38Discharges 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.

(3)  Subregulation (1) does not apply to an operator who –

(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.