Petroleum (Submerged Lands) (Management of Environment) Regulations 2022
In ForceTAS
Jurisdiction
Tasmania
Act Number
25 of 2022
Collection
regulation
Plain English Summary
7/10 complexity
These regulations require operators to have a Minister‑accepted environment plan before carrying out any offshore petroleum activity and set what those plans must contain (environmental objectives and standards, implementation, consultation, monitoring), plus incident notification, recordkeeping and limits on petroleum in produced formation water. They apply to operators and petroleum instrument holders by imposing pre‑approval, periodic revision, notification and reporting duties, monetary penalties for breaches, and Ministerial powers to accept, vary or withdraw environment plans.
These regulations establish a framework for environmental management of petroleum activities in offshore (submerged lands) areas by placing specific planning, consultation, monitoring, reporting and record-keeping obligations on operators and petroleum instrument holders. Mechanically, the regulations do the following.
Make it an offence for an operator to carry out a petroleum activity unless an environment plan accepted by the Minister is in force for that activity (regulation 6). A breach attracts a fine not exceeding 80 penalty units.
Require operators to submit an environment plan before commencing activity (regulation 9), and to comply with that plan and any limitations or conditions imposed under the regulations (regulation 7). The Minister must accept, refuse or set a timetable for decision within 30 days of submission (regulation 10), and must accept a plan where there are reasonable grounds that a set of specified criteria are met (regulation 11).
Specify the mandatory content of an environment plan (Division 4). Required elements include a comprehensive description of activity (regulation 15), a description of the receiving environment and an evaluation of environmental impacts and risks (regulation 16), environmental performance objectives and standards and measurement criteria (regulation 17), requirements relevant to environmental management (regulation 18), and an implementation strategy with detailed systems, training, chain of command, monitoring, audit and record-keeping arrangements (regulation 19). An oil spill contingency plan and testing regime are mandatory elements of the implementation strategy (regulation 20).
Impose structured consultation duties on operators when preparing or revising plans, including consulting each “relevant person” and providing sufficient information and time for an informed assessment (regulation 14); require a consultation report to be included in the plan (regulation 22).
Current sections
Direct links to the current provisions in Petroleum (Submerged Lands) (Management of Environment) Regulations 2022.
The object of these regulations is to ensure that a petroleum activity is carried out –
(a) in a manner that is consistent with the principles of ecologically sustainable development; and
(b) in accordance with an environment plan that incorporates –
(i) appropriate environmental performance objectives and environmental performance standards; and
(ii) measurement criteria for determining if those objectives and standards are met.
4
Interpretation
4 Interpretation
In these regulations, unless the contrary intention appears –
accepted, for an environment plan or a proposed revision of an environment plan, means accepted, in full or in part, by the Minister under regulation 11 ;
(a) ecosystems and their constituent parts, including people and communities; and
(b) natural and physical resources; and
(c) the qualities and characteristics of locations, places and areas; 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) ;
environmental impact means any change to the environment, whether adverse or beneficial, that wholly or partially results from a petroleum activity of an operator;
environmental performance means the extent to which environmental performance objectives and environmental performance standards are being met;
environmental performance objectives has the meaning it has in regulation 17(2) ;
environmental performance standards has the meaning it has in regulation 17(3) ;
environment plan means an environment plan submitted by an operator under regulation 9 ;
facility includes a structure or installation of any kind;
implementation strategy, for a petroleum activity, means the implementation strategy that is, in accordance with regulation 19(1) , part of the environment plan for the activity;
operator, for a petroleum activity, means –
(a) the person specified in the register, maintained by the Minister under regulation 45 , as the operator of the petroleum activity; or
(b) if there is no such person specified in that register and a petroleum instrument is granted in respect of the activity, the person responsible to the petroleum instrument holder for the overall management of the petroleum activity (whether or not operations have commenced); or
(c) if there is no such person specified in that register and a petroleum instrument is not granted in respect of the activity, the person responsible for performing the petroleum activity;
petroleum activity means –
(a) any operations or works in an offshore area carried out under a petroleum instrument, other authority or consent under the Act or the regulations; and
(b) any activity relating to petroleum exploration or development which may have an impact on the environment –
and includes any related operations, works or activity;
petroleum instrument includes –
(a) a permit; and
(b) a lease; and
(c) a licence; and
(d) a pipeline licence; and
(e) an access authority; and
(f) a special prospecting authority; and
(g) any other authority granted by an instrument under the Act for the carrying out of a petroleum activity;
petroleum instrument holder includes –
(a) a permittee; and
(b) a lessee; and
(c) a licensee; and
(d) a pipeline licensee; and
(e) the registered holder of an access authority for a petroleum activity; and
(f) the registered holder of a special prospecting authority for a petroleum activity; and
(g) any other registered holder of a petroleum instrument for a petroleum activity;
produced formation water means natural aqueous fluid, recovered from a reservoir involving petroleum, in association with the petroleum;
related activity means one or more of the following activities:
(a) seismic or other surveys;
(b) drilling;
(c) construction and installation of a facility;
(d) operation of a facility;
(e) significant modification of a facility;
(f) decommissioning, dismantling or removing a facility;
(g) construction and installation of a pipeline;
(h) operation of a pipeline;
(i) significant modification of a pipeline;
(j) decommissioning, dismantling or removing a pipeline;
(k) storage, processing or transport of petroleum;
relevant person, in relation to an environment plan or a revised environment plan, means –
(a) each Government department, or State authority, as defined in the State Service Act 2000 , to which the petroleum activities to be carried out under the environment plan or revised environment plan may be relevant; and
(b) each Department or agency of the Commonwealth, or another State or a Territory, to which the petroleum activities to be carried out under the environment plan or revised environment plan may be relevant; and
(c) each person whose functions, interests or activities may be affected by the petroleum activities to be carried out under the environment plan or revised environment plan; and
(d) any other person that the operator, for the petroleum activity, considers has an interest in the petroleum activities to be carried out under the environment plan or revised environment plan;
reportable incident, for an operator, means an incident that is the subject of a notice given by the operator under regulation 32(1) ;
revise, for an environment plan, includes extend or modify.
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Refences to petroleum activity
5 Refences to petroleum activity
A reference in these regulations to a petroleum activity includes, where the context permits, a reference to –
(a) a proposed petroleum activity; and
(b) a stage of a petroleum activity.
Part 2
Environment Plans
Part 2 Environment Plans
Division 1
Requirement for environment plan
Division 1 Requirement for environment plan
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Environment plan required for petroleum activity
6 Environment plan required for petroleum activity
(1) An operator must not carry out a petroleum activity unless there is an environment plan, that has been accepted under regulation 11 , for the activity.
Penalty: Fine not exceeding 80 penalty units.
(2) Nothing in this regulation affects any other requirement under the Act in respect of an activity.
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Operators must comply with environment plan
7 Operators must comply with environment plan
(1) An operator must not carry out a petroleum activity in a way that is contrary to –
(a) the environment plan for the petroleum activity; or
(b) any limitation or condition, imposed under these regulations, applying to operations for the petroleum activity.
Penalty: Fine not exceeding 80 penalty units.
(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 may only give written consent under subregulation (2) if there are reasonable grounds for believing that the way in which the petroleum activity is to be carried out will not result in the occurrence of any significant new environmental impact or risk, or significant increase in any existing environmental impact or risk.
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Operations must not continue if new or increased environmental impact or risk identified
8 Operations must not continue if new or increased environmental impact or risk identified
An operator must not carry out a petroleum activity after the occurrence of any significant new environmental impact or risk, or significant increase in an existing environmental impact or risk, arising from the activity unless –
(a) the new impact or risk, or increase in the impact or risk, is provided for in the environment plan for the activity; or
(b) as soon as practicable after the occurrence, the operator has submitted a proposed revision of the environment plan and the Minister has not rejected it under Division 5 .
Penalty: Fine not exceeding 80 penalty units.
Division 2
Submission and acceptance of environment plan
Division 2 Submission and acceptance of environment plan
9
Operators must submit environment plan
9 Operators must submit environment plan
(1) An operator must submit an environment plan for a petroleum activity to the Minister before the operator commences the activity.
(2) The environment plan –
(a) must be in writing or an approved form; and
(b) must include the information that is specified in Division 4 in respect of an environment plan; and
(c) may be submitted for one or more stages of the petroleum activity, if the operator and the Minister so agree; and
(d) may relate to a specified petroleum activity in one or more identified locations specified in the plan, if the Minister so approves.
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Time limit for accepting, or not accepting, environment plan
10 Time limit for accepting, or not accepting, environment plan
(1) Within 30 days after an operator submits an environment plan to the Minister under regulation 9(1) , the Minister is to –
(b) refuse to accept the plan under regulation 11 ; or
(c) give notice in writing to the operator –
(i) stating that the Minister is unable to make a decision about the plan within 30 days; and
(ii) setting out a proposed timetable for consideration of the plan.
(2) A decision by the Minister to accept, or refuse to accept, an environment plan is not invalid only because the Minister did not comply with subregulation (1) in respect of 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
Acceptance of environment plan
11 Acceptance of environment plan
(1) The Minister must accept an environment plan for a petroleum activity if there are reasonable grounds for believing that the plan –
(a) is appropriate for the nature and scale of the petroleum activity or proposed use; and
(b) demonstrates that the environmental impacts and risks in respect of the petroleum activity will be reduced to as low as reasonably practicable; and
(c) demonstrates that the environmental impacts and risks in respect of the petroleum activity will be of an acceptable level; and
(d) provides for appropriate environmental performance objectives, environmental performance standards and other measurement criteria; and
(e) includes an appropriate implementation strategy and monitoring, recording and reporting arrangements; and
(f) for the requirement mentioned in regulation 22(1)(b) , demonstrates that –
(i) the operator has carried out the consultations required under regulation 14 ; and
(ii) the measures, if any, that the operator has adopted, or proposes to adopt, because of the consultations are appropriate; and
(g) complies with the Act.
(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 period of time to modify and resubmit the plan.
(3) If an environment plan is resubmitted to the Minister as referred to in subregulation (2) and the Minister is still not reasonably satisfied that the plan meets the criteria set out in subregulation (1) , the Minister must refuse to accept the plan.
