Commonwealth Numbered Regulations - Explanatory Statements

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PETROLEUM (SUBMERGED LANDS) (DIVING SAFETY) AMENDMENT REGULATIONS 2004 (NO. 1) 2004 NO. 271

Statutory Rules 2004 No. 271

EXPLANATORY STATEMENT

Minute No.13 of 2004        Minister for Industry, Tourism and Resources

Petroleum (Submerged Lands) Act 1967

Petroleum (Submerged Lands) (Occupational Health and Safety) Amendment Regulations 2004 (No. 1)

Petroleum (Submerged Lands) (Management of Safety on Offshore Facilities) Amendment Regulations 2004 (No. 1)

Petroleum (Submerged Lands) (Pipelines) Amendment Regulations 2004 (No. 1)

Petroleum (Submerged Lands) (Diving Safety) Amendment Regulations 2004 (No. 1)

Subsection 157(1) of the Petroleum (Submerged Lands) Act 1967 (the Act) provides that the Governor-General may make regulations, not inconsistent with the Act, prescribing all matters that by the Act are required or permitted to be prescribed or are necessary or convenient to be prescribed for carrying out or giving effect to the Act. Paragraph 157(2)(e) of the Act states that the regulations may make provision for securing, regulating, controlling or restricting the construction, erection, maintenance, operation or use of installations, equipment or facilities.

The following regulations have previously been made under the Act with the object of protecting the occupational health and safety of the offshore petroleum workforce during the construction, erection, maintenance, operation or use of installations, equipment or facilities: the Petroleum (Submerged Lands) (Occupational Health and Safety) Regulations 1993; the Petroleum (Submerged Lands) (Management of Safety on Offshore Facilities) Regulations 1996; and the Petroleum (Submerged Lands) (Diving Safety) Regulations 2002. These regulations supplement the more general provisions for occupational health and safety that are established by Schedule 7 to the Act ("Occupational Health and Safety").

The Petroleum (Submerged Lands) (Pipelines) Regulations 2001 (also made under the Act) make provision for occupational health and safety as well as for other matters.

The purpose of the Regulations is to amend each of the above regulations in order to support the establishment of the new National Offshore Safety Authority (NOPSA) and to update occupational health and safety arrangement for the offshore petroleum industry.

The relevant State and Northern Territory Ministers (the "Designated Authorities) are currently responsible for the day-to-day administration and enforcement of all provisions of the Act and its subordinate regulations in the coastal and offshore waters adjacent to each State and the Northern Territory. This includes the administration and enforcement of the provisions of Schedule 7 to the Act and of the regulations under the Act that relate to occupational health and safety.

However, in accordance with a commitment by the Government, and agreed to by the Commonwealth, States and Territories, the Petroleum (Submerged Lands) Amendment Act 2003 has recently established NOPSA to regulate occupational health and safety in all of Australia's offshore petroleum activities from 1 January 2005. The Petroleum (Submerged Lands) Amendment Act 2003 also amended Schedule 7 to the Act, to improve safety administration and outcomes for offshore petroleum facilities and pipelines in Commonwealth waters.

The Regulations give effect to amendments to the Act, consequential to the establishment of NOPSA. The Regulations also restructure and reword each of the relevant regulations listed above, to remove conflicts and overlaps, to ease their understanding, to achieve a greater level of harmonisation, and to adopt modern drafting practice.

The Government has also committed to the creation of a single body of occupational health and safety law for the offshore petroleum industry, to replace the current situation where laws of the States and Northern Territory apply in addition to the laws in and under the Act. In line with this commitment, the amendments to the Act and Schedule 7, and the Regulations, will be adopted or mirrored by the States and the Northern Territory. This will provide a consistent and improved occupational health and safety regulatory regime across all Commonwealth waters, and across all State and Northern Territory coastal waters.

Details of the Regulations are set out in Attachments A to D.

The Regulations have been developed in full consultation with the offshore petroleum industry (through the Australian Petroleum Production and Exploration Association), with the Australian Council of Trade Unions, with the relevant authorities within each State and Northern Territory, and with relevant Commonwealth Government departments including in particular the Department of Employment and Workplace Relations.

ATTACHMENT A

Details of the Petroleum (Submerged Lands) (Occupational Health and Safety) Amendment Regulations 2004 (No. 1)

Regulation 1 - Name of Regulations

This regulation provides that the Regulations are the Petroleum (Submerged Lands) (Occupational Health and Safety) Amendment Regulations 2004 (No. 1).

