Work Health and Safety (Petroleum and Geothermal Energy Operations) Regulations 2022

The Regulations define a set of recurring core concepts and technical terms that determine who does what and when. Facility and operation are the basic spatial and activity units: facility means a geothermal energy facility or a petroleum facility and includes fixtures and plant at the place (reg 4), while operation covers the geothermal or petroleum operation as defined (regs 4, 5-6). The instrument applies to workplaces that are facilities (reg 3).

Safety case is a central statutory concept. It is defined broadly as a document setting out the safety case for an operation and, where applicable, includes revised versions (reg 26). The safety case must contain: an operation description; a formal safety assessment identifying hazards with the potential to cause a major accident event, their risk analysis, and the identification of safety critical elements; a comprehensive safety management system that sets policies, leading and lagging indicators, auditing procedures, performance standards and training/competence arrangements; and an emergency response plan with evacuation, escape and rescue and fire/explosion analyses (regs 32(1)-(4), 52-53).

Safety critical element is any part of a facility or control measure whose purpose is to prevent or mitigate a major accident event, or whose failure might substantially contribute to one (reg 26). Performance standard is an operator‑established standard used as a basis for managing major accident risk; the safety case must specify applicable performance standards (regs 26, 32(4)(k)).

Validation is an independent written statement required by the regulator in relation to a proposed operation or significant change, addressing design, construction and installation measures and consistency with the formal safety assessment; the validator must meet competence requirements and the operator must demonstrate validators’ independence and access to data (reg 67). Validation is a discrete procedural gate the regulator can require before acceptance (reg 55(1)(c), 62(1)(c)).

Diving concepts run in parallel. DSMS means a diving safety management system and must meet minimum standards set out in regulator guidelines (reg 71-73). An applicable diving project plan must be approved or accepted and limit each diving operation to a size and nature that can be safely supervised by one diving supervisor (regs 82-84). Diving supervisor duties and appointment, qualifications under the Australian Diver Accreditation Scheme and prohibition on supervisors diving while supervising are specified (regs 91-92).

Operator and operator’s representative. Operator is a person registered by the regulator as the operator of a facility (reg 21-23). The operator must ensure an operator’s representative, a natural person with day‑to‑day management and control, is present at the facility at all times when natural persons are engaged in operations (reg 24). The Regulations treat the “person conducting a business or undertaking” in the Act as including the operator (reg 8), which aligns duties under the Act with operator responsibilities in these Regulations.

Notifiable occurrence and immediate notification: the instrument defines notifiable occurrences to include events that could reasonably have caused death or serious injury, failure or defect of a safety critical element, significant defects to primary petroleum containment, well kicks, emergency response implementation and certain diving incidents (reg 99). Operators must notify the regulator immediately by fastest means and keep records for at least 5 years (reg 100).

Dangerous goods and placarding: the Regulations adopt the ADG Code for classification and labelling (reg 126, reg 4 for ADG Code definition and reg 7 for Australian Standards references). Operators of dangerous goods sites that exceed placarding or manifest quantities must display HAZCHEM and other placards (regs 134-136, Sch. 5) and maintain a manifest and site plan (reg 141, Sch. 4). The Regulations set placarding and manifest thresholds in Schedule 3 and detailed placard formats in Schedule 5.

Hierarchy of control measures tracks the Act’s duty to manage risk: the Regulations require elimination so far as reasonably practicable and specify a hierarchy , substitution, isolation and engineering controls first; if risk remains, administrative controls; and if risk remains, personal protective equipment (reg 109-110). The Regulations require maintenance and review of controls (regs 111-112).

Recordkeeping thresholds and retention: safety cases and audit reports must be kept for 5 years (reg 50); diving operations records and divers’ log books have binding format and retention (regs 97-98); carcinogen exposure worker registers and authorisations must be kept for 30 years (reg 153); suppliers must keep supply records for 5 years (reg 144(3)-(4)).

Procedural definitions also matter: several regulator timeframes and procedural pauses that toll decision timeframes , requests for further information suspend decision clocks (reg 54(4), 61(4)); the regulator must notify safety case decisions within 90 days (reg 56(1)); revised safety case decisions within 30 days (reg 63(1)); DSMS acceptance decision within 60 days (reg 73(2)).

These definitions and concepts are the scaffolding for the compliance and enforcement mechanics described below and establish the regulated objects, the decision points where the regulator exercises discretion and where operators must allocate resources and record evidence.