(4) Despite subregulation (3) , the Minister may do either or both of the following:
(a) accept the plan in part for a particular stage of the petroleum activity;
(b) accept the plan, or part of the plan, subject to certain limitations or conditions, imposed by the Minister, applying to operations for the petroleum activity.
12
Notice of Minister’s decision
12 Notice of Minister’s decision
(1) If an operator submits an environment plan under regulation 9 , the Minister must give the operator notice in writing of a decision by the Minister under regulation 11 –
(a) to accept the environment plan in full; or
(b) to refuse to accept the environment plan; or
(c) to accept the environment plan in part for a particular stage of the petroleum activity to be performed under the plan; or
(d) to accept the environment plan, in full or in part, subject to the imposition of limitations or conditions applying to operations for the petroleum activity to be performed under the plan.
(2) The written notice of a decision by the Minister under subregulation (1)(b) , (c) or (d) must set out –
(a) the terms of the Minister's decision and the reasons for it; and
(b) if limitations or conditions are to apply to operations for the petroleum activity to be performed under the plan, those limitations or conditions.
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Operators to submit summary of environment plan
13 Operators to submit summary of environment plan
(1) Within 10 days after receiving written notice of the acceptance of an environment plan under regulation 12(1)(a) , the operator must submit to the Minister a summary of the environment plan in accordance with subregulation (2) .
(2) A summary of an environment plan for a petroleum activity –
(a) must include the following information from the environment plan:
(i) the coordinates of the petroleum activity;
(ii) a description of the receiving environment;
(iii) a description of the petroleum activity;
(iv) details of major environmental hazards and controls;
(v) a summary of the operator's management approach;
(vi) details of consultation already undertaken under regulation 14 , and plans for ongoing consultation, if any;
(vii) contact details for the operator's nominated liaison personnel for the petroleum activity; and
(b) must be to the satisfaction of the Minister.
(3) If the Minister is satisfied with the summary of an environment plan submitted under this regulation, the Minister may, at any time –
(a) make publicly known particulars of the summary of the environment plan; or
(b) on request by a person, make available to that person the summary of the environment plan.
Division 3
Consultation during preparation or revision of environment plan
Division 3 Consultation during preparation or revision of environment plan
14
Consultation with relevant persons
14 Consultation with relevant persons
In preparing, or revising, an environment plan for a petroleum activity, an operator must –
(a) consult each relevant person as to the relevant person's assessment of the possible consequences of the petroleum activity for the relevant person's functions, interests or activities; and
(b) provide each relevant person with sufficient information relating to the environment plan to enable the relevant person to make an informed assessment of those possible consequences; and
(c) allow the relevant person a reasonable time period to undertake the informed assessment.
Division 4
Contents of environment plan
Division 4 Contents of environment plan
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Description of petroleum activity
15 Description of petroleum activity
The environment plan for a petroleum activity must include a comprehensive description of the petroleum activity, including the following:
(a) the location or locations of the petroleum activity;
(b) general details of the construction and layout of any facility or other structure;
(c) an outline of the operational details of the petroleum activity (for example, seismic surveys, exploration drilling or production) and proposed timetables;
(d) any additional information relevant to consideration of environmental impacts and risks in respect of the petroleum activity.
16
Description of environment
16 Description of environment
(1) The environment plan for a petroleum activity must include details of the particular relevant values and sensitivities, if any, of that environment.
(2) The environment plan for a petroleum activity must include –
(a) details of the environmental impacts and risks in respect of the petroleum activity; and
(b) an evaluation of the significant environmental impacts and risks arising directly or indirectly from –
(i) the construction of the petroleum activity; and
(ii) the operation of the petroleum activity; and
(iii) any potential emergency condition occurring during construction or operation of the petroleum activity.
17
Environmental performance objectives and standards
17 Environmental performance objectives and standards
(1) The environment plan for a petroleum activity must include –
(a) environmental performance objectives; and
(b) environmental performance standards; and
(c) measurement criteria.
(2) For subregulation (1) , the environmental performance objectives are the goals of an operator in relation to the potential environmental impact of a petroleum activity.
(3) For subregulation (1) , the environmental performance standards are the statements of performance required of a system, an item of equipment, a person or a procedure, that are used as a basis for managing environmental risk.
(4) The environmental performance objectives, environmental performance standards and measurement criteria must –
(a) address legislative and other controls that manage environmental features of the petroleum activity; and
(b) define the objectives, and set the standards, against which performance by the operator in protecting the environment is to be measured; and
(c) include measurement criteria for determining whether those objectives and standards have been met.
18
Requirements
18 Requirements
The environment plan for a petroleum activity must describe the requirements that –
(a) apply to the petroleum activity; and
(b) are relevant to the environmental management of the petroleum activity.
19
Implementation strategy
19 Implementation strategy
(1) The environment plan for a petroleum activity must include a strategy (the implementation strategy) that is in accordance with this regulation.
(2) The implementation strategy must –
(a) include measures –
(i) to identify the specific systems, practices and procedures to be used to ensure that the environmental performance objectives and environmental performance standards in the environment plan are met; and
(ii) 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; and
(b) identify the specific systems, practices and procedures to be used to ensure that the environmental impacts and risks in respect of the petroleum activity are continuously reduced to as low as reasonably practicable; and
(c) 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; and
(d) provide for –
(i) the monitoring, audit, management of non-conformance, and review, of the operator’s environmental performance and the implementation strategy; and
(ii) the maintenance of a quantitative record of emissions and discharges (whether occurring during normal operations or otherwise) to the air, marine, seabed and sub-seabed environment, that is accurate and can be monitored and audited against the environmental performance standards and measurement criteria.
(3) The implementation strategy must provide for appropriate consultation with –
(a) relevant authorities of the Commonwealth, another State or a Territory; and
(b) other relevant interested persons or organisations.
(4) The implementation strategy must comply with the Act.
20
Oil spill contingency plan
20 Oil spill contingency plan
(1) The implementation strategy must include an oil spill contingency plan and provide for the plan to be kept up-to-date in accordance with subregulation (2) .
(2) An oil spill contingency plan must be kept up to date.
(3) An oil spill contingency plan must include emergency response arrangements.
(4) The emergency response arrangements included in an oil spill contingency plan under subregulation (3) must be tested –
(a) when the arrangements are introduced in the oil spill contingency plan; and
(b) when the arrangements are significantly amended; and
(c) when a new location for the petroleum activity is added to an environment plan; and
(d) when a facility or other structure becomes operational; and
(e) not later than 12 months after the most recent test.
21
Recording and reporting arrangements
21 Recording and reporting arrangements
The environment plan must include arrangements for –
(a) recording, monitoring and reporting information about the petroleum activity, including information required to be recorded under the Act, sufficient to enable the Minister to determine whether the environmental performance objectives and environmental performance standards in the environment plan are met; and
(b) reporting to the Minister at intervals agreed with the Minister, but not less often than annually.
22
Other information to be included
22 Other information to be included
(1) An environment plan for a petroleum activity must include –
(a) a statement of the operator’s corporate environmental policy; and
(b) a consultation report, in accordance with subregulation (2) , on the consultation undertaken by the operator under regulation 14 ; and
(c) details of any reportable incidents that relate to the petroleum activity.
(2) The consultation report must include –
(a) a copy of the full text of an assessment made by a relevant person under regulation 14 and provided to the operator in accordance with that regulation; and
(b) a summary of that assessment; and
(c) the operator's opinion on the merits of that assessment; and
(d) the operator's response, or proposed response, if any, to that assessment.
Division 5
Revision of environment plan
Division 5 Revision of environment plan
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Revision owing to change, or proposed change, of circumstances or operations
23 Revision owing to change, or proposed change, of circumstances or operations
(1) An operator must submit to the Minister a proposed revision of an environment plan for a petroleum activity before the commencement of –
(a) any new petroleum activity not provided for in the environment plan; or
(b) any significant modification of, change to, or new stage of, an existing petroleum activity not provided for in the environment plan for that petroleum activity.
(2) An operator must submit a proposed revision of an environment plan for a petroleum activity before, or as soon as practicable after –
(a) a change in the petroleum instrument holder for, or operator of, the petroleum activity to which the environment plan relates; or
(b) the occurrence of any significant new environmental impact or risk, or significant increase in an existing environmental impact or risk, not provided for in the environment plan; or
(c) the occurrence of a series of new environmental impacts or risks, or a series of increases in existing environmental impacts or risks, that is not provided for in the environment plan and, which, taken together, amount to the occurrence of –
(i) a significant new environmental impact or risk; or
(ii) a significant increase in an existing environmental impact or risk.
24
Revision on request by Minister
24 Revision on request by Minister
(1) An operator must submit a proposed revision of an environment plan for a petroleum activity to the Minister if the Minister requests the operator to do so.
(2) A request by the Minister for a revision under subregulation (1) must –
(a) be in writing; and
(b) set out the matters to be addressed by the revision; and
(c) set out the grounds for the revision; and
(d) set out the proposed date of effect of the revision.
(3) An operator, who receives a request for a revision under subregulation (1) , may make a written submission to the Minister stating the operator's reasons for any one or more of the following matters:
(a) why the revision should not occur;
(b) why the revision should be in different terms to the proposed terms;
(c) why the revision should take effect on a date later than the proposed date.
(a) within 21 days after the operator receives the request for a revision under subregulation (1) ; or
(b) within any longer period approved in writing by the Minister.
(5) After receipt of a written submission under subregulation (3) in respect of a revision under this regulation, the Minister must –
(a) decide whether to accept one or more of the reasons for one or more of the matters stated in the submission; and
(b) give the operator notice in writing of the Minister's decision; and
(c) to the extent, if any, that the Minister accepts the reasons, give the operator notice in writing that varies or withdraws the request for a revision; and
(d) to the extent, if any, that the Minister does not accept the reasons, give the operator notice in writing of the grounds for not accepting them.
(6) An operator must comply with a request made by the Minister under this regulation and not withdrawn, or with a request as varied under this regulation, as soon as practicable.