Regulation 2 - Commencement

This regulation provides for the Regulations to commence on 1 January 2005, to coincide with the commencement of the amendments to the Petroleum (Submerged Lands) Act 1967 (the Act) by the Petroleum (Submerged Lands) Amendment Act 2003.

Regulation 3 - Amendment of Petroleum (Submerged Lands) (Occupational Health and Safety) Regulations 1993

This regulation provides for Schedule 1 to amend the Petroleum (Submerged Lands) (Occupational Health and Safety) Regulations 1993 (the Principal Regulations).

Schedule 1 - Amendments

Item [1] - After regulation 1

This item inserts new regulations 1A and 1B.

Regulation 1A establishes the specified objects for the Petroleum (Submerged Lands) (Occupational Health and Safety) Regulations 1993.

Regulation 1B clarifies that the requirements of the Petroleum (Submerged Lands) (Occupational Health and Safety) Regulations 1993, as amended, are in addition to the requirements of any other regulations made under the Act.

Item [2] - Subregulation 2(1), after definition of Act

This item inserts definitions of controlled substance and designated work group.

-       Controlled substance is defined by reference to relevant schedules in Commonwealth customs legislation.

-       Designated workgroup is defined by reference to the corresponding definition in Schedule 7 to the Act.

Item [3] - Subregulation 2(1), definition of election

This item makes a minor amendment to the current definition of election, corresponding to amendments made to the Act.

Item [4] - Subregulation 2(1), definitions of nomination day and returning officer

This item deletes the current definition of nomination day, as this definition is no longer required. It also amends the definition of returning officer, corresponding to other amendments to the Principal Regulations (see item 10, below). It also introduces a number of new definitions, as follows:

-       employer is defined by reference to the relevant definition in Schedule 7 to the Act;

-       facility is defined by reference to the relevant definition in Schedule 7 to the Act;

-       health and safety representative is defined as a person selected as a health and safety representative under item 13 of Schedule 7 to the Act;

-       identity card is defined by reference to an OHS inspector's identity card issued under the Act;

-       intoxicant is defined as any beverage or other substances for human consumption that contains alcohol, other than a substances for medical or pharmaceutical use;

-       member of the workforce is defined by reference to the relevant definition in Schedule 7 to the Act;

-       OHS inspector is defined as a person appointed under section 150YL of the Act;

-       operator is defined by reference to the relevant definition in Schedule 7 to the Act;

-       qualified is defined as a person qualified or entitled to practice as a medical practitioner, nurse or pharmacist under a law of a State or Territory;

-       Safety Authority is defined as the National Offshore Petroleum Safety Authority established by section 150XD of the Act; and

-       therapeutic drug is defined as a drug that may be prescribed by a qualified medical practitioner under a law of a State or Territory, or may be sold under that law without need for a prescription.

Item [5] - Subregulation 2(1), definition of working day

This item deletes the definition of working day, as this definition is no longer needed. It inserts a definition of work, and a definition of workplace, being references to the corresponding definitions in Schedule 7 to the Act.

Item [6] - Subregulation 2(2)

This item amends a cross-reference to the existing Schedule, renumbering it Schedule 1. (Item 75 inserts a new schedule 2.)

Item [7] - Regulation 4

This item omits the existing regulation 4, which currently provides a definition of dangerous occurrence for the purpose of incident reporting under Schedule 7 to the Act, but one that is not wholly appropriate to offshore petroleum activities.

A more appropriate definition of dangerous occurrence for pipelines is to be provided in the amended Petroleum (Submerged Lands) (Pipelines) Regulations 2001, and a more appropriate definition for other types of facilities is to be provided in the amended Petroleum (Submerged Lands) (Management of Safety on Offshore Facilities) Regulations 1996.

Item [8] - Parts 1A and 2

This item deletes existing Parts 1A and 2, and substitutes a new Part 2.

In effect, the new Part 2 replaces and enhances the existing Part 1A, whilst existing Part 2 is deleted. The existing Part 2 relates to elections of health and safety representatives that are conducted by unions, but the Act will provide that all elections are to be conducted by returning officers from 1 January 2005.

The new Part 2 ("Regulations relating to health and safety") comprises regulations 4A through to 4G, which require the operator of a facility, or any other person in management or control of certain aspects of a facility to manage the prescribed matters related to health and safety.