The Regulations allocate responsibilities and compliance obligations across a distribution of actors. The primary regulated parties are operators of petroleum and geothermal facilities and persons conducting petroleum/geothermal operations (regs 3, 20-24, 26). A person must not conduct such operations at a facility unless the facility has an operator (reg 20), and operators must register and maintain a presence (reg 21-24). Persons who nominate operators (nominators) , owners, charterers, lessees or title holders , are participants in the nomination/registration process and receive regulator notifications (reg 21).

Diving contractors and divers are directly regulated. A diving contractor must not carry out diving project work unless a DSMS is in force and the contractor must give the DSMS to the operator if an operator exists (reg 71). Diving contractors must prepare diving project plans, consult divers and workers, obtain operator approval or regulator acceptance where no operator exists, and ensure supervisors and competence (regs 82-87, 91-92). Divers are required to hold current qualifications under the Australian Diver Accreditation Scheme and a medical certificate compliant with AS/NZS 2299 (regs 95-96, 68).

Workers and health and safety representatives: workers at facilities and workplaces are within scope of the safety case and DSMS requirements by operation; the Regulations prescribe election processes, training requirements and consultation mechanisms for health and safety representatives (regs 10-16). Health and safety representatives have procedural rights (eg, entry, assistance notices) that must be supported by employer processes (reg 15).

Suppliers and employers of hazardous substances: suppliers of prohibited and restricted carcinogens must obtain evidence of authorisation or exemption from persons to whom they supply certain carcinogens and keep supply records (reg 144). Employers and duty holders who intend to use, handle or store prohibited or restricted carcinogens must apply for regulator authorisation (regs 148-149) and keep 30‑year records of workers likely to be exposed (reg 153). Employers handling dangerous goods must address placarding, manifests, SDS access and emergency equipment (regs 134-142).

Regulator, inspectors, FES and advisory bodies: the regulator (the WHS department) is given decision power (accept/reject safety cases and DSMS, impose conditions, request validation, withdraw acceptances, grant exemptions) and is required to maintain registers (regs 51-56, 67, 73, 77, 154-164). Inspectors receive identity cards with specified content (reg 102). The FES Commissioner and FES Department are engaged in placarding and emergency response guide processes (regs 134-140). The Mining and Petroleum Advisory Committee is given advisory functions to the Minister on petroleum industry WHS matters (reg 173).

Other public and private parties affected include emergency services, local authorities (identified for emergency response planning, reg 46), contractors supplying equipment or validators undertaking validations (reg 67), and third parties authorised to apply for internal or external review as eligible persons (reg 165). The transitional provisions affect operators and persons engaged in operations at commencement by carrying existing safety documents across and providing short transitional nomination and registration windows (Part 6, regs 175-185).

Who pays and who decides: operators and diving contractors bear the direct compliance costs of preparing, submitting and maintaining safety cases, DSMS and project plans, performing analyses and buying/maintaining required equipment, signage and records. The regulator decides on acceptance, conditions, revisions, validations and exemptions (regs 55-56, 62-66, 67, 154-164). Fines and penalties attach to non‑compliance and are typically scaled higher against bodies corporate (eg, fines of $35,000 for body corporates for major breaches such as engaging in operations without safety case, reg 27).

The distribution of obligations is explicit and role‑based: operators and diving contractors have primary duties; nominators, suppliers and medical practitioners (for diving medicals) play enabling roles; regulator and FES provide oversight and acceptance. The Regulations create information asymmetries , operators must demonstrate adequate consultation, training and competence to the regulator, and compliance is demonstrated by documentation, registers and records specified across multiple regs.

The Regulations convert the Act’s general duties into specific, actionable statutory duties and procedural rights for the regulator and regulated entities. Key duties and the corresponding rights and process mechanics are set out below with specific regulatory citations.

Operator and presence duties

• Facility must have an operator before any petroleum or geothermal operation may be conducted (reg 20). Penalties attach ($7,000 individual; $35,000 body corporate).
• Operators must nominate and register by providing specified particulars including ABN/ACN, contact details and an authorised officer with day‑to‑day management authority (reg 21(3)). The regulator must accept if satisfied the nominee will have day‑to‑day management and control; otherwise the regulator must reject and give reasons (reg 22).
• Operators must ensure that a natural person with day‑to‑day management and control (operator’s representative) is present at the facility whenever persons are engaged in operations (reg 24). Failure attracts fines (reg 24(1)).