25
Revision at end of each 5-year period
25 Revision at end of each 5-year period
An operator must submit a proposed revision of an environment plan for a petroleum activity to the Minister at least 14 days before the end of each period of 5 years, commencing on whichever of the following dates is the latest:
(a) the date on which the environment plan is first accepted;
(b) the date on which the proposed revision of the environment plan is accepted;
(c) in the case of the proposed revision of an environment plan submitted to the Minister under regulation 23 , the date on which the proposed revision was so submitted;
(d) in the case of the proposed revision of an environment plan requested by the Minister under regulation 24 , the date on which the proposed revision was submitted to the Minister under that regulation.
26
Form of revision
26 Form of revision
A proposed revision of an environment plan for a petroleum activity under regulation 23 , 24 or 25 , must be in the form of a revised environment plan or, if the operator and the Minister so agree, a revised part of an environment plan.
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Acceptance of revised environment plan
27 Acceptance of revised environment plan
Regulations 10 , 11 and 14 apply to the proposed revision of an environment plan for a petroleum activity as if –
(a) a reference in those regulations to the submission, acceptance or non-acceptance of an environment plan were a reference to the submission, acceptance or non-acceptance of the proposed revision of an environment plan; and
(b) any other reference in those regulations to an environment plan were a reference to the plan as revised by the proposed revision.
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Effect of non-acceptance of proposed revision
28 Effect of non-acceptance of proposed revision
If a proposed revision of an environment plan for a petroleum activity is not accepted under regulation 11 , the provisions of the environment plan in force for the petroleum activity existing immediately before the proposed revision was submitted remain in force, subject to the Act, the regulations or any other regulations made under the Act (in particular, the provisions of Division 6 of Part 2 of these regulations), as if the revision had not been proposed.
Division 6
Withdrawal of acceptance of environment plan
Division 6 Withdrawal of acceptance of environment plan
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Withdrawal of acceptance of environment plan
29 Withdrawal of acceptance of environment plan
(1) Subject to regulation 30 , the Minister, by notice in writing to an operator, may withdraw the acceptance of an environment plan for a petroleum activity on any one or more of the grounds set out in subregulation (2) .
(a) the operator or petroleum instrument holder has not complied with –
(i) the Act or any other regulations made under the Act relating to environmental requirements; or
(ii) a direction given by the Minister under the Act; or
(b) the operator has not complied with regulation 7 , 8 , 23 , 24 or 25 ; or
(c) the Minister has refused to accept a proposed revision of the environment plan.
(3) A notice under subregulation (1) to withdraw the acceptance of an environment plan for a petroleum activity must set out the reasons for the decision.
30
Steps to be taken before withdrawal of acceptance
30 Steps to be taken before withdrawal of acceptance
(1) Before withdrawing the acceptance of an environment plan for a petroleum activity under regulation 29(1) , the Minister must comply with subregulations (2) , (3) and (4) .
(2) The Minister –
(a) must give the operator at least 30 days’ notice in writing of the Minister’s intention to withdraw acceptance of the environment plan; and
(b) may give a copy of that written notice to such other persons, if any, as the Minister thinks fit.
(3) A notice under subregulation (2) must include a date (the specified date) on or before which the operator (or any other 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.
(4) The Minister must take into account –
(a) any action taken by the operator or petroleum instrument holder to remove the ground for withdrawal of acceptance, or to prevent the recurrence of that ground; and
(b) any matter submitted to the Minister under subregulation (3) before the specified date by the operator or a person to whom a copy of the notice has been given under that regulation.
31
Withdrawal of acceptance not affected by other provisions
31 Withdrawal of acceptance not affected by other provisions
(1) The Minister may withdraw the acceptance of an environment plan for a petroleum activity on the ground that the operator or petroleum instrument holder has not complied with the Act, or a regulation mentioned in regulation 29(2)(b) , even though the operator or petroleum instrument holder has not been convicted of an offence by reason of the failure to comply with that provision.
(2) The operator of, or the petroleum instrument holder for, a petroleum activity for which the acceptance of an environment plan has been withdrawn by the Minister on a ground referred to in subregulation (1) may be convicted of an offence by reason of the failure to comply with the provision, even though the acceptance of the environment plan has been withdrawn.
Part 3
Incidents, Reports and Records
Part 3 Incidents, Reports and Records
32
Notification of reportable incidents
32 Notification of reportable incidents
(1) An operator must give notice to the Minister, in accordance with this regulation, of an incident, arising from a petroleum activity, that in the opinion of the operator is causing, or may cause, moderate to significant environmental damage.
(b) be given as soon as practicable, but not later than 2 hours after –
(i) the time when the reportable incident first occurs; or
(ii) if the operator did not detect the reportable incident when it first occurred, the time when the operator became aware of the reportable incident; and
(c) contain details of the –
(i) material facts and circumstances relating to the reportable incident that the operator knows or is able, by reasonable search and enquiry, to find out; and
(ii) actions taken by the operator to avoid or mitigate any adverse environmental impact of the reportable incident; and
(iii) corrective actions taken, or proposed to be taken, by the operator to prevent a similar reportable incident.
(3) An operator must, as soon as practicable after giving a notice under subregulation (1) , give a written record of that notice to the Minister.
(4) A written record under subregulation (3) in respect of a reportable incident is not required to contain any matter that was not included in the notice given to the Minister under subregulation (1) in respect of the incident.
33
Written report of reportable incidents
33 Written report of reportable incidents
(1) An operator must give a written report of a reportable incident to the Minister in accordance with this regulation.
Penalty: Fine not exceeding 40 penalty units.
(2) A written report under subregulation (1) , in respect of a reportable incident, must –
(a) be given –
(i) as soon as practicable, but not later than 3 days after the time when the reportable incident first occurs; or
(ii) if, within 3 days after the time when the reportable incident first occurs, the Minister specifies a period for giving the report, within that specified period; and
(b) contain details of all of the –
(i) material facts and circumstances relating to the reportable incident that the operator knows or is able to, by reasonable search and enquiry, find out; and
(ii) actions taken by the operator to avoid or mitigate any adverse environmental impacts of the reportable incident; and
(iii) corrective actions taken, or proposed to be taken, by the operator to prevent a similar reportable incident; and
(iv) actions that have been taken, or are proposed to be taken, to prevent a similar incident occurring in the future.
34
Monthly report of recordable incidents
34 Monthly report of recordable incidents
(1) In this regulation –
recordable incident for an operator, means an incident, arising from a petroleum activity, that –
(a) breaches an environmental performance objective or an environmental performance standard; and
(b) is not a reportable incident.
(2) If a recordable incident occurs in a particular calendar month, an operator must give a written report of the recordable incident to the Minister in accordance with this regulation.
(b) be given as soon as practicable after the end of a calendar month, but not later than 15 days after the end of the relevant calendar month; and
(c) contain details of –
(i) all recordable incidents that occurred during the calendar month; and
(ii) the material facts and circumstances relating to the recordable incidents that the operator knows or is able, by reasonable search and enquiry, to find out; and
(iii) the action taken by the operator to avoid or mitigate any adverse environmental impacts of the recordable incidents; and
(iv) the corrective action taken, or proposed to be taken, by the operator to prevent similar recordable incidents.
35
Storage of documents and other records
35 Storage of documents and other records
(1) An operator must store and maintain a document or other record mentioned in subregulation (2) –
(a) for the period of 5 years from the making of the document or other record; and
(b) in a way that makes retrieval of the document or other record reasonably practicable.
Penalty: Fine not exceeding 30 penalty units.
(2) For subregulation (1) , the documents or other records are the following:
(a) an environment plan;
(b) revisions of 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 emissions and discharges into the environment made in accordance with the environment plan;
(e) records of calibration and maintenance of monitoring devices used in accordance with the environment plan;
(1) An operator must make available, in accordance with this regulation, copies of the documents or other records mentioned in regulation 35 .
Penalty: Fine not exceeding 30 penalty units.
(2) The operator must make copies of the documents and other records available to any of the following persons, on request in writing by the person:
(a) the Minister;
(b) a delegate, under section 15 of the Act, of the Minister;
(c) an inspector.
(3) If a person referred to in subregulation (2) requests that copies of the documents or other records be made available to an agent of the person, the operator must make the copies available to the agent.
(4) An operator is not required to make copies of records available to a person referred to in subregulation (2)(b) or (c) unless that person can produce written evidence of his or her delegation or appointment as an inspector or agent.
(5) Copies of documents or other records must be made available –
(a) in the case of an emergency relating to a petroleum activity, as soon as possible at any time of the day or night on any day during the emergency; or
(b) in any other case, during normal business hours on any day, other than a Saturday, a Sunday or a statutory holiday as defined in the Statutory Holidays Act 2000 , at the place where the records are kept.
(6) Copies of the documents or other records must be made available at –
(a) the address of the operator of which notice has been given under regulation 42(3)(a) ; or
(b) if agreed between the operator and the person making the request (or the person’s agent), at any other place (including by means of electronic transmission to the person or agent at that place).
(7) If the documents or other records are stored on a computer, the documents or other records must be made available in print-out form or, if the operator and the Minister so agree, in electronic form.
Part 4
Miscellaneous
Part 4 Miscellaneous
37
Interpretation
37 Interpretation
In this Division –
specified concentration means a concentration of petroleum in produced formation water that is not greater than an average of 30ml/L over any period of 24 hours.
38
Discharges of produced formation water
38 Discharges of produced formation water
(1) An operator must ensure that the concentration of petroleum in produced formation water, discharged into the sea as a result of the operation of a petroleum activity, does not exceed the specified concentration.
Penalty: Fine not exceeding 40 penalty units.
(2) Nothing in subregulation (1) affects the application to an operator of an environmental performance standard, in an environment plan, that has been accepted under regulation 11 for the relevant petroleum activity, for a concentration of petroleum in produced formation water discharged into the sea that is less than the specified concentration.
(a) has the consent, in writing, of the Minister to exceed the specified concentration; and
(b) does not exceed that concentration so consented to by the Minister.
(4) An operator must provide the Minister with details of any significant new, or increased existing, environmental impact or risk that may be expected to be associated with the operation of the petroleum activity if the Minister were to consent to the specified concentration being exceeded.
