Part 4Regulations

Part 4—Regulations 151—Regulations (1) The Governor may make regulations not inconsistent with this Act prescribing all matters that by this Act are required or permitted to be prescribed or are necessary or convenient to be prescribed for carrying out or giving effect to this Act. (2) In particular, but without limiting the generality of subsection (1), the regulations may prescribe and provide for the payment and recovery of fees (and provide for the waiver or refund of fees or parts of fees in specified circumstances) and may, in addition, make provision for securing, regulating, controlling or restricting all or any of the following matters: (a) the exploration for petroleum and the carrying on of operations and the execution of works for that purpose; and (b) the recovery of petroleum and the carrying on of operations and the execution of works for that purpose; and (c) conserving and preventing the waste of the natural resources, whether petroleum or otherwise, of the adjacent area; and (d) the construction and operation of pipelines, water lines, secondary lines, pumping stations, tank stations or valve stations and the carrying on of operations, and the execution of works, for any of those purposes; and (e) the construction, erection, maintenance, operation or use of installations or equipment; and (f) the control of the flow or discharge, and the prevention of the escape, of petroleum, water or drilling fluid, or a mixture of water or drilling fluid with petroleum or any other matter; and (g) the clean-up or other remedying of the effects of the escape of petroleum; and (h) the prevention of damage to petroleum-bearing strata in an area, whether in the adjacent area or not, in respect of which a permit, lease or licence is not in force; and (i) the keeping separate of— (i) each petroleum pool discovered in a permit area, lease area or licence area; and (ii) each source of water discovered in a permit area, lease area or licence area; and (j) the prevention of water or other matter from entering a petroleum pool through wells; and (k) the prevention of the waste or escape of petroleum or water from a pipeline, water line, secondary line, pumping station, tank station or valve station; and (l) the maintaining in good condition and repair of all structures, equipment and other property in the adjacent area used or intended to be used for or in connection with the exploration for or the exploitation of petroleum in the adjacent area; and (m) the removal from the adjacent area of structures, equipment and other property brought into the adjacent area for or in connection with exploration for or the exploitation of petroleum that are not used or intended to be used in connection with exploration for, or the exploitation of, petroleum in the adjacent area. (2a) The regulations may apply, wholly or partially and with or without modification, regulations in force under an Act of another State, a Territory or the Commonwealth (as in force from time to time or as in force at a particular time) as regulations applying under this Act (and, in so applying such regulations, may provide for their citation for the purposes of the law of this State). (2aa) The regulations may apply or adopt, wholly or partially and with or without modification, a code, standard, rule or other document prepared or published by a body referred to in the regulation (as in force from time to time or as in force at a particular time). (2ab) Any regulations applying or adopting a regulation, code, standard, rule or other document may contain such incidental, supplementary or transitional provisions as appear to the Governor to be necessary. (2ac) The regulations, or a regulation, code, standard, rule or other document applied or adopted by the regulations, may— (a) refer to or incorporate, wholly or partially and with or without modification, a code, standard, rule or other document prepared or published by a particular body (as in force from time to time or as in force at a particular time); and (b) be of general or limited application; and (c) make different provision according to the persons, things or circumstances to which they are expressed to apply; and (d) provide that any matter or thing is to be determined, dispensed with, regulated or prohibited according to the discretion of the Minister or any other prescribed person or authority. (2ad) If— (a) a regulation, code, standard, rule or other document is applied or adopted by the regulations; or (b) the regulations, or a regulation, code, standard, rule or other document applied or adopted by the regulations, refers to a code, standard, rule or other document prepared or published by a particular body, then— (c) a copy of the regulation, code, standard, rule or other document must be kept available for inspection by members of the public, without charge and during normal office hours, at an office or offices specified by notice in the Gazette; and (d) in any legal proceedings, evidence of the contents of the regulation, code, standard, rule or other document may be given by production of a document purporting to be certified by or on behalf of the Minister as a true copy of the regulation, code, standard, rule or other document. (2b) Regulations under this section may prohibit the doing of an act or thing either unconditionally or subject to conditions, including conditions requiring the grant, as prescribed by the regulations, of the consent or approval of a person specified in the regulations. (3) The regulations may prescribe, in relation to the exploration for, and the exploitation of, the natural resources (being petroleum) of the adjacent area, matters for carrying out or giving effect to the Convention. (4) The regulations may provide, in respect of an offence against the regulations, for the imposition of— (a) a fine not exceeding $10 000; or (b) a fine not exceeding that amount for each day on which the offence occurs.