New regulation 4A provides that an operator, an employer or any other person in control of a facility, a part of a facility, or particular work at a facility, must not allow or require anyone under their control to work for continuous or successive periods that could reasonably be expected to adversely affect the health and safety of any person or persons at or near the facility. In effect, the new regulation replaces the existing regulation 4A, with necessary amendments to terminology.

New regulation 4B provides that it is an offence to be in possession or have control of a controlled substance or an intoxicant, except in accordance with subregulation (3). This provision was previously in the Petroleum (Submerged Lands) (Management of Safety on Offshore Facilities) Regulations 1996, but is to be moved as it is a prescriptive provision more suited to the Principal Regulations. The previous offence is currently one of strict liability, and will remain so.

New regulation 4C provides that it is an offence for a person not to leave a facility when instructed to do so by the person in command. This provision is currently in the Petroleum (Submerged Lands) (Management of Safety on Offshore Facilities) Regulations 1996, but is to be moved as it is a prescriptive provision more suited to the Principal Regulations. A change to the current regulation is that subregulation (2) requires that, except in case of an emergency, the instruction must be written and must state the reason for giving it. This provides protection against use of the provision for reasons unconnected with health and safety.

New regulation 4D provides that an operator, an employer or any other person in control of a facility, a part of a facility, or particular work at a facility must ensure that any substance listed in column 2 of Part 2 or Part 3 of new Schedule 2 to the Principal Regulations is not used unless that use is:

-       in a circumstance specified in column 3 of Part 2 or Part 3 of new Schedule 2 for that item; or

-       in accordance with an exemption granted by the Safety Authority under regulation 4G; or

-       in accordance with the National List of Exemptions for chrysotile asbestos.

The prohibitions made by this regulation also exist within the OHS laws of the Commonwealth, each State and Territory. However, the State and Northern Territory laws are now to be disapplied in relation to offshore petroleum activities (see item 33), and this regulation is therefore necessary in order to maintain the prohibitions in force.

The offence is one of strict liability. The basis for this is that, whilst the safety regulatory regime under the Act is primarily performance based, in line with Government policy and with international best practice, there are some types of hazards and risks that must be controlled to at least a prescribed minimum standard. The banning of certain carcinogens and other substances, except in accordance with agreed exemptions, is an example of this. In addition, the nature of the offence is that it would not be possible to prove intent or wilfulness, and therefore must be one of strict liability in order to have any force.

New regulation 4E provides that an operator, an employer or any other person in control of a facility, a part of a facility, or particular work at a facility must not allow the airborne concentration of any hazardous substance, in the breathing zone of a member of the workforce under their control, to exceed the prescribed exposure standard, except in accordance with an exemption granted by the Safety Authority under regulation 4G.

Subregulation 4E(5) provides that the exposure standard for each hazardous substance is that set out in Adopted National Exposure Standards for Atmospheric Contaminants in the Occupational Environment [NOHSC:1003(1995)], published by the National Occupational Health and Safety Commission (NOHSC), as existing from time to time.

Subregulation 4E(5) also provides a definition of hazardous substance for the purpose of this regulation. The definition includes the substances listed in Part 3 of the new Schedule 2 to the Principal Regulations, substances listed as being hazardous substances by NOHSC, and substances that have been determined by their manufacturers to meet the NOHSC criteria for classification as hazardous substances.

As described for regulation 4D, regulation 4E replaces corresponding provisions in State and Northern Territory laws that currently apply offshore but that will be disapplied from 1 January 2005.

The offence is one of strict liability. As described for regulation 4D, regulation 4E enforces a minimum standard of hazard exposure that must be achieved, except in accordance with agreed exemptions. In addition, the nature of the offence is that it would not be possible to prove intent or wilfulness, and therefore must be one of strict liability in order to have any force.

New regulation 4F provides that an operator, an employer or any other person in control of a facility, a part of a facility, or particular work at a facility must not allow a member of the workforce under their control to be exposed to a level of noise that exceeds the prescribed exposure standard, except in accordance with an exemption granted by the Safety Authority. Subregulation (5) provides that the exposure standard for noise is that set out in National Standard for Occupational Noise [NOHSC:1007(2000)], published by NOHSC, as existing from time to time. As for regulations 4D and 4E, this regulation replaces corresponding provisions in State and Northern Territory laws that currently apply offshore but that will be disapplied from 1 January 2005.