(5) The Minister must not give consent for the specified concentration to be exceeded unless –
(a) the Minister is satisfied that the consent will not result in any significant new or increased environmental impact or risk; and
(b) the consent –
(i) applies to a concentration of petroleum in produced formation water that is not greater than 0.5ML over any period of 24 hours; or
(ii) applies to a period not greater than 48 hours; or
(iii) is required for operational research that has the potential to improve the environmental performance of the operator, in respect of the petroleum activity.
39
Tests and records of produced formation water to be kept
39 Tests and records of produced formation water to be kept
(1) An operator must assess the performance of any equipment used to monitor the quality of produced formation water, discharged into the sea as a result of the operation of a petroleum activity, by –
(a) conducting an accepted test at regular intervals; and
(b) recording the test results.
(2) At the request of the Minister, an operator must produce for inspection the test results mentioned in subregulation (1) .
Penalty: Fine not exceeding 40 penalty units.
40
Interpretation of Division
40 Interpretation of Division
In this Division –
contact details, for an operator or an agent, means the name, address within Australia, telephone number, facsimile number and electronic address (if any) of the operator or agent.
41
Notification of appointment of operator
41 Notification of appointment of operator
(1) A petroleum instrument holder must ensure that, at all times, there is an operator for the petroleum activity.
(2) An operator is the person responsible to the petroleum instrument holder for the overall management and operation of the petroleum activity.
(3) A petroleum instrument holder must notify the Minister, in writing, of the contact details of an operator before the first submission for a petroleum activity is lodged under these regulations.
(4) If the operator is to change, the petroleum instrument holder must notify the Minister, in writing, at the earliest practicable opportunity and, if practicable, at least 28 days before the change of operator takes effect.
(5) Nothing in this regulation affects any duty or responsibility of the petroleum instrument holder, under the Act, for a petroleum activity carried out under the petroleum instrument.
42
Operator to give details
42 Operator to give details
(1) An operator must notify the Minister, in writing, within 7 days after –
(a) the appointment of an agent of the operator, in relation to the petroleum activity, and the contact details of the agent; or
(b) any change of agent; or
(c) any change of name (where there is no change of identity) or contact details of the operator or the operator’s agent.
(2) The operator must include, in any submission to the Minister under Part 2 , the contact details of the operator or the operator’s agent.
(3) An operator, at all times after operations for the petroleum activity have commenced, must maintain, and ensure that the Minister has notice of –
(a) an address for the operator, for communications on matters relating to the petroleum activity; and
(b) a facsimile number, or electronic mail address, within Australia at which a request for records may be made under regulation 36 .
Penalty: Fine not exceeding 40 penalty units.
43
No requirement to give information more than once
43 No requirement to give information more than once
(1) Despite any other provision of this Division, a petroleum instrument holder or operator is not required to give information to the Minister under this Division if, at any relevant time, the information has been given in accordance with any other provision of the Act.
(2) Subregulation (1) does not apply if the information already given is lost or destroyed.
44
Minister may decline to consider submission if information not given
44 Minister may decline to consider submission if information not given
Despite any other provision in these regulations, if a petroleum instrument holder, or an operator, does not give information to the Minister in accordance with this Division, and the information has not been given under another law, the Minister may decline to consider a submission made by the operator under these regulations relating to the petroleum activity, until the information is given.
45
Minister to keep register
45 Minister to keep register
The Minister must maintain a register or other record of information about an operator or agent –
(a) mentioned in this Division; and
(b) given (whether under this Division or otherwise) to the Minister.
46
Proof of appointment as operator
46 Proof of appointment as operator
(1) In proceedings under these regulations, a document that appears to the court to be a certificate by a Minister, in accordance with subregulation (2) , certifying a statement to the effect mentioned in subregulation (3) –
(a) is evidence of the truth of the statement; and
(b) may be received in evidence without being proved.
(2) The certificate must be signed by the Minister and be expressed to be in accordance with the register or other record maintained by the Minister under regulation 45 .
(3) The statement must be to the effect that, on a specified date, or during a specified period, a specified person was the operator for a specified petroleum activity.
These regulations are administered in the Department of State Growth.
Source text: opening excerpt
Sourced from Tasmanian Legislation Online (legislation.tas.gov.au), CC BY 4.0.
Part 1 Preliminary
Part 1 Preliminary
1 Short title
1 Short title
These regulations may be cited as the Petroleum (Submerged Lands) (Management of Environment) Regulations 2022 .
2 Commencement
2 Commencement
These regulations take effect on 20 June 2022.
3 Object of regulations
3 Object of regulations
The object of these regulations is to ensure that a petroleum activity is carried out –
(a) in a manner that is consistent with the principles of ecologically sustainable development; and
(b) in accordance with an environment plan that incorporates –
(i) appropriate environmental performance objectives and environmental performance standards; and
(ii) measurement criteria for determining if those objectives and standards are met.
4 Interpretation
4 Interpretation
In these regulations, unless the contrary intention appears –
accepted, for an environment plan or a proposed revision of an environment plan, means accepted, in full or in part, by the Minister under regulation 11 ;
Act means the Petroleum (Submerged Lands) Act 1982 ;
environment means –
(a) ecosystems and their constituent parts, including people and communities; and
(b) natural and physical resources; and
(c) the qualities and characteristics of locations, places and areas; and
(d) the heritage value of places –
and includes the social, economic and cultural features of the matters mentioned in paragraphs (a) , , and ;
Create a process for revision, resubmission and periodic review of environment plans: operators must submit proposed revisions before new activities or significant modifications (regulation 23), on change of operator or when new significant impacts arise (regulation 23(2)), on request by the Minister (regulation 24), and at least every five years (regulation 25). The Minister may accept in part, or impose conditions, or require modification (regulation 11(4); regulation 12 sets out notice requirements).
Require immediate notification, written reports and monthly reporting of different classes of incidents arising from petroleum activities: immediate oral notice of incidents causing or likely to cause moderate to significant environmental damage (a “reportable incident”) within 2 hours (regulation 32); a written report within 3 days (regulation 33); and monthly written reports of “recordable incidents” that breach performance objectives or standards but are not reportable incidents (regulation 34).
Require retention of environment plans, revisions, monitoring and audit reports, emissions and discharge records, calibration and maintenance records, and incident-related notices and reports for five years and make them available to the Minister, the Minister’s delegates and inspectors on request (regulations 35-36).
Set an operational limit for produced formation water discharged into the sea, defined by a “specified concentration”, and require operators to ensure discharges do not exceed that concentration unless the Minister gives written consent (regulations 37-38). The regulations also require regular testing and recording of monitoring equipment performance and the production of test results to the Minister on request (regulation 39).
Create administrative obligations about operator appointment, notification and contact details (regulations 41-46), including maintenance of a Ministerial register (regulation 45) and a certificate mechanism for proof of appointment in proceedings (regulation 46).
Give the Minister powers to withdraw acceptance of an environment plan on specified grounds, with pre-withdrawal notice and opportunity to make submissions (regulations 29-31 and 30), and to decline to consider submissions if required information under Division 2 is not provided (regulation 44).
The regulations state their object as ensuring petroleum activities are carried out consistently with the principles of ecologically sustainable development and in accordance with an environment plan that incorporates appropriate objectives, standards and measurement criteria (regulation 3). That object is an express purpose statement; the operational mechanics described above are the binding legal requirements that give effect to that object.
Main concepts
The regulations centre on a small set of repeatable legal concepts that structure responsibilities: environment plan, operator, petroleum activity, environmental performance objectives/standards, implementation strategy, relevant person, reportable/recordable incidents, and produced formation water controls. Each concept has precise functional consequences.
Environment plan (defined by regulation 4): a written plan an operator must submit before starting a petroleum activity (regulation 9). The plan is the core compliance instrument. Acceptance by the Minister is required for lawful operation (regulation 6) and acceptance can be in full, in part, or conditional (regulations 11, 12).
Operator (regulation 4): the person specified in the Minister’s register as the operator (regulation 45), or, if not specified, the person responsible to the petroleum instrument holder for overall management, or if no instrument exists, the person performing the activity. The operator bears primary duties: submitting plans (regulation 9), consulting relevant persons (regulation 14), complying with accepted plans (regulation 7), reporting incidents (regulations 32-34), record keeping (regulation 35) and making records available (regulation 36).
Petroleum activity (regulation 4): an inclusive definition covering operations and works in an offshore area under a petroleum instrument or other authority and any activity relating to exploration or development that may impact the environment. It explicitly includes related activities such as surveys, drilling, construction, operation, modification, decommissioning and transport (regulation 4 definitions).
Environmental performance objectives, standards and measurement criteria (regulation 17): the plan must set goals (objectives), required statements of performance for systems/equipment/procedures (standards) and measurement criteria to determine compliance. These elements are the yardstick for reporting and for defining “recordable incidents” (regulation 34).
Implementation strategy (regulation 19): a mandatory element of the plan requiring systems and procedures to meet objectives/standards, training and competency for personnel, a clear chain of command for implementation/review, monitoring/audit/non-conformance management, and maintenance of quantitative records of emissions and discharges for auditing.
Relevant person (regulation 4): a broad list including Commonwealth, State or Territory government departments or authorities with potentially affected functions, and any person whose functions, interests or activities may be affected; the definition also permits the operator to include any other person they consider has an interest. This makes consultation a substantive, multi-stakeholder duty (regulation 14) and brings with it an obligation to include assessments provided by relevant persons in the consultation report (regulation 22(2)).
Incident taxonomy: “reportable incident” (regulation 32) is an incident in the operator’s view causing or likely to cause moderate to significant environmental damage; immediate oral notice required within 2 hours and a written record thereafter (regulation 32(2)-(3)); a detailed written report must follow within 3 days (regulation 33). “Recordable incident” (regulation 34) is an incident breaching an environmental performance objective or standard but not a reportable incident; operators must report such incidents monthly.
Produced formation water controls (regulations 37-39): a numerical limit is imposed through the defined “specified concentration” and must not be exceeded absent Ministerial written consent subject to constraints and conditions (regulation 38). Operators must test monitoring equipment at regular intervals and keep results (regulation 39).
