Offshore Petroleum (Safety) Amendment Regulations 2010 (No. 1)1
Select Legislative Instrument 2010 No. 122
I, QUENTIN BRYCE, Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Offshore Petroleum and Greenhouse Gas Storage Act 2006.
Dated 3 June 2010
QUENTIN BRYCE
Governor-General
By Her Excellency’s Command
MARTIN FERGUSON
1 Name of Regulations
These Regulations are the Offshore Petroleum (Safety) Amendment Regulations 2010 (No. 1).
2 Commencement
These Regulations commence on the day after they are registered.
3 Amendment of Offshore Petroleum (Safety) Regulations 2009
Schedule 1 amends the Offshore Petroleum (Safety) Regulations 2009.
Schedule 1 Amendments
(regulation 3)
[1] Regulation 1.1
substitute
1.1 Name of Regulations
These Regulations are the Offshore Petroleum and Greenhouse Gas Storage (Safety) Regulations 2009.
[2] Subregulations 1.4 (1) to (3)
omit
offshore petroleum
[3] Subregulation 1.5 (1), definition of diving operation
after
offshore petroleum operation
insert
or greenhouse gas storage operation
[4] Subregulation 1.5 (1), definition of facility
substitute
facility has the meaning given by clause 3 of Schedule 3 to the Act.
[5] Subregulation 1.5 (1), after definition of member of the workforce
insert
offshore greenhouse gas storage operations has the meaning given by section 643 of the Act.
[6] Subregulation 1.5 (1), definition of operator
substitute
operator has the meaning given by clause 3 of Schedule 3 to the Act.
[7] Subregulation 1.5 (1), definition of pipe, paragraph (a)
after
petroleum
insert
or a greenhouse gas substance
[8] Subregulation 1.5 (1), definition of pipe, subparagraph (b) (i)
substitute
(i) a petroleum or greenhouse gas pipeline; and
[9] Subregulation 1.5 (1), definition of titleholder
substitute
titleholder means:
(a) a greenhouse gas assessment permittee; or
(b) a greenhouse gas holding lessee; or
(c) a greenhouse gas injection licensee; or
(d) an infrastructure licensee; or
(e) a petroleum exploration permittee; or
(f) a petroleum production licensee; or
(g) a petroleum retention lessee; or
(h) a pipeline licensee.
[10] Regulation 1.6, table, item 11
omit
petroleum
[11] Subregulation 1.7 (1), table, item 8
omit
petroleum
[12] Regulation 2.2
omit
[13] Subregulation 2.3 (1)
omit
an operator
insert
the operator
[14] Subregulation 2.3 (2)
omit
[15] Subregulation 2.3 (3)
substitute
(3) The Safety Authority must reject the nomination if the Safety Authority is not satisfied that the nominee has, or will have, the day‑to‑day management and control of:
(a) the facility or proposed facility; and
(b) operations at the facility or proposed facility.
[16] Subregulations 2.4 (1) and (2)
omit each mention of
registered
[17] Paragraph 2.4 (4) (a)
after
day-to-day
insert
management and
[18] Subparagraph 2.17 (2) (d) (iii)
omit
[19] Subregulation 2.24 (1)
omit
the facility
insert
a facility
[20] After subregulation 2.24 (4)
insert
(5) However, the operator may submit the safety case before the operator and the Safety Authority have agreed on the scope of the validation for the facility if the safety case is for a proposed facility that is:
(a) proposed to be or is being constructed at a place outside Safety Authority waters; and
(b) proposed to be installed and operated in Commonwealth waters or in designated coastal waters of a State or the Northern Territory.
(6) The Safety Authority may at any time inform the operator that it will not assess the safety case for the proposed facility unless the operator and the Safety Authority have agreed on the scope of the validation for the proposed facility.
[21] Regulation 2.43, heading
substitute
2.43 Facility must have operator
[22] Subregulation 2.43 (1)
omit
(1) A person
insert
A person
[23] Paragraphs 2.43 (1) (a) to (f)
after
facility
insert
or part of the facility
[24] Subregulation 2.43 (2)
omit
[25] Subregulation 2.44 (1)
omit
(1) A person
insert
A person
[26] Paragraphs 2.44 (1) (a) to (f)
after
facility
insert
or part of the facility
[27] Subregulation 2.44 (2)
omit
[28] Paragraphs 2.45 (1) (a) to (f)
after
facility
insert
or part of the facility
[29] Subregulation 2.45 (2)
omit
[30] Subregulations 2.45 (3) and (4)
renumber as subregulations 2.45 (2) and (3)
[31] Paragraphs 2.46 (1) (a) to (f)
after
facility
insert
or part of the facility
[32] Subregulation 2.46 (2)
omit
[33] Subregulation 2.46 (3)
renumber as subregulation 2.46 (2)
[34] Subregulation 4.22 (3)
omit
subregulation (2).
insert
the circumstance in paragraph (2) (a) that the person is not qualified as a supervisor under ADAS.
[35] Further amendments
Provision | omit each mention of | insert |
Regulation 1.6, table, item 10 | petroleum | petroleum or greenhouse gas substance |
Subregulation 1.7 (1), table, item 7 | petroleum | petroleum or greenhouse gas substance |
Subparagraph 2.5 (1) (d) (ii) | petroleum | petroleum or greenhouse gas substance |
Subregulation 2.21 (1) | petroleum | petroleum or greenhouse gas substance |
Paragraph 2.30 (1) (e) | petroleum | petroleum or greenhouse gas substance |
Subregulation 2.41 (2), table, item 9 | petroleum | petroleum or greenhouse gas substance |
Schedule 3.1, Form 1 | Offshore Petroleum (Safety) Regulations 2009 | Offshore Petroleum and Greenhouse Gas Storage (Safety) Regulations 2009 |
Schedule 3.1, Form 2 | Offshore Petroleum (Safety) Regulations 2009 | Offshore Petroleum and Greenhouse Gas Storage (Safety) Regulations 2009 |
Schedule 3.1, Form 3 | Offshore Petroleum (Safety) Regulations 2009 | Offshore Petroleum and Greenhouse Gas Storage (Safety) Regulations 2009 |
Schedule 3.1, Form 4 | Offshore Petroleum (Safety) Regulations 2009 | Offshore Petroleum and Greenhouse Gas Storage (Safety) Regulations 2009 |
Schedule 3.1, Form 5 | Offshore Petroleum (Safety) Regulations 2009 | Offshore Petroleum and Greenhouse Gas Storage (Safety) Regulations 2009 |
Schedule 3.2, Part 3, note | offshore petroleum operations | offshore petroleum operations or offshore greenhouse gas operations |
Note
1. All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See http://www.frli.gov.au.