Safety case duties and rights

• A person must not engage in an operation unless a safety case is in force for that operation (reg 27); safety case in force means regulator acceptance and not suspended (reg 26).
• Safety case content obligations are prescriptive: operation description, formal safety assessment, safety management system and emergency response plan with evacuation and fire/explosion analyses; permit to work system; command structure; worker competence; machinery/equipment fit for use; emergency communications; pipeline procedures; access to safety case for workers, HSRs and regulator (regs 32-49).
• Operators must submit safety cases to the regulator only after conducting evacuation/escape/rescue and fire/explosion risk analyses and agreeing the scope of any validation if required (regs 51-53, 67). The regulator may request further information in writing with a minimum 30‑day period to provide it (reg 54), and such requests toll the decision clock (reg 54(4)).
• The regulator must accept if safety case is appropriate, complies with Subdivisions 3/4, and any requested validations meet criteria (reg 55(1)); if rejected the operator must have reasonable opportunity to change and resubmit (reg 55(2)-(3)). The regulator must notify its decision within 90 days or provide a timetable (reg 56).
• The regulator may impose conditions on accepted safety cases and may consent to carrying out an operation in a manner different to the safety case where no significant new/increased risk is introduced (regs 55(4), 57).

Revision, suspension and withdrawal

• Operators must submit revised safety cases after changes in circumstances, significant changes or at 5‑year intervals (regs 58-60). The regulator may request revisions (reg 59) and must decide on revised cases within 30 days (reg 63). Rejection of revised safety case leaves the prior safety case in force (reg 64).
• The regulator may withdraw acceptance on grounds including non‑compliance with Act or inspector notices and must provide at least 30 days’ notice and consider submissions and remedial actions (regs 65-66).
• Operators or diving contractors may apply for suspension of a safety case or DSMS, and the regulator must decide within prescribed periods (regs 119-123). The regulator may revoke suspensions (reg 124).

Diving duties

• Diving contractors must not carry out diving operations without a DSMS in force; operators must not allow diving unless they have received a DSMS copy (reg 71). DSMS content must meet regulator guidelines and include system for project plans and hazard identification (reg 72).
• DSMS must be submitted 60 days before proposed commencement (reg 73(1)) and regulator must notify acceptance/rejection within 60 days (reg 73(2)). The regulator may impose conditions (reg 73(3)).
• Diving project plans must include risk assessments, emergency response plans, and be limited to the scope superviseable by one diving supervisor (reg 83).
• Diving supervisors must be appointed in writing, be qualified under the Australian Diver Accreditation Scheme and must not engage in diving while supervising (regs 91-92). Supervisors must report specific incidents to the operator during operations (reg 92(1)(c)).

Notification duties

• Operators must immediately notify the regulator of notifiable occurrences by fastest means and keep a record of each notifiable occurrence for at least five years (reg 100). Telephone notification may be followed by written notice within 48 hours if requested (reg 100(4)).

Dangerous goods and hazardous chemicals

• Operators of dangerous goods sites above placarding/manifest thresholds must display HAZCHEM and other placards per Schedules 3 and 5, maintain manifests and dangerous goods site plans and ensure SDSs are accessible (regs 134-141, 142, Schs 3-5).
• Suppliers of prohibited/restricted carcinogens must ensure persons supplied have regulator authorisation or exemption for certain substances, keep supply records for five years (reg 144).
• Employers must not use or direct workers to use prohibited carcinogens without regulator authorisation and must apply for authorisation under reg 148; authorisations may have conditions and may be cancelled (regs 145-151). Authorised persons must provide statements of exposure to workers at end of engagement and keep worker exposure records for 30 years (regs 152-153).

Records and access rights

• Operators must make safety cases available to workers, HSRs and the regulator on request (reg 49). The Regulations specify formats, retention periods and public registers (regs 50-51, 77, 97-98, 141).

Review rights and procedural protections

• Many regulator decisions are reviewable under Part 5 Division 8, with eligible applicants and internal review followed by Tribunal external review (regs 165-172). Internal review timeframes and decision mechanics are prescribed (regs 167-171). The Regulations also specify the procedure for exemption applications and conditions (regs 154-164).

Collectively, duties are written as mandatory prohibitions and positive obligations with specified penalties and procedural steps. Rights include the operator’s ability to seek consents and validations, and procedural protections in the form of review rights and notice requirements when the regulator proposes withdrawal or cancellation.