Interactional drivers are visible: the plan defines the standards; those standards trigger reporting and record-keeping obligations; monitoring and audits feed Ministerial oversight; the Minister has acceptance, refusal, conditional acceptance and withdrawal powers; the operator must consult widely and keep detailed written records. The statutory architecture places operational decision-making and compliance costs on the operator while vesting substantial discretionary oversight and remedial powers in the Minister.
Who it affects
The regulations allocate duties and entitlements across several groups. The effects are concentrated on operators and petroleum instrument holders, but extend to a range of public and private stakeholders.
Operators and petroleum instrument holders. The primary legal and practical obligations fall on operators: they must prepare and submit environment plans (regulation 9), implement them (regulation 19), keep records (regulation 35), report incidents (regulations 32-34), maintain contact details and notify the Minister of appointments and changes (regulations 41-42). Petroleum instrument holders must ensure there is at all times an operator (regulation 41(1)) and must notify the Minister of the operator’s contact details before the first submission (regulation 41(3)). The instrument holder retains duties under the Act (regulation 41(5)). Financially and operationally, the operator bears costs of plan preparation, monitoring, training, audits, incident response and the administrative burden of revisions.
The Minister (and delegates). The Minister is the decision-maker for acceptance/refusal of environment plans (regulations 10-12), for requests to revise plans (regulation 24), for giving written consents to carry out activities contrary to plans (regulation 7(2)-(3)) and to consent to exceed certain discharge limits (regulation 38(3)-(5)). The Minister maintains the operator register (regulation 45) and may withdraw acceptance of a plan (regulations 29-31). Delegates and inspectors have rights to obtain records (regulation 36(2)(b)-(c)). The Minister’s discretion plays a central role in permitting, restricting and enforcing operations.
Relevant persons and consultation participants. “Relevant person” is broadly defined to include Commonwealth, State and Territory departments and agencies, State authorities, and any person whose functions, interests or activities may be affected (regulation 4). The operator must consult each relevant person (regulation 14) and include in the plan a consultation report with full text of assessments provided by relevant persons, the operator’s opinion and proposed responses (regulation 22(2)). This creates participatory obligations and the potential for third-party inputs to shape content and for those parties’ assessments to be part of the documented record.
Inspectors and enforcement officials. Inspectors can request and receive records under regulation 36 and have enforcement powers to act under the Act and the regulations. The regulations specify record retention, availability and production of test results (regulations 35-36, 39).
Communities and persons with potential interests. The plan summary may be made publicly known by the Minister or provided on request (regulation 13(3)). The consultation duties require operators to provide sufficient information and time for relevant persons to assess consequences (regulation 14). Those with local or commercial interests who fall within the operator’s view of “relevant person” may thereby obtain formal standing in the consultation record.
Contractors, employees and service providers. The implementation strategy must ensure that each employee or contractor is aware of responsibilities and has appropriate competencies and training (regulation 19(2)(a)(ii)). This converts regulatory obligations into operational requirements for personnel training, competency assessments and contractor management.
Who pays: the regulations place preparation, monitoring, reporting, contingency planning and record-keeping costs on operators and, indirectly, on petroleum instrument holders (regulation 41). Who decides: the Minister has decisive powers over acceptance, conditional acceptance, withdrawal, consent and register entries. Who benefits or is affected: government authorities and potentially affected persons gain procedural information and consultation rights; the environment and public interest are the stated objects (regulation 3), but the immediate legal effects are administrative and compliance burdens on the operator.
Key duties and rights
This section maps the principal duties imposed on operators and the rights or discretions given to the Minister and other actors, with cross-references to the specific provisions.
Operator duties
Do not commence or carry out a petroleum activity without an accepted environment plan (regulations 6 and 9). The plan must be submitted prior to commencement (regulation 9(1)).
Carry out the petroleum activity in accordance with the environment plan and any limitations or conditions imposed under the regulations, unless the Minister provides written consent to proceed contrary to the plan because there are reasonable grounds the change will not result in a significant new environmental impact or risk (regulations 7(1)-(3)).
Cease operations if a significant new environmental impact or significant increase in existing impact arises and that impact is not provided for in the environment plan, unless the new impact is provided for in the plan or a proposed revision is submitted and not rejected (regulation 8). This produces an immediate operational duty linked to unforeseen impacts.
Prepare an environment plan that contains the mandatory elements in Division 4: description of activity (regulation 15), description of environment and evaluation of impacts and risks (regulation 16), environmental performance objectives/standards/measurement criteria (regulation 17), requirements relevant to environmental management (regulation 18), implementation strategy including monitoring and audit and detailed chain of command (regulation 19), oil spill contingency plan and testing regime (regulation 20), recording and reporting arrangements (regulation 21), and other required information such as corporate environmental policy and a consultation report (regulation 22).
Consult with each relevant person, provide information sufficient for informed assessment, and allow a reasonable time for assessment (regulation 14). Include assessments received from relevant persons and the operator’s response in the consultation report (regulation 22(2)).
Submit proposed revisions before commencing new activities not provided for in the plan or before significant modifications or stages (regulation 23). Submit revisions on change of operator, occurrence of new significant impacts, or when a series of impacts together amount to significant (regulation 23(2)). Submit revisions at least every five years (regulation 25). Comply with Ministerial requests for revision (regulation 24).
Notify and report incidents: immediate oral notice of reportable incidents within 2 hours, followed by written record (regulation 32); detailed written report within 3 days (regulation 33); monthly written reports for recordable incidents by the 15th day after the end of the relevant calendar month (regulation 34).
Store and maintain environment plans, revisions, monitoring/audit/review reports, emissions records, calibration and maintenance records, and incident notices/reports for five years and make them retrievable (regulation 35); make copies available to the Minister, the Minister’s delegates and inspectors on request (regulation 36).
Ensure produced formation water discharged to the sea does not exceed the specified concentration (regulation 38(1)) and maintain monitoring equipment performance via accepted tests at regular intervals with records (regulation 39).
Ministerial powers and duties
Decide within 30 days to accept, refuse or notify the operator that a decision cannot be made within 30 days and set a timetable (regulation 10(1)). A failure to comply with the 30-day rule does not invalidate the decision (regulation 10(2)).
Accept an environment plan when there are reasonable grounds that the plan is appropriate for the nature and scale of the activity, reduces impacts and risks to as low as reasonably practicable, results in acceptable levels of impacts and risks, provides appropriate objectives/standards/measurement criteria, includes appropriate implementation and monitoring arrangements, demonstrates required consultations and measures adopted because of consultation, and complies with the Act (regulation 11(1)).
Where not satisfied, require modification and resubmission within a reasonable time and refuse if the resubmitted plan still fails to meet criteria; nonetheless may accept parts of the plan or accept subject to limitations/conditions (regulation 11(2)-(4)).
Give written notice of decisions with reasons and the terms of any limitations or conditions (regulation 12).
Require revisions, giving written requests specifying matters to be addressed, grounds and proposed date of effect; consider operator submissions; and impose or vary the request as appropriate (regulation 24).
Withdraw acceptance of a plan on grounds specified (non-compliance with Act or relevant regulations; failure to comply with regulations 7, 8, 23, 24, 25; Minister refused to accept a proposed revision) after giving at least 30 days’ notice and allowing submissions to be made and considered (regulations 29-30). Withdrawal may occur even if no conviction has taken place (regulation 31).
Consent in writing to exceed the specified concentration for produced formation water only when satisfied that there will be no significant new or increased environmental impact or risk and subject to limits (regulation 38(5)).
Rights and procedural protections
Operators may submit written submissions objecting to a Ministerial request for revision and the Minister must consider and notify decisions about those submissions (regulation 24(3)-(5)).
Where the Minister proposes to withdraw acceptance, operators (and others to whom a copy of the notice has been given) are entitled to at least 30 days’ written notice and an opportunity to make submissions before the withdrawal is final (regulation 30).
Operators have a right to be given reasons for refusals or conditional acceptances (regulation 12(2)(a)).
The Minister may publish or make available the plan summary after acceptance, subject to the Minister’s satisfaction with the summary (regulation 13(3)).
Operational consequences of duties and rights
An operator’s decision to proceed with activities contrary to an accepted plan requires prior written Ministerial consent where there are reasonable grounds it will not cause significant new impacts (regulation 7(2)-(3)). Absent consent, proceeding contrary to the plan is an offence (regulation 7(1)).
If a proposed revision is not accepted, the existing accepted plan remains in force (regulation 28). However, if a significant new impact arises and no accepted revision exists, operations must not continue (regulation 8).
Penalties attach to failures to submit plans before commencing activities (regulation 6), to breaches of plan obligations (regulation 7), failures to stop operations when significant unprovided-for impacts occur (regulation 8), and to failure to notify/report incidents and maintain records (regulations 32-35). The Minister may withdraw plan acceptance and enforcement may proceed under the Act (regulations 29-31).
Penalties and enforcement
The regulations set out a mixture of criminal (penalty unit) sanctions, administrative enforcement mechanisms, and information-collection powers that together form the enforcement regime.
Monetary penalties (by offence and maximum penalty)
Carrying out a petroleum activity without an accepted environment plan (regulation 6): fine not exceeding 80 penalty units.
Carrying out a petroleum activity in a way contrary to the environment plan or applicable limitations or conditions (regulation 7(1)): fine not exceeding 80 penalty units.
Continuing operations after the occurrence of any significant new environmental impact or risk (or significant increase in an existing impact or risk) where not provided for in the environment plan and no acceptable revision has been submitted and not rejected (regulation 8): fine not exceeding 80 penalty units.
Failure to notify the Minister of a reportable incident causing or likely to cause moderate to significant environmental damage (regulation 32(1)): fine not exceeding 40 penalty units. The regulation requires oral notice within 2 hours and a later written record.
Failure to provide the written report of a reportable incident (regulation 33(1)): fine not exceeding 40 penalty units.
Failure to provide monthly written reports of recordable incidents (regulation 34(2)-(3)): fine not exceeding 40 penalty units.
Failure to store and maintain required documents and records for five years and to make retrieval reasonably practicable (regulation 35(1)): fine not exceeding 30 penalty units.
