 26(5)-(6)) would be focal points for judicial review challenges if they were not complied with.

Absence of named cases in the text

The Regulations do not cite any cases or statutory interpretation authorities. Any litigation history must therefore be sought outside the instrument using standard legal research tools.

The Regulations contain multiple technical and procedural traps for operators and instrument holders. Below are concrete points to watch, grounded in the text.

Timing traps

Approval timetable: The Minister has 30 days to approve, refuse or notify inability to decide and propose a timetable (reg 10(1)). However, a decision is not invalid if this 30 day limit is missed (reg 10(2)). Practically, operators should not assume automatic approval by lapse of time; the Minister’s discretion and extension power can delay commencement.
Incident notification and reporting: Reportable incidents require notification within two hours of occurrence or of awareness (reg 28(3)); a written report must follow within three days (reg 29(3)). Operators should design detection and information-flow systems to meet these short windows, and note that "reasonable excuse" is a statutory defence but fact-specific (regs 28(2), 29(2)).

Plan completeness and detail expectations

The content requirements are extensive. Plans must evaluate all direct and indirect impacts and potential emergency conditions (reg 14(3)-(4)), set measurable objectives and standards (reg 14(5)), and include a detailed implementation strategy covering chain of command, competencies, monitoring regimes and oil spill contingency plans with tests and trajectory modelling (reg 15(3)-(11)). Operators who treat the plan as a high-level policy document risk rejection or conditional approval.

Partial approvals and conditions

The Minister may approve a plan in part, or impose limitations or conditions (reg 11(4)(a)-(b)). Approval may also be conditional on a separate oil spill contingency plan being approved before commencement (reg 11(4)(c)). That means an approved plan may nevertheless prevent commencement if the separate condition is not satisfied.

Produced formation water numeric limit

A specific 30 mg/L average limit applies for discharges to sea over any 24 hour period (reg 33(1)(a)). Operators must ensure sampling and averaging comply. The Minister’s consent to exceed that limit is narrow and conditional, limited by discharge rate, duration, or research purpose, and requires demonstration of no significant new impacts (reg 33(3)-(5)).

Record-keeping and availability formalities

Records must be kept for five years and be reasonably retrievable (reg 31). When an inspector or Minister requests records, the operator may require written evidence of delegation or appointment before releasing records (reg 32(5)). However, requests made in emergencies require records as soon as possible even if outside normal hours (reg 32(6)(a)). Operators need clear processes to manage both access and verification requests.

Revision and five-year cycle

Plans must be revised every five years, calculated from the latest approval or revision (reg 20(1)(a)-(b)). For revisions submitted under regs 18 or 19, the Minister may specify a different start date for the five-year cycle (reg 20(2)). Operators must track these dates to avoid late submissions that attract penalties.

Public disclosure summary

Within 10 days of approval, the operator must submit a summary for public disclosure including operational details and consultation history (reg 11(7)-(8)). The Minister may require modifications within 10 days (reg 11(9)-(10)). Failing to provide an adequate summary or to modify it when asked can attract fines and delay transparency obligations.

Ministerial withdrawal process

Withdrawal of approval requires at least 30 days written notice and an opportunity to make submissions, but the Minister will consider remedial action only as part of the process (reg 26). Withdrawal can proceed for non-compliance with directions under the Act or specific Regulations, even if criminal proceedings have already occurred (reg 27). Operators may be subject both to conviction and administrative withdrawal.

Operator/instrument-holder reporting split

The instrument holder must ensure there is an operator and must notify the Minister before first submission (reg 37(1), (3)). If the operator information is missing, the Minister may decline to consider submissions under Part 2 (reg 40(1)). Coordination failures between titleholders and operators can therefore halt plan approvals.

Chemical dispersant approvals

Application of chemical dispersant is prohibited without written consent from the Minister or appropriate hazard management agency, and any conditions must be complied with (reg 35). The requirement attaches to any person applying dispersant, so operators must ensure contracting arrangements and emergency response plans reflect this approval chain.

Transitional obligations

Plans accepted before commencement were taken to be approved, but if they do not meet the new approval criteria operators must submit proposed revisions within the 12 month transitional period (reg 43). Operators who relied on earlier, less prescriptive plans must review them against regs 14-17 promptly.

Collective attention to these procedural and technical requirements will be necessary to avoid administrative delay, conditional approvals, or enforcement action.

This section sets out practical, source-grounded steps an instrument holder or operator should take to meet the Regulations’ requirements. Each recommended action maps to the specific regulatory provision.