The Regulations attach monetary penalties and enforcement processes to specific contraventions, and also provide the regulator and inspectors with administrative powers to accept, condition, suspend, withdraw or require revisions to safety documents. Enforcement is both criminal (fines) and administrative (suspension/withdrawal, conditions, requests for information, register actions).

Monetary penalties

• Many contraventions include specified fines, typically with a two‑tier structure , one penalty for individuals and a higher penalty for bodies corporate. Examples include:
  • Failure to have an operator for a facility: $7,000 individual; $35,000 body corporate (reg 20).
  • Unreasonable delay of health and safety representative elections: $4,200 individual; $21,000 body corporate (reg 13).
  • Failure to comply with safety case or engaging in operation without a safety case: $7,000 individual; $35,000 body corporate (regs 27, 29).
  • Failure to make an operator’s representative present: $4,200 individual; $21,000 body corporate (reg 24(1)).
  • Breach of diving restrictions (depth limits, DSMS absence) attract fines ranging from $4,200 to $35,000 depending on the contravener and the breach (regs 71, 90).
  • Failure to notify notifiable occurrences: $4,200 individual; $21,000 body corporate (reg 100(1)).
  • Dangerous goods placarding and manifest non‑compliance carries fines up to $25,000 or $35,000 for serious obligations such as required fire control equipment and availability of emergency response guides (regs 134, 139, 140, 141, 142).

Administrative enforcement tools and processes

• Acceptance and conditions: the regulator accepts, rejects or accepts subject to conditions safety cases, DSMS or diving project plans and may impose conditions (regs 55(4), 73(3), 74(3)). Decisions to impose conditions are reviewable (reg 165).
• Requests for information and tolling: the regulator may request further written information (satisfying notice content and minimum periods) and such requests pause the decision period (regs 54, 61). This gives the regulator a mechanism to require supplementary evidence and extend the assessment period in practice.
• Validation requirements: the regulator may require independent validations for proposed operations or significant changes (reg 67). Validators must meet competence and independence criteria (reg 67(5)-(6)). This gives the regulator a technical gate over design and change processes.
• Suspension and revocation: operators or diving contractors may apply for suspension; the regulator may grant or refuse and must decide within 30 days (subject to extension with agreement) and notify decisions with reasons (regs 119-123). The regulator may revoke suspensions (reg 124).
• Withdrawal of acceptance: the regulator may withdraw acceptance of a safety case or DSMS for non‑compliance with the Act or inspector notices or if a revised safety case is rejected; prior notice of at least 30 days is required and submissions and remedial steps must be considered (regs 65-66, 80-81). Withdrawal is a reviewable decision (reg 165).
• Inspector identification and compliance powers: inspectors are given identity card requirements (reg 102) and can exercise powers under the Act; notices issued by inspectors can be grounds for regulator withdrawal of acceptance (reg 65(1)(a)(ii)). The Regulations thus feed into the Act’s enforcement apparatus.

Review and appeal

• The Regulations list reviewable decisions and eligible persons under regulation 165, then set out the internal review process with prescribed timeframes (application within 28 days, internal reviewer decision within 14 days, reg 167-170) and external Tribunal review (reg 172). Internal review does not stay the decision unless otherwise provided (reg 171). These procedural protections are the statutory route to contest regulator decisions.

Record and register publication

• The regulator must keep and publish registers for operators, DSMSs and safety documents (regs 23, 77); final decisions (eg, exemptions) may require publication on the WHS department website (regs 161, 164). Publication is an enforcement transparency mechanism with reputational effects.

Inter-agency enforcement and FES interface

• For dangerous goods, the FES Commissioner and FES Department have roles in approving alternative placard locations and requiring emergency response guides; operators must share agreed FES emergency response guides with the FES (reg 140). This embeds cross‑agency enforcement and operational coordination.

Consequences and enforcement incentives

• The structure combines criminal fines with administrative leverage (suspension/withdrawal, conditions, public registers). The regulator’s ability to condition acceptance, require validations and withdraw acceptance after notice gives a sequential enforcement pathway: documentation and engagement first, coercive action later. The reviewable decisions list ensures many of the regulator’s discretionary acts are subject to internal and Tribunal review (reg 165), balancing administrative discretion with procedural recourse.

The Regulations are expressly linked to multiple other statutory instruments and technical codes. Interactions occur by reference, by transitional carryover and by coordination with other enforcement agencies.