Failure to make available copies of documents and records to the Minister, delegate or inspector on request (regulation 36(1)): fine not exceeding 30 penalty units.
Failure to ensure the specified concentration in produced formation water discharged to sea is not exceeded (regulation 38(1)): fine not exceeding 40 penalty units.
Failure to produce results of tests of monitoring equipment on request of the Minister (regulation 39(2)): fine not exceeding 40 penalty units.
Failure to provide notices and contact details in relation to operators, agents and contact information as required under regulation 42 attracts a fine not exceeding 40 penalty units (regulation 42(3) penalty).
Administrative enforcement powers and mechanisms
Ministerial acceptance and withdrawal. The Minister can refuse to accept an environment plan (regulation 11(3)) and can withdraw acceptance on listed grounds (regulation 29). The Minister must give notice and take certain steps before withdrawal (regulation 30), but may withdraw acceptance even without a criminal conviction for the underlying non-compliance (regulation 31(1)). Withdrawal of acceptance can have the direct administrative effect of rendering ongoing operations non-compliant if no alternative accepted plan is in force.
Conditions and partial acceptance. The Minister may accept a plan in part or subject to limitations or conditions (regulation 11(4); regulation 12(1)(d)), thereby shaping operations administratively rather than through direct prosecution.
Information-gathering and inspection. The Minister, the Minister’s delegates and inspectors can request and obtain documents and records (regulation 36). The Minister may also request performance test results for monitoring equipment (regulation 39).
Minister’s discretion to decline submissions. If required information under Division 2 (operator contact details etc.) is not provided, the Minister may decline to consider an operator’s submission under the regulations until information is given (regulation 44). That power can act as an administrative block to consideration of plans or revisions.
Enforcement dynamics and evidentiary aids
The regulations include an evidentiary device: in proceedings a certificate signed by the Minister certifying a person’s appointment as operator is admissible evidence and may be received without proof (regulation 46). This streamlines proof of legal responsibility in enforcement proceedings.
The regulations require record keeping (regulation 35) and make such records available to enforcement officials (regulation 36). These obligations create a paper trail for compliance assessment and prosecution.
The combination of immediate-stop obligations (regulation 8) and reporting obligations (regulations 32-34) imposes quick operational response requirements; failure to meet them carries distinct fines and may expose operators to further sanctions under the Act.
Limits on penalties described in the regulations
Penalties are expressed as maximum fines in penalty units. The regulations do not specify the monetary value of a penalty unit; that value is determined by separate legislative instruments and therefore not set out here. The reader should refer to the relevant penalty unit schedule for conversion to dollar amounts.
Enforcement risks created by the regulatory design
Administrative withdrawal of plan acceptance (regulation 29-31), coupled with immediate-stop duties (regulation 8), creates the risk that operations can be effectively suspended without criminal conviction if the Minister determines grounds for withdrawal exist. The operator has procedural rights to be heard; the Minister must take submissions into account (regulation 30(4)), but the withdrawal power is absolute in scope once conditions in regulation 29 are met.
The Minister’s broad discretion to attach limitations and conditions when accepting plans (regulation 11(4)) can create compliance complexity because operators must track both plan obligations and additional Ministerial conditions. The regulations require that notice of such limitations and conditions be provided with reasons (regulation 12(2)), but operational uncertainty can arise where acceptance is partial or conditional.
How it interacts with other laws
The regulations are expressed as instruments under the Petroleum (Submerged Lands) Act 1982 (referred to in the regulations simply as “the Act”) and are drafted to operate within and alongside that Act and other federal and state instruments referred to in the text. The regulations contain multiple cross-links and dependencies.
Direct references and compliance with the Act
The term “Act” is defined to mean the Petroleum (Submerged Lands) Act 1982 (regulation 4). Several provisions explicitly require that the environment plan or implementation strategy comply with the Act (regulation 11(1)(g); regulation 19(4)). Acceptance of plans is therefore constrained by any environmental provisions of the Act and the Act’s broader regulatory architecture.
The Minister’s powers and duties in these regulations are exercised within the Ministerial powers established by the Act, for example acceptance, refusal and withdrawal should be read as complementing the Act’s regime for petroleum instruments and offshore regulation.
Interaction with administrative law and decision-making requirements
The Minister must give written reasons for refusal or conditional acceptance of environment plans (regulation 12(2)(a)), and must provide reasons when withdrawing acceptance (regulation 29(3)) and when responding to submissions on a requested revision (regulation 24(5)(d)). While the regulations do not state procedural fairness in express terms, these written-reason requirements operate as formal administrative decision documentation that would be relevant to any judicial review under general administrative law principles in the Commonwealth.
The regulations allow the Minister to give written notice of inability to decide within 30 days and set out a timetable for consideration (regulation 10(1)(c)). The Minister must still follow the acceptance criteria in regulation 11.
References to other statutes and instruments
Relevant person includes a State authority as defined in the State Service Act 2000 (regulation 4). The definition incorporates cross-jurisdictional government bodies into consultation duties.
Statutory holiday definition used in regulation 36(5)(b) refers to the Statutory Holidays Act 2000, thereby borrowing that Act’s definitions for scheduling record availability.
The regulations require an operator to notify the Minister of contact details and maintain an address, facsimile or email “within Australia” (regulation 42(3)), thereby interacting with jurisdictional requirements for service and communications.
Plans, conditions and other regulatory instruments
The Minister may accept environment plans in part for a particular stage of activity and may impose limitations and conditions on operations associated with the plan (regulation 11(4); regulation 12(1)(c)-(d)). Such conditions will interact with the operational authorisations granted under the Act (for example permits, licences, leases, pipeline licences and access authorities defined as “petroleum instrument” in regulation 4).
The regulations require compliance with relevant legislative and other controls when setting environmental performance objectives and standards (regulation 17(4)(a)). This ties the plan’s content to obligations that may exist under other environmental or safety laws.
Inspection, evidence and enforcement
The Minister’s delegates and inspectors under the Act (regulation 36(2)(b)-(c)) are given access rights to records. Evidence provisions in regulation 46 permit the Minister’s certificate (produced from the Minister’s register under regulation 45) to be used in proceedings without separate proof, simplifying enforcement under the regulations and the Act.
Administrative sequencing and blocking effects
Regulation 44 permits the Minister to decline to consider a submission under the regulations if the petroleum instrument holder or operator has not provided the information required by Division 2. This creates a procedural block that links the administrative requirements under this instrument to the Minister’s processing of other applications or submissions under the regulatory regime.
No express override clauses or conflict resolution mechanisms
The regulations repeatedly require plans and strategies to “comply with the Act” (regulations 11(1)(g) and 19(4)). They do not include express conflict-of-laws or overriding clauses addressing possible inconsistency between these regulations and state environmental laws or other Commonwealth instruments. In practice, operators must ensure plans account for overlapping legal obligations.
Overall interaction
These regulations function as a detailed, plan-based regulatory overlay on top of the substantive permissions regime in the Act. They connect the Minister’s oversight, administrative powers and enforcement tools under the Act to detailed operational requirements for environmental management, and they make the content of plans and monitoring data subject to ministerial review and inspection. The architecture places the environment plan at the centre of multi-actor regulatory interactions involving government agencies, third-party consultees and enforcement officials.
Amendment history
The source text supplied includes the instrument’s short title, commencement date and notification details but contains no subsequent amendment history text. According to the instrument itself:
Title and commencement: The regulations may be cited as the Petroleum (Submerged Lands) (Management of Environment) Regulations 2022 and commence on 20 June 2022 (regulations 1-2; “Notified in the Gazette on 8 June 2022”).
No amendment entries are contained in the provided text. The instrument displays and numbers its provisions in accordance with the Rules Publication Act 1953 and states it is administered in the Department of State Growth.
What the text does and does not show about amendments
The instrument includes no schedules or transitional provisions in the provided excerpt.
The provided source does not list any subsequent amending instrument, repeal provision, or historical notes of past amendments. Therefore, within the textual record provided, there is no evidence of amendment, repeal, or further regulatory change after the commencement date in June 2022.
Because penalty unit monetary values and cross-referenced statutory terms (for example, definitions in the Act or values for penalty units) are not recited in the provided text, any change to those external measures or to the Act that post-dates these regulations could alter the practical import of particular provisions without an amendment to the regulations themselves.
Practical implications for users
Practitioners relying on this instrument should verify the current status of the regulations, including any post-commencement amendments, by checking the official consolidated version maintained by the relevant legislation publication service or the Australian Government Gazette. The absence of amendment history in the supplied text means this deep dive treats the instrument as presented at commencement in June 2022.
When advising clients, confirm that cross-referenced instruments (the Act, State Service Act, Statutory Holidays Act and any penalty unit determinations) have not been amended in ways that affect interpretation or enforcement of these regulations.
Litigation history
The supplied legislation text contains no case law, judicial references, or litigation history. The instrument does not name or cite any judicial decisions, and there are no enforcement outcomes recorded within the text.
Implications of an absence of litigation history in the source
The regulations are the primary source of law here; absent court decisions interpreting key terms (for example, “significant”, “as low as reasonably practicable”, or the limits attached to produced formation water consents), operators and advisers must rely on the plain text and any relevant administrative guidance issued by the Minister or the administering department.
The regulations create several discretionary standards , notably the Minister’s acceptance criteria (regulation 11) and the test for written consents that changes not to cause “significant new environmental impact or risk” (regulations 7(3) and 38(5)(a)). Without reported judicial interpretation in the supplied text, those standards remain administratively defined and will be shaped by Ministerial practice and later case law outside this instrument.
The evidentiary provision for the Minister’s certificate (regulation 46) and the record-keeping and reporting obligations (regulations 35-36, 32-34) are likely to feature in any future enforcement litigation. However, the provided text does not report any such litigation or precedent.
What to do in practice
Where statutory language is potentially ambiguous, and no judicial gloss is in the instrument, practitioners should seek and document Ministerial guidance, administrative policy, or agency practice statements. They should also structure plans and submissions to align with the criteria expressly enumerated in the regulations (regulation 11).