The offence is one of strict liability. As described for regulation 4D, regulation 4G enforces a minimum standard of hazard exposure that must be achieved, except in accordance with agreed exemptions. In addition, the nature of the offence is that it would not be possible to prove intent or wilfulness, and therefore must be one of strict liability in order to have any force.

New regulation 4G provides that an operator, an employer or any other person in control of a facility, a part of a facility, or particular work at a facility may apply to the Safety Authority for an exemption from compliance with the relevant provisions of subregulations 4D(2), 4E(2) and 4F(2) (prohibition on use of hazardous substances, limit to exposure to hazardous substances, and limit on exposure to noise, respectively). The regulation further provides that the Safety Authority may grant such exemptions if it considers that, in the circumstances, compliance is not practicable, and that it may specify conditions and limitations on any exemption.

Item [9] - Part 3, heading

This item amends the heading for Part 3, replacing "Elections conducted by returning officers" by "Elections of health and safety representatives".

Currently, Parts 2 and 3 of the Principal Regulations both relate to elections of health and safety representatives - Part 2 relates to elections conducted by unions, whilst Part 3 relates to elections conducted by returning officers. As noted under item 8, the Act will no longer provide for elections by unions from 1 January 2005, so the existing Part 2 of the Principal Regulations is to be deleted. The new heading of Part 3 clarifies that it relates to all elections of health and safety representatives.

Item [10] - Part 3, Division 1

This item omits Division 1 of Part 3 of the Principal Regulations and replaces it with a new Division 1, comprising regulation 6, which sets out the processes for appointment of returning officers for elections of health and safety representatives.

Regulation 6 provides that, when an operator is required to conduct or arrange for the conduct of an election under subclause 13A(3) of Schedule 7 to the Act, the operator must nominate a person to act as returning officer, and must notify the Safety Authority of that nomination. The regulation also provides that the Safety Authority may either approve the nomination and appoint the nominee as returning officer, or appoint another person as returning officer.

The changes that this item makes are necessary as a consequence of amendments to the Act, which make it a responsibility of the operator to conduct or arrange for the conduct of elections.

Item [11] - Part 3, Division 2

This item omits Division 2 of Part 3 of the Principal Regulations, as the Act will provide that these matters are established through Directions issued by the Safety Authority.

Item [12] - Part 3, Division 3, heading

This item deletes the heading and replaces it with a heading for Division 2 `The poll'. In effect, the Division is renumbered.

Item [13] - Subregulation 13(2)

This item amends references to Division numbers within the subregulation, corresponding to the renumbering of Divisions in this Part.

Item [14] - Regulation 14

This item amends a reference to a Division number within the regulation, corresponding to the renumbering of Divisions in this Part.

Item [15] - Part 3, Division 4, heading

This item omits the heading and replaces it with a heading for Division 3 `Polling by secret ballot'. In effect, the Division is renumbered.

Item [16] - Paragraph 16(b)

This item makes a minor amendment to the paragraph, corresponding to the deletion of regulation 7.

Item [17] - Subparagraph 18(2)(c)(i)

This item makes a minor amendment to terminology in subparagraph 18(2)(c)(i), replacing a reference to employees by a reference to "members of the workforce", in line with amendments to the Act.

Item [18] - Part 3, Division 5, heading

This item deletes the heading and replaces it with a heading for Division 4, `The count'. In effect, the Division is renumbered.

Item [19] - Subregulation 23(1)

This item amends subregulation 23(1), replacing the existing deadline based on "working day" with a requirement to count the votes "as soon as practicable". Given offshore shift rotas, the normal concept of "working day" is not appropriate.

The item also inserts a new subregulation 23(1A), which provides that each candidate may have a scrutineer present at the count.

Item [20] - Subregulation 23(2)

This item amends subregulation 23(1), replacing the existing deadline based on "working day" with a requirement to take the action "as soon as practicable".

Item [21] - Paragraph 24(1)(a)

This item amends paragraph 24(1)(a), replacing the existing deadline based on "working day" with a requirement to take the action "as soon as practicable".

Item [22] - Part 3, Division 6, heading

This item deletes the heading and replaces it with a heading for Division 5, `Result of election'. In effect, the Division is renumbered.

Item [23] - Paragraph 30(1)(a)

This item makes minor amendments to paragraph 30(1)(a), replacing reference to the employer by a reference to the operator of the facility, in line with amendments to the Act.