References and incorporated instruments

• Australian and New Zealand Standards: the Regulations treat references to “AS” and “AS/NZS” as references to Standards Australia and joint Standards Australia/Standards Council of New Zealand standards respectively (reg 7). The diving medical standard requires AS/NZS 2299 compliance for medical certificates (reg 96).
• ADG Code and GHS: dangerous goods classification, packing groups, UN numbers, subsidiary hazard assignment and placarding are governed by the ADG Code as incorporated by regulation 126 and Schedule 5. The GHS (UN Globally Harmonised System) is adopted subject to Schedule 2 modifications (reg 4 and Sch. 2).
• Other petroleum and mines safety instruments: the Regulations explicitly map transitional acceptance of safety cases and DSMSs previously accepted under the Offshore Safety Regulations, PGERA Regulations, Pipelines Regulations and Diving Safety Regulations (Part 6, regs 175-184), ensuring continuity of existing regulatory determinations.
• External Acts listed in confidentiality exception: regulation 104 identifies Acts whose administration or enforcement permits disclosure of confidential information in defined circumstances (eg, Coroners Act 1996, Dangerous Goods Safety Act 2004, Petroleum and Geothermal Energy Resources Act 1967 and others). This enables cross‑agency information sharing when enforcing relevant laws (reg 104).

Cross‑regulatory coordination and overlapping jurisdictions

• Dangerous Goods Safety Act 2004 and FES: regulation 126 and other provisions reference the Chief Dangerous Goods Officer and the Dangerous Goods Safety (Storage and Handling of Non‑explosives) Regulations 2007 in assignment of subsidiary hazard or packing group duties (regs 126, 129-131). The FES Commissioner’s role in approving placard locations and requiring an agreed FES emergency response guide integrates fire and emergency services planning (regs 134, 135, 140).
• Mines safety: the list in reg 104 includes the Mines Safety and Inspection Act 1994 and Work Health and Safety (Mines) Regulations 2022, and the Mining and Petroleum Advisory Committee has functions in advising the Minister on petroleum industry WHS matters while other regulations confer committee functions in mining (reg 173). The instrument therefore sits alongside mining WHS instruments and provides for advisory coordination.
• Commonwealth laws: several definitions and references derive from Commonwealth Acts (eg, ABN/ACN, the Criminal Code for computer‑related intrusion, and the Offshore/submerged lands Acts referenced in definitions and transitional provisions). Validation and security provisions must be compatible with Commonwealth criminal provisions where relevant (reg 26).

Procedural interplay and decision sequencing

• The Regulations require operators and contractors to align procedural sequences with other statutory requirements: safety case submission cannot occur before necessary evacuation and fire analyses are completed (regs 51-53). Furthermore, safety management systems and pipeline management plans accepted under predecessor instruments are taken as safety cases for transitional purposes (Part 6). These sequencing rules maintain administrative continuity and avoid duplication during transition.

Recordkeeping and information disclosure

• The confidentiality exception in regulation 104 lists Acts under which confidential information may be shared. This establishes a legal basis for inter‑agency use of the documents and data produced under these Regulations for enforcement and public safety purposes.

Overall, the Regulations are designed to sit within a dense legislative ecosystem, adopting national technical codes and providing clear pathways for coordination with other jurisdictional agencies and instruments. The cross‑references and transitional clauses reduce regulatory gaps when moving from older petroleum safety frameworks to the Work Health and Safety Act 2020 regime, while preserving roles for fire services and dangerous goods authorities.

The compiled instrument includes dates and a single listed amendment in the compilation table. The Regulations were made as the Work Health and Safety (Petroleum and Geothermal Energy Operations) Regulations 2022 (SL 2022/30) and published 11 March 2022; they commenced on 31 March 2022 in accordance with regulation 2 and SL 2022/18 cl. 2 (Compilation table, final pages). The compilation table shows one subsequent amendment: Work Health and Safety Regulations Amendment (Workers Compensation) Regulations 2024 Pt. 4 (SL 2024/135) published 26 June 2024 with commencement 1 July 2024 affecting r.104 (see note under regulation 104).

The instrument itself records that regulation 104 (confidentiality of information: exception relating to administration or enforcement of other laws) was amended by SL 2024/135 r. 8 (reg 104 note). No other amendments are reflected in the compilation table provided in the instrument text. The compilation table is the authoritative chronological record included in the published instrument and identifies commencement provision details.