Keep contemporaneous records of consultations, tests, monitoring, and incident responses because these records are the statutory compliance evidence in the absence of litigation guidance (regulations 35-36, 39, 32-34).
Gotchas
The regulations contain several drafting and operational features that create practical risks and points that warrant close attention in compliance work. The following items highlight concrete pitfalls directly traceable to the text.
Specified concentration units inconsistency
Regulation 37 defines “specified concentration” as “a concentration of petroleum in produced formation water that is not greater than an average of 30ml/L over any period of 24 hours.” Regulation 38(5)(b)(i) refers to a concentration “that is not greater than 0.5ML over any period of 24 hours.” The use of “30ml/L” in the definition and “0.5ML” (capitalised ML, which conventionally denotes megalitres) in the consent limits appears inconsistent. The source text presents both formulations. This creates a drafting ambiguity that affects the substantive discharge limit and the scope of permissible Ministerial consents. Practitioners should treat this as a drafting inconsistency requiring clarification from the administering department or Minister before relying on the numeric limits.
Immediate-stop duty tied to acceptance and revision mechanics
Regulation 8 requires an operator to stop carrying out the petroleum activity after the occurrence of any significant new environmental impact or risk, or significant increase in an existing environmental impact or risk, unless either (a) the impact/risk is provided for in the environment plan or (b) the operator has submitted a proposed revision and the Minister has not rejected it under Division 5. The combination of the stop duty and the resubmission/acceptance process creates operational risk: submitting a proposed revision does not guarantee acceptance; if the Minister subsequently refuses, the operator could be left unable to resume the activity until a compliant revision is accepted. The regulation does not provide a time limit between submission and Ministerial decision that prevents operational downtime beyond the Minister’s administrative timetable.
Broad and procedural consultation duties
Regulation 14 requires consultation with each “relevant person” and provision of “sufficient information” and “reasonable time” for assessment. The definition of “relevant person” in regulation 4 is broad and includes government agencies and any person the operator considers has an interest. Because assessments provided by relevant persons must be included in the consultation report (regulation 22(2)(a)) and the operator must state responses and opinions (regulation 22(2)(c)-(d)), operators may find consultation burdensome and open to challenge if any stakeholder claims insufficient information or insufficient time was provided.
Ministerial procedural discretion and administrative blocking
The Minister may decline to consider a submission if required Division 2 information has not been provided (regulation 44). This can act as an administrative veto and could delay acceptance of plans where operators or instrument holders fail to supply up-to-date operator contact details, agent information or other required notices under Division 2 (regulations 41-43). The onus is on operators to ensure registrations and notices are current to avoid processing delays.
Withdrawal of acceptance without conviction
Regulation 31(1) permits the Minister to withdraw acceptance on the ground the operator has not complied with the Act or specified regulations even though the operator has not been convicted. Withdrawal may therefore have immediate operational and commercial consequences independent of criminal proceedings. Operators cannot rely on the absence of conviction to prevent administrative withdrawal.
Timing and acceptance process uncertainty
The Minister must accept or refuse an environment plan within 30 days or provide a notice that a decision cannot be made within 30 days that sets out a proposed timetable (regulation 10). Although a failure to meet the 30-day timeline does not invalidate a decision (regulation 10(2)), the statutory silence about maximum overall decision times may create strategic uncertainty about how long operators must wait and how to sequence activities around conditional or delayed acceptance.
Record retention and availability obligations
Records required by regulation 35 must be kept for five years and be “reasonably practicable” to retrieve. Regulation 36 expands availability obligations to the Minister, delegates and inspectors (and their agents). The statutes require availability in emergencies at any time; otherwise availability during business hours excluding weekends and statutory holidays. Operators must structure their records management and IT systems to ensure timely production and lawful transfer to third-party agents on request.
Testing and audit cadence of oil spill contingency and monitoring equipment
Regulation 20 requires testing of emergency response arrangements when introduced, when significantly amended, when a new location is added, when a facility becomes operational and at least yearly. Regulation 39 requires accepted tests at regular intervals for monitoring equipment performance and recording results. The regulations do not define “accepted test”, “regular intervals”, or “significant amendment”. Those terms leave space for interpretative differences between operators and the Minister and hence compliance risk unless clarified in guidance or practice.
These “gotchas” are not legal conclusions but concrete operational risks or ambiguities that flow directly from how the regulations are drafted. In practice, operators should seek early clarification from the administering department on numeric discharge limits, accepted testing standards, acceptable consultation procedures and Ministerial timelines to reduce regulatory uncertainty.
How to comply
This section sets out a practical checklist keyed to the regulatory provisions. The checklist assumes an operator is preparing to initiate or continue a petroleum activity and aims to translate the regulations’ requirements into actionable steps.
Establish and record operator status and contact details
Ensure there is a designated operator at all times (regulation 41(1)). Notify the Minister in writing of the operator’s contact details before lodging the first submission (regulation 41(3)). If the operator will change, notify the Minister at the earliest practicable opportunity and, if practicable, at least 28 days before the change takes effect (regulation 41(4)).
Maintain and promptly notify the Minister of any appointments of agents or changes of name or contact details within 7 days (regulation 42(1)). Include operator contact details in every submission under Part 2 (regulation 42(2)). Maintain an Australian address and a facsimile or email address for record-request communications (regulation 42(3)(a)-(b)).
Prepare the environment plan in the required form and substance
Submit the environment plan before commencing the activity (regulation 9(1)). The plan must be in writing or an approved form and include the Division 4 content (regulation 9(2)(a)-(b)).
Required components: comprehensive description of the activity and locations (regulation 15); description of the environment and evaluation of impacts/risks including construction, operation and potential emergency conditions (regulation 16); environmental performance objectives, standards and measurement criteria (regulation 17); requirements relevant to environmental management (regulation 18); a detailed implementation strategy addressing systems/practices/procedures, employee/contractor responsibilities and competencies, chain of command, monitoring/audit/non-conformance and maintenance of quantitative emissions/discharge records (regulation 19); an oil spill contingency plan with testing requirements (regulation 20); recording and reporting arrangements sufficient for the Minister to determine compliance with objectives and standards and provisions for reporting at agreed intervals (regulation 21); a corporate environmental policy, consultation report with full assessments from relevant persons and operator responses, and details of any reportable incidents (regulation 22).
Plan and execute consultation
Identify all “relevant persons” (regulation 4) , departments, authorities and persons whose functions, interests or activities may be affected. Provide sufficient information to each relevant person to make an informed assessment and allow a reasonable time for that assessment (regulation 14).
Maintain records of consultations and include in the consultation report the full text of assessments provided, summaries, the operator’s opinion and the operator’s proposed responses (regulation 22(2)(a)-(d)). Be explicit in the plan about how consultation outcomes informed plan measures (regulation 11(1)(f)).
Design implementation and monitoring systems
Establish specific systems, practices and procedures to meet the plan’s environmental performance objectives and standards and to reduce environmental impacts to as low as reasonably practicable (regulation 19(2)(a)(i)-(b)).
Ensure personnel and contractors are trained and competent, and document training and competency assessments (regulation 19(2)(a)(ii)).
Set up a clear chain of command and roles/responsibilities for plan implementation, management and review (regulation 19(2)(c)).
Implement monitoring, audit and non-conformance management systems and maintain quantitative emission/discharge records that are auditable against performance standards (regulation 19(2)(d)).
Oil spill contingency planning and testing
Prepare an oil spill contingency plan as part of the implementation strategy and keep it up to date (regulation 20(1)-(2)). Include emergency response arrangements and test them when introduced, when significantly amended, when adding a new location, when a facility becomes operational and at least annually (regulation 20(3)-(4)).
Incident response and reporting systems
Implement procedures for internal identification and classification of incidents (reportable vs recordable) against the environment plan’s performance objectives and standards (regulations 32-34).
For reportable incidents: be prepared to give oral notice to the Minister as soon as practicable but not later than 2 hours after occurrence or discovery (regulation 32(2)(b)), followed by a written record as soon as practicable (regulation 32(3)). Provide a detailed written report within 3 days (regulation 33(2)).
For recordable incidents: consolidate monthly reporting systems and submit written reports no later than 15 days after the end of the calendar month with the required details (regulation 34(3)).
Produced formation water controls and testing
Design discharge controls to ensure the concentration of petroleum in produced formation water does not exceed the “specified concentration” as defined in regulation 37, unless written consent from the Minister has been obtained (regulation 38(1)-(3)).
Prepare to supply the Minister with details of any significant new or increased environmental impact or risk associated with any proposed consent to exceed the specified concentration (regulation 38(4)).
Conduct accepted tests at regular intervals to assess monitoring equipment performance and record the results; be prepared to produce test results on request (regulation 39).
Record-keeping, storage and availability
Store and maintain environment plans, revisions, monitoring/audit/review reports, emissions/discharge records, calibration and maintenance records, and copies of incident notices and reports for five years in a manner that allows reasonably practicable retrieval (regulation 35(1)-(2)).
Make records available to the Minister, the Minister’s delegate and inspectors on written request; be prepared to provide copies to agents if requested and to make records available at the operator’s notified address or another agreed place (regulation 36(2)-(6)). Ensure electronic records can be printed or provided electronically if agreed (regulation 36(7)).
Submission, acceptance and revision scheduling
Submit the environment plan to the Minister and be prepared for a 30-day initial decision window (regulation 10(1)). If the Minister requests modifications, respond within the reasonable time allowed (regulation 11(2)). If refused, the Minister must provide reasons and may accept the plan in part or impose conditions (regulations 11-12).
Submit proposed revisions before new activities not provided for in the plan or before significant modifications or stages (regulation 23). Submit revisions after change of operator or occurrence of significant new impacts as required (regulation 23(2)). Submit revisions at least every five years; plan for the 14-day timing requirement before the end of each five-year period (regulation 25).
Prepare for Ministerial requests and potential withdrawal
If the Minister requests a revision, respond within 21 days (or a longer period if approved) with reasons why a revision should not occur or should take different form (regulation 24(3)-(4)). Keep records of submissions and Ministerial responses.