Item [24] - Paragraph 30(1)(b)

This item makes minor amendments to paragraph 30(1)(b), replacing a reference to the Designated Authority by a reference to the Safety Authority, in line with amendments to the Act.

Item [25] - Regulation 31

This item substitutes existing regulation 31 with a new regulation 31. The new regulation prescribes the form of OHS inspectors' identity cards, replacing a regulation that prescribes equivalent matters about Designated Authority inspectors' identity cards.

Item [26] - Subregulation 32(1)

This item makes a minor amendment to subregulation 32(1), to provide that an OHS inspector is only required to divide a sample that is taken under subclause 33(1) of Schedule 7 to the Act if it is safe to do so.

Item [27] - Paragraph 32(1)(c)

This item makes a minor amendment to paragraph 32(1)(c), inserting a reference to the operator, in line with amendments to the Act.

Item [28] - Subregulation 32(2)

This item makes a minor amendment to subregulation 32(2), in line with the amendment to subregulation 32(1), as described in item 26.

Item [29] - Subregulation 32(3)

This item makes a minor amendment to subregulation 32(3), replacing a reference to a Designated Authority investigator with a reference to an OHS inspector, in line with amendments to the Act.

Item [30] - Regulation 33

This item makes a minor amendment to regulation 33, replacing a reference to an investigator with a reference to "an elected health and safety representative or an OHS inspector", in line with amendments to the Act.

Item [31] - Paragraph 33(b)

This item makes a minor amendment to paragraph 33(b), changing a reference to subclause in Schedule 7 to the Act, in line with amendments to that Schedule.

Item [32] - Regulation 34

This item omits regulation 34, which makes it an offence to disturb the site of an accident or dangerous occurrence. Equivalent provisions are to be placed within the parts of the Petroleum (Submerged Lands) (Management of Safety on Offshore Facilities) Regulations 1996 and the Petroleum (Submerged Lands) (Pipelines) Regulations 2001 that deal with the notification and reporting of such accidents and dangerous occurrences.

Item [33] - After Part 4

This item inserts new Parts 4A and 4B. Part 4A comprises regulation 34, and sets out the processes for granting exemptions under item 27A of Schedule 7 to the Act. Part 4B comprises regulation 34A, and prescribes the State and Northern Territory laws that will not apply at offshore facilities from 1 January 2005, under subsections 9(2A) and 11(2A) of the Act.

Subregulations 34(1) and (2) provide that any person may apply in writing to the Safety Authority for an order exempting the person from 1 or more of the provisions of Part 3 of Schedule 7 to the Act ("Workplace Arrangements"), and that the Safety Authority must decide whether or not to grant the exemption within 28 days. Subregulation 34(3) provides that, in making its decision, the Safety Authority must consult with, and take into account submissions made by, any persons who might be affected by the decision. Subregulation 34(4) provides that, in granting an exemption, the Safety Authority may set conditions and may specify a period of time for which the exemption applies. Subregulation 34(5) provides that the Safety Authority must give reasons for its decision.

Regulation 34A prescribes the State and Northern Territory laws that do not apply at offshore petroleum facilities because they are wholly or substantially laws related to occupational health and safety, and hence overlap with, and duplicate the provisions of, the laws that are administered by the Safety Authority. This is in accordance with subsections 9(2A) and 11(2A) of the Act. Subregulation 34A(1) prescribes the State laws that will not apply, whilst subregulation 34A(2) prescribes the Northern Territory laws that will not apply.

Laws related to radiation safety and food safety are not disapplied, because those laws relate to public health matters that could affect a State or the Northern Territory, as well as being related to health and safety at the offshore facilities. Such State and Northern Territory laws are to remain in force at offshore facilities, administered and enforced under memoranda of understanding between the Safety Authority and the relevant State and Northern Territory agencies.

Although subregulations (1) and (2) appear to disapply all of the provisions of the prescribed laws, the Crimes at Sea Act 2000 would continue to apply their criminal provisions. However, subregulations (3), (4) and (5) ensure that criminal provisions are disapplied, despite the Crimes at Sea Act 2000.

Item [34] - Subregulation 35(1)

This item omits subregulation 35(1), which relates to the serving of notices on Designated Authorities. This provision is unnecessary, as the responsibilities of Designated Authorities under the Principal Regulations are being transferred to the Safety Authority.