Transitional mechanics also function as an administrative form of change management: multiple provisions in Part 6 give transitional effect to safety cases, safety management systems, pipeline management plans, DSMSs and diving project plans that were in force or submitted under predecessor regulations (regs 175-184). These transitional provisions specify how prior determinations are treated as accepted by the regulator under the new framework and set time limits and conversion mechanics (eg, some PGERA safety management systems have a 6‑month ceiling before operator must submit a safety case under the new scheme if not otherwise accepted) (reg 176(3)).

There is no further amendment history, explanatory memoranda or second reading speech text included in the instrument provided. The compilation table and the specific amendment note entitled "[Regulation 104 amended: SL 2024/135 r. 8.]" are the only explicit amendment traces in the text. Users seeking a full legislative history beyond the instrument’s compilation table will need to consult the WA legislation database or Government Gazette records for intervening instruments and associated explanatory material.

The Regulations themselves do not name any cases or report any judicial decisions. The instrument contains no citation of litigation, no judicial interpretations and no reported appeals. It does provide mechanisms for administrative and tribunal review of a large set of regulator decisions (reg 165 and Div. 8) including rejection or conditional acceptance of safety cases and DSMSs, withdrawal of acceptance, refusal of suspensions and cancellation of authorisations or exemptions. These internal and external review paths (internal review under regs 166-171, external Tribunal review under reg 172) are the statutory mechanisms by which affected parties contest regulator decisions.

Because the Regulations set out a catalogue of reviewable decisions (reg 165) and define internal review mechanics and timeframes (reg 167-171), the likely litigation pathway is administrative review before the Tribunal following internal review, rather than immediate court proceedings. The list in regulation 165 identifies eligible persons and reviewable items , for example, nominees, operators and diving contractors are eligible to contest rejection of an operator nomination, rejection or partial rejection of safety cases or DSMSs, imposition of conditions, and withdrawal or cancellation decisions (reg 165 Table).

No cases or judicial interpretations are recorded in the instrument text; therefore any existing judicial authority or interpretive guidance must be sought in external case law databases or tribunal decisions. The instrument does not invent precedent; it provides the statutory route for disputes to be taken to the Tribunal and documents timeframes for internal review and appeal (regs 167-172).

Practitioners and compliance officers should be attentive to specific procedural and substantive traps embedded in the text. The following are concrete practical points drawn from the Regulations’ wording and mechanics, including where timeframes, definitions and recordkeeping intersect to create compliance risk.

Operator registration and day‑to‑day control

• The regulator accepts a nomination if satisfied that the nominee has or will have day‑to‑day management and control of operations at the facility; if not satisfied, the regulator must reject the nomination and provide reasons (reg 22). The Regulations permit removal from the register where the regulator reasonably believes the person will not have day‑to‑day control, but the regulator must give notice and invite submissions (reg 23(4)). Nominators must provide an authorised officer with sufficient authority to warrant day‑to‑day management and control (reg 21(3)(g)). In practice, operators must document and be able to evidence chains of authority, organisational charts and delegated responsibilities.

Continuous presence requirement

• The operator must ensure a natural person with day‑to‑day management and control (operator’s representative) is present at the facility whenever natural persons are engaged in operations (reg 24(1)). This is an operational burden for remote or mobile facilities; the regulation allows the operator to act as representative if the operator is a natural person, but otherwise establishes a requirement for an onsite managerial presence.

Safety case submission sequencing and tolling

• Operators must conduct evacuation, escape and rescue analyses and fire and explosion risk analyses before submitting a safety case (regs 52-53). The regulator may request additional information with a minimum 30‑day period for provision (reg 54(2)(c)), and such requests pause the 90‑day decision period (reg 54(4)). Thus, submission incomplete in practice leads to extended regulator assessment periods; operators should anticipate information requests and build time into project schedules.

Scope creep on revisions and five‑year revisions

• Operators must submit revised safety cases when technical knowledge is outdated, significant modifications or decommissioning are proposed, or every five years after acceptance (regs 58, 60). A rejected revised safety case does not remove the prior safety case (reg 64), but repeated rejections may trigger regulator withdrawal powers (reg 65). Operators should plan revision cycles and validate proposed changes with the regulator where validations will be required (reg 58(2), 67).