In case of proposed withdrawal of acceptance, ensure steps are taken to remedy grounds for withdrawal and be prepared to make submissions within the specified notice period (regulation 30). Document remedial actions taken to remove grounds for withdrawal (regulation 30(4)(a)).
Administrative housekeeping and compliance testing
Maintain the register entries, ensure the Minister’s register contains accurate operator information (regulation 45). Use the certificate provision (regulation 46) as a backstop for proving operator appointment in any proceedings.
Regularly review compliance against the plan’s environmental performance standards and measurement criteria, and maintain supporting audit trails to demonstrate that impacts and risks are reduced to as low as reasonably practicable as required by regulation 11(1)(b).
Seek clarification for ambiguities and adopt conservative approaches where necessary
Where the regulations contain unclear terms (for example “accepted test”, “regular intervals”, “significant” and the numeric discharge inconsistency), seek formal clarification from the administering department or the Minister. Until clarified, adopt conservative operational and monitoring thresholds, and document the rationale for selected compliance measures.
This checklist maps the regulations’ textual requirements into operational steps. Each step references the relevant regulation to enable cross-checking and granular compliance planning.
environmental impact means any change to the environment, whether adverse or beneficial, that wholly or partially results from a petroleum activity of an operator;
environmental performance means the extent to which environmental performance objectives and environmental performance standards are being met;
environmental performance objectives has the meaning it has in regulation 17(2) ;
environmental performance standards has the meaning it has in regulation 17(3) ;
environment plan means an environment plan submitted by an operator under regulation 9 ;
facility includes a structure or installation of any kind;
implementation strategy, for a petroleum activity, means the implementation strategy that is, in accordance with regulation 19(1) , part of the environment plan for the activity;
operator, for a petroleum activity, means –
(a) the person specified in the register, maintained by the Minister under regulation 45 , as the operator of the petroleum activity; or
(b) if there is no such person specified in that register and a petroleum instrument is granted in respect of the activity, the person responsible to the petroleum instrument holder for the overall management of the petroleum activity (whether or not operations have commenced); or
(c) if there is no such person specified in that register and a petroleum instrument is not granted in respect of the activity, the person responsible for performing the petroleum activity;
petroleum activity means –
(a) any operations or works in an offshore area carried out under a petroleum instrument, other authority or consent under the Act or the regulations; and
(b) any activity relating to petroleum exploration or development which may have an impact on the environment –
and includes any related operations, works or activity;
petroleum instrument includes –
(a) a permit; and
(b) a lease; and
(c) a licence; and
(d) a pipeline licence; and
(e) an access authority; and
(f) a special prospecting authority; and
(g) any other authority granted by an instrument under the Act for the carrying out of a petroleum activity;
petroleum instrument holder includes –
(a) a permittee; and
(b) a lessee; and
(c) a licensee; and
(d) a pipeline licensee; and
(e) the registered holder of an access authority for a petroleum activity; and
(f) the registered holder of a special prospecting authority for a petroleum activity; and
(g) any other registered holder of a petroleum instrument for a petroleum activity;
produced formation water means natural aqueous fluid, recovered from a reservoir involving petroleum, in association with the petroleum;
related activity means one or more of the following activities:
(a) seismic or other surveys;
(b) drilling;
(c) construction and installation of a facility;
(d) operation of a facility;
(e) significant modification of a facility;
(f) decommissioning, dismantling or removing a facility;
(g) construction and installation of a pipeline;
(h) operation of a pipeline;
(i) significant modification of a pipeline;
(j) decommissioning, dismantling or removing a pipeline;
(k) storage, processing or transport of petroleum;
relevant person, in relation to an environment plan or a revised environment plan, means –
(a) each Government department, or State authority, as defined in the State Service Act 2000 , to which the petroleum activities to be carried out under the environment plan or revised environment plan may be relevant; and
(b) each Department or agency of the Commonwealth, or another State or a Territory, to which the petroleum activities to be carried out under the environment plan or revised environment plan may be relevant; and
(c) each person whose functions, interests or activities may be affected by the petroleum activities to be carried out under the environment plan or revised environment plan; and
(d) any other person that the operator, for the petroleum activity, considers has an interest in the petroleum activities to be carried out under the environment plan or revised environment plan;
reportable incident, for an operator, means an incident that is the subject of a notice given by the operator under regulation 32(1) ;
revise, for an environment plan, includes extend or modify.
5 Refences to petroleum activity
5 Refences to petroleum activity
A reference in these regulations to a petroleum activity includes, where the context permits, a reference to –
(a) a proposed petroleum activity; and
(b) a stage of a petroleum activity.
Part 2 Environment Plans
Part 2 Environment Plans
Division 1 Requirement for environment plan
Division 1 Requirement for environment plan
6 Environment plan required for petroleum activity
6 Environment plan required for petroleum activity
(1) An operator must not carry out a petroleum activity unless there is an environment plan, that has been accepted under regulation 11 , for the activity.
Penalty: Fine not exceeding 80 penalty units.
(2) Nothing in this regulation affects any other requirement under the Act in respect of an activity.
7 Operators must comply with environment plan
7 Operators must comply with environment plan
(1) An operator must not carry out a petroleum activity in a way that is contrary to –
(a) the environment plan for the petroleum activity; or
(b) any limitation or condition, imposed under these regulations, applying to operations for the petroleum activity.
Penalty: Fine not exceeding 80 penalty units.
(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 may only give written consent under subregulation (2) if there are reasonable grounds for believing that the way in which the petroleum activity is to be carried out will not result in the occurrence of any significant new environmental impact or risk, or significant increase in any existing environmental impact or risk.
8 Operations must not continue if new or increased environmental impact or risk identified
8 Operations must not continue if new or increased environmental impact or risk identified
An operator must not carry out a petroleum activity after the occurrence of any significant new environmental impact or risk, or significant increase in an existing environmental impact or risk, arising from the activity unless –
(a) the new impact or risk, or increase in the impact or risk, is provided for in the environment plan for the activity; or
(b) as soon as practicable after the occurrence, the operator has submitted a proposed revision of the environment plan and the Minister has not rejected it under Division 5 .
Penalty: Fine not exceeding 80 penalty units.
Division 2 Submission and acceptance of environment plan
Division 2 Submission and acceptance of environment plan
9 Operators must submit environment plan
9 Operators must submit environment plan
(1) An operator must submit an environment plan for a petroleum activity to the Minister before the operator commences the activity.
(2) The environment plan –
(a) must be in writing or an approved form; and
(b) must include the information that is specified in Division 4 in respect of an environment plan; and
(c) may be submitted for one or more stages of the petroleum activity, if the operator and the Minister so agree; and
(d) may relate to a specified petroleum activity in one or more identified locations specified in the plan, if the Minister so approves.
10 Time limit for accepting, or not accepting, environment plan
10 Time limit for accepting, or not accepting, environment plan
(1) Within 30 days after an operator submits an environment plan to the Minister under regulation 9(1) , the Minister is to –
(a) accept the plan under regulation 11 ; or
(b) refuse to accept the plan under regulation 11 ; or
(c) give notice in writing to the operator –
(i) stating that the Minister is unable to make a decision about the plan within 30 days; and
(ii) setting out a proposed timetable for consideration of the plan.
(2) A decision by the Minister to accept, or refuse to accept, an environment plan is not invalid only because the Minister did not comply with subregulation (1) in respect of 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 Acceptance of environment plan
11 Acceptance of environment plan
(1) The Minister must accept an environment plan for a petroleum activity if there are reasonable grounds for believing that the plan –
(a) is appropriate for the nature and scale of the petroleum activity or proposed use; and
(b) demonstrates that the environmental impacts and risks in respect of the petroleum activity will be reduced to as low as reasonably practicable; and
(c) demonstrates that the environmental impacts and risks in respect of the petroleum activity will be of an acceptable level; and
(d) provides for appropriate environmental performance objectives, environmental performance standards and other measurement criteria; and
(e) includes an appropriate implementation strategy and monitoring, recording and reporting arrangements; and
(f) for the requirement mentioned in regulation 22(1)(b) , demonstrates that –
(i) the operator has carried out the consultations required under regulation 14 ; and
(ii) the measures, if any, that the operator has adopted, or proposes to adopt, because of the consultations are appropriate; and
(g) complies with the Act.
(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 period of time to modify and resubmit the plan.
(3) If an environment plan is resubmitted to the Minister as referred to in subregulation (2) and the Minister is still not reasonably satisfied that the plan meets the criteria set out in subregulation (1) , the Minister must refuse to accept the plan.
(4) Despite subregulation (3) , the Minister may do either or both of the following:
(a) accept the plan in part for a particular stage of the petroleum activity;
(b) accept the plan, or part of the plan, subject to certain limitations or conditions, imposed by the Minister, applying to operations for the petroleum activity.
12 Notice of Minister’s decision
12 Notice of Minister’s decision
(1) If an operator submits an environment plan under regulation 9 , the Minister must give the operator notice in writing of a decision by the Minister under regulation 11 –
(a) to accept the environment plan in full; or
(b) to refuse to accept the environment plan; or
(c) to accept the environment plan in part for a particular stage of the petroleum activity to be performed under the plan; or
(d) to accept the environment plan, in full or in part, subject to the imposition of limitations or conditions applying to operations for the petroleum activity to be performed under the plan.
(2) The written notice of a decision by the Minister under subregulation (1)(b) , (c) or (d) must set out –
(a) the terms of the Minister's decision and the reasons for it; and
(b) if limitations or conditions are to apply to operations for the petroleum activity to be performed under the plan, those limitations or conditions.
13 Operators to submit summary of environment plan
13 Operators to submit summary of environment plan
(1) Within 10 days after receiving written notice of the acceptance of an environment plan under regulation 12(1)(a) , the operator must submit to the Minister a summary of the environment plan in accordance with subregulation (2) .
(2) A summary of an environment plan for a petroleum activity –
(a) must include the following information from the environment plan:
(i) the coordinates of the petroleum activity;
(ii) a description of the receiving environment;
(iii) a description of the petroleum activity;
(iv) details of major environmental hazards and controls;
(v) a summary of the operator's management approach;
(vi) details of consultation already undert
This is an opening excerpt, not the complete document.