Prepare the environment plan to the Regulation’s specifications

Ensure the plan meets the detailed content requirements in regulations 13-17. This means:
- Comprehensive description of the activity and locations (reg 14(1)(a)-(c)).
- Clear description of existing environment and relevant values and sensitivities (reg 14(2)).
- Identification and evaluation of all environmental impacts and risks, including indirect effects and emergency scenarios (reg 14(3)-(4)).
- Well-defined environmental performance objectives, standards and measurement criteria (reg 14(5)).
- Description of applicable legislative, international and code-based requirements (reg 14(6)).
- An implementation strategy that sets chain of command, personnel responsibilities, training and competencies, monitoring regimes, audit and non-compliance management, and specific procedures for emissions/discharges and testing (reg 15(3)-(7)).
- An oil spill contingency plan with trajectory modelling and testing requirements (reg 15(10)).
- A consultation plan with relevant authorities and stakeholders (reg 15(11), reg 11(1)(f)).

Build monitoring, testing and reporting systems into operations

Design monitoring programs to comply with reg 15(7) and reg 34. Monitoring must be accurate, auditable against plan standards, and performed continuously or at specified intervals. Tests must verify monitoring equipment performance at intervals specified in the plan (reg 15(7)(c); reg 34(4)-(5)). Record monitoring and test results and submit quarterly reports within 15 days after each reporting period (reg 34(7)-(9)). Keep a centralised data repository that supports five-year retention and retrieval (reg 31).

Operationalise incident detection and response

Implement detection, escalation and notification procedures that meet the two hour initial notification and three day written report timelines for reportable incidents (regs 28-29). Embed incident classification rules from the environment plan so operators can determine whether an event is reportable or recordable (reg 17(2)). Test emergency response arrangements regularly as required by the oil spill contingency plan (reg 15(10)(b)-(c)).

Manage produced formation water compliance

Monitor petroleum concentration in produced formation water to ensure a 24 hour average of no more than 30 mg/L when discharging to sea (reg 33(1)(a)). If injection or re-injection is proposed, set the maximum permissible concentration in the environment plan (reg 15(8)). If an operational need may require exceeding limits, seek Ministerial consent under reg 33(3) only where the statutory conditions can be shown, for example low discharge rate or limited duration, or justified research, and demonstrate no significant new impacts (reg 33(4)-(5)).

Maintain records and manage access

Store and maintain environment plans, revisions, monitoring, audit reports, calibration and test records, and incident notifications and reports for at least five years and ensure retrieval is reasonably practicable (reg 31(1)-(2)). Establish procedures to produce records in paper or agreed electronic form at the nominated address and to deal with requests from the Minister or inspectors, including verification of delegation where requested (reg 32(3)-(8), reg 38(4)-(5)).

Manage operator and agent notifications

Instrument holders must ensure an operator is recorded and notify the Minister of the operator’s contact details before the first Part 2 submission (reg 37(3)). Operators must notify the Minister within seven days of agent appointment or any change of contact details (reg 38(1)). Maintain the address and electronic contact channels required under reg 38(4)-(5). These administrative duties are preconditions for the Minister considering environment plan submissions under reg 40(1).

Plan for revisions and the five-year cycle

Track the approval and revision dates to comply with the five-year revision cycle (reg 20(1)). Submit proposed revisions at least 14 days before the end of each five-year period, and for oil spill contingency plans submit every two years and six months (reg 23(1)). For any material change in the activity or operator, submit a proposed revision before commencement of change if not provided for in the plan (reg 18(1)).

Prepare for public disclosure

Within 10 days of approval submit the summary required by reg 11(7)-(8) for public disclosure, including operator contact details, locations, environmental description, a summary of impacts and the implementation strategy, and consultation details. Be prepared to modify the summary within 10 days if the Minister requires (reg 11(9)-(10)).

Design contingency and dispersant procedures with regulatory approvals in mind

The oil spill contingency plan should set out when dispersant use may be considered, and the operator must recognise that application of chemical dispersant requires written consent of the Minister or the prescribed hazard management agency under the Emergency Management Act 2005 (reg 35). Build protocols for obtaining such consent and for complying with any conditions attached.

Legal and administrative audit trail

Keep careful documentation of consultations with the Minister, submissions, decisions, reasons given under reg 11(5)-(6), and any requests or notices from the Minister under reg 19 or reg 26. The Regulations require the Minister to provide reasons when refusing or imposing conditions; preserving a clear record will aid administrative engagement and potential review.

Internal competence and training

The implementation strategy must identify competencies and training for employees and contractors (reg 15(5)). Operators should develop training programs, role descriptions, and competence verification to meet this requirement.

Engage early with the Minister and stakeholders

The Minister can refuse to decide within 30 days and set a timetable (reg 10(1)(c)). Early engagement and agreement on forms and scopes, and on whether plans can be staged (reg 9(2)-(3)), will reduce delay risk. The plan must demonstrate appropriate consultation (reg 11(1)(f), reg 15(11)).

By mapping operational systems to the express requirements in regs 9-35, and by building administrative processes to manage notifications, records and Ministerial interactions, operators and instrument holders can align practice to the Regulations’ mandatory structure and minimise the risk of fines or withdrawal of approval.

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