Validation competence and independence

• When the regulator requires validation, the operator must satisfy the regulator that validators meet specified competence and independence criteria and have access to data to form an independent opinion (reg 67(5)-(6)). Validators that fail to meet these evidentiary standards can cause acceptance delays.

Diving compliance details

• DSMS must be given to the regulator at least 60 days before the proposed commencement of a diving project and the regulator must respond within 60 days (reg 73(1)-(2)). A diving contractor that fails to submit a DSMS in time creates a statutory bar on conducting diving and is exposed to significant fines (reg 71). Start‑up notices must be given at least 14 days prior to commencement (reg 94). Diving project plans must be limited so that one supervisor can safely supervise an operation; failure to limit scope or to appoint qualified supervisors (Australian Diver Accreditation Scheme) attracts fines (regs 83(2), 91(2)).

Carcinogens and record retention

• Prohibited carcinogens may only be supplied for genuine research or analysis and only where the recipient holds regulator authorisation or an exemption; suppliers must retain records for five years and persons granted authorisations must retain worker exposure records for 30 years (regs 144, 149, 153). Thirty‑year retention is a long tail obligation with storage, privacy and transfer implications for employers and purchasers.

Dangerous goods quantities and placarding triggers

• Determination of quantities uses the detailed rules in reg 132 and Schedule 3; small miscalculations can move a site above placarding or manifest thresholds triggering HAZCHEM and manifest obligations (regs 126, 132, Sch. 3). Operators must be careful about aggregation rules in Schedule 3 and the "kg or L" combined calculations in the Schedule 3 note.

Regulator discretion and reviewable decisions

• The regulator can impose conditions on acceptance, request validations, reject submissions and withdraw acceptance. Many of these decisions are reviewable (reg 165) but internal review timeframes are short (decision within 14 days, reg 169), and internal review does not stay the decision (reg 171). Parties should use the internal review process and prepare for Tribunal appeals if needed.

Recordkeeping format requirements

• Several records must be kept in hard‑covered, serially numbered bound form (diving operations record and diver log books , regs 97-98). Electronic systems must replicate those requirements or ensure physical copies are preserved in the required form and retained for the specified statutory periods.

Overlap with other regimes

• Some activities are carved out (eg, certain vessel activities are not petroleum operations, reg 6(2)) and other activities may fall under dangerous goods or mines safety frameworks; operators must map which instrument governs each activity. The confidentiality exception list and FES involvement (reg 104, 140) can expose safety documents to other regulatory processes.

In all these “gotchas” the common mechanism is that substantive compliance depends on documentary evidence, sequencing, third‑party validations and timely engagement with the regulator. Practical compliance requires project management, legal oversight of authorisations and long‑term records storage plans.

This section provides a pragmatic compliance checklist and timeline derived directly from the Regulations, with the minimum documentary and process actions an operator or diving contractor should take to meet the key legal requirements.

Immediate structural steps (before commencing operations)

• Ensure facility has a registered operator: nominate a person using the written nomination form with required particulars (reg 21(3)); await regulator acceptance (reg 22). If acting as operator, ensure ABN/ACN and authorised officer details are ready (reg 21).
• Ensure an operator’s representative will be present at the facility during operations (reg 24). Document the representative’s authority and contact details in the safety case and maintain a register.

Safety case lifecycle (non‑diving operations)

• Prepare a safety case that includes:
  • an operation description covering layout, security provisions, inventory of petroleum, engineering/design controls, interfaces and activities (reg 32(2));
  • a formal safety assessment that identifies hazards that could cause major accident events, quantifies likelihood and consequences, identifies safety critical elements and demonstrates minimisation so far as reasonably practicable (reg 32(3));
  • a comprehensive safety management system with policies, leading and lagging indicators, audit systems and performance standards (reg 32(4));
  • an emergency response plan covering steps to make the facility safe, performance standards, lists of emergency services and notification procedures (reg 46).
• Before submitting, conduct and document evacuation, escape and rescue, and fire and explosion risk analyses (regs 52-53) and make these available to the regulator on request.
• Agree scope of any validation with the regulator before submitting if you expect validation to be required (reg 51(2), 67(2)).
• Submit the safety case to the regulator and anticipate the 90‑day decision period; build 30+ day contingency for potential regulator requests for further information (reg 56, 54). If information requested, provide it within the specified period , that information will be treated as part of the safety case upon timely provision (reg 54(3)).
• Implement the safety management system and maintain records in the manner set out in the safety case (reg 31, 50). Keep safety cases and audit reports for 5 years (reg 50(2)-(3)).

Revisions and validations

• Submit revised safety cases when technical knowledge becomes outdated, for significant changes or decommissioning, or at five‑year intervals (regs 58-60). Agree validation scopes for significant changes with the regulator before submission (reg 58(2)).
• If the regulator requests validation under reg 67, engage independent validators who meet competence and independence criteria and can access necessary data (reg 67(5)-(6)).

Diving compliance

• Prepare a DSMS in line with regulator guidelines and include systems for preparing diving project plans and managing change (reg 72). Submit DSMS to regulator at least 60 days before proposed project commencement (reg 73(1)).
• For projects, prepare diving project plans that include risk assessments, job hazard analyses, emergency response plans and DSMS and safety case references; limit each operation to what one supervisor can safely supervise (regs 83-84).
• Ensure diving supervisors are appointed in writing, hold Australian Diver Accreditation Scheme supervisor qualification and are competent (regs 91-92). Ensure supervisors do not dive while supervising (reg 92(2)).
• Obtain start‑up notices for diving projects at least 14 days before the first operation (reg 94).

Notification, incidents and records

• Set up immediate notifiable occurrence notification protocols to the regulator by fastest means (phone then written if requested) and maintain notifiable occurrence records for at least 5 years (reg 100).
• Maintain manifests and dangerous goods site plans as per Schedule 4 if quantities exceed manifest thresholds (reg 141). Review manifest and site plan within 7 days after significant changes and at least every 3 years (reg 141(3)).
• Ensure SDSs for dangerous goods are available on first supply and readily accessible to workers and FES officers (reg 142).
• For prohibited or restricted carcinogens, obtain regulator authorisation before use and keep detailed worker exposure records for 30 years (regs 148-153). Suppliers must keep supply records for 5 years (reg 144(3)-(4)).

Operational controls and audits

• Adopt and document hierarchy of controls when eliminating or minimising risk: substitution, isolation, engineering controls, administrative controls and PPE as sequenced in reg 110. Document maintenance (reg 111) and review control measures in specified circumstances and upon HSR requests (reg 112).
• Implement permit to work systems for hot work, cold work, electrical isolation, confined spaces, working over water and diving operations (reg 37). Make permit authorisations and responsibilities explicit in site procedures and safety case.
• Specify performance standards in the safety management system and implement an auditing system including methods, frequency and documented results (reg 32(4)(k)-(l)).

Engagement and consultation

• Document effective consultation and participation of workers in development and revisions of safety cases, DSMS and diving project plans, and be prepared to show submissions, comments and changes to the regulator (regs 32(1)(c), 38, 72(2)(b), 83(1)(k), 87).
• Ensure health and safety representatives receive required training: initial up to 5 days and annual refresher of up to 1 day (reg 16).

Regulator interaction and review rights

• Expect the regulator to impose conditions or request revisions; these are reviewable decisions under reg 165. Keep evidence of submissions to the regulator, correspondence and any validations and expert reports.
• If a decision is adverse, apply for internal review within 28 days and prepare to provide additional information (regs 167-170). Be aware internal review timelines are tight (14 days for the internal reviewer to decide, reg 169(1)). External Tribunal review is available (reg 172).

Administrative housekeeping

• Maintain registers and public record obligations: DSMS register (reg 77), operator register (reg 23) and manifest registers (reg 141). Keep diving operations records and divers’ log books in bound, serially numbered form and retain for 7 years (regs 97-98).
• Keep copies of safety cases, revised safety cases and audit reports for required retention periods and ensure secure storage at nominated addresses facilitating retrieval (reg 50).

Practical risk management suggestions based on regulatory mechanics

• Engage the regulator early to agree validation scope and expected timelines (reg 51(2), 67).
• Use project schedules that build in regulator decision periods plus buffer for information requests (reg 56, 54).
• Maintain a compliance diary linking operational changes to safety case revision triggers (regs 58-60).
• For hazardous chemicals and carcinogens, set up a compliance file to capture authorisations, exposure statements, worker lists and 30‑year retention logistics (regs 149, 152-153).

Following these steps maps directly to the statutory obligations in the Regulations and reduces the risk of fines, regulator conditions, or acceptance refusals. The critical implementation points are the sequencing of analyses before submission, the competence and independence of validators, record retention timelines and the operational presence of qualified representatives and supervisors.