Item [35] - After Part 5

This item inserts a new Part 6, comprising regulation 36, which sets out the transitional provisions. Specifically, regulation 36 provides that, if an election process has commenced under the existing regulations but has not been completed, that process will continue as if the existing regulations remain in force.

No further transitional provisions are required, as the Acts Interpretation Act 1901, and section 199 of the Act make all other necessary provisions.

Item [36] - Schedule, heading

This item replaces the heading of the existing Schedule (`Schedule Forms') with a new heading for Schedule 1 (`Schedule 1 Forms'). Item 75 inserts a new Schedule 2 to the Principal Regulations.

Item [37] - Schedule, Form 1

Items 37 to 48 amend Form 1, which prescribes the form of a "Provisional Improvement Notice" that may be issued by an elected health and safety representative under Schedule 7 to the Act.

This item amends Form 1 so as to correctly refer to the Principal Regulations.

Item [38] - Schedule, Form 1

This item amends Form 1 so as to correctly refer to the selection rather than the appointment of health and safety representatives.

Item [39] - Schedule, Form 1

This item makes a minor amendment to Form 1, inserting a reference to clause 13A of Schedule 7 to the Act, in line with amendments to that Schedule.

Item [40] - Schedule, Form 1, note 1

This item makes a minor amendment to Form 1, replacing a reference to "Designated Authority or an inspector" by a reference to "Safety Authority or an OHS inspector", in line with amendments to the Act.

Item [41] - Schedule, Form 1, note 2

This item makes a minor amendment to Form 1, replacing a reference to "an employer" with a reference to "a responsible person", in line with amendments to the Act.

Item [42] - Schedule, Form 1, note 2

This item makes a minor amendment to Form 1, replacing a reference to "employee working for the employer" with a reference to "group member affected by the notice", in line with amendments to the Act.

Item [43] - Schedule, Form 1, note 3

This item makes a minor amendment to Form 1, changing a reference to a Designated Authority inspector to be a reference to an OHS inspector, in line with amendments to the Act.

Item [44] - Schedule, Form 1, note 5

This item makes a minor amendment to Form 1, changing a reference to a Designated Authority inspector to be a reference to an OHS inspector, in line with amendments to the Act.

Item [45] - Schedule, Form 1, note 5

This item makes a minor amendment to Form 1, replacing a reference to "an employer affected by the inspector's decision" with a reference to "the operator of the facility or an employer affected by the decision", in line with amendments to the Act.

Item [46] - Schedule, Form 1, note 5

This item makes minor amendments to Form 1, removing reference to an involved union, and replacing a reference to employees with a reference to "members of the workforce", in line with amendments to the Act.

Item [47] - Schedule, Form 1, note 5

This item makes minor amendments to Form 1, replacing reference to involved union with a reference to "workforce representative", in line with amendments to the Act.

Item [48] - Schedule, Form 1, note 5

This item makes minor amendments to Form 1, changing a reference to a designated Authority inspector to be a reference to an OHS inspector, in line with amendments to the Act.

Item [49] - Schedule, Form 2

Items 48 to 57 amend Form 2, which prescribes the form of a "Notice of removal of plant or sample" that may be issued by an OHS inspector under Schedule 7 to the Act.

This item amends Form 2 so as to correctly refer to the Principal Regulations.

Item [50] - Schedule, Form 2

This item makes a minor amendment to Form 2, to insert a reference to the operator, in line with amendments to the Act.

Item [51] - Schedule, Form 2

This item makes a minor amendment to Form 2, to replace a reference to a designated Authority inspector with a reference to an OHS inspector, in line with amendments to the Act.

Item [52] - Schedule, Form 2

This item makes a minor amendment to Form 2, to replace a reference to a designated Authority inspector with a reference to an OHS inspector, in line with amendments to the Act.

Item [53] - Schedule, Form 2, note 3

This item makes minor amendments to Form 2, to amend terminology in line with amendments to the Act, and also to achieve consistency in the notes to the various forms that relate the offence of tampering with notices.

Item [54] - Schedule, Form 2, note 4

This item makes a minor amendment to Form 2, to replace a reference to a designated Authority inspector with a reference to an OHS inspector, in line with amendments to the Act.

Item [55] - Schedule, Form 2, note 4

This item makes a minor amendment to Form 2, to insert reference to the operator, in line with amendments to the Act.

Item [56] - Schedule, Form 2, note 4

This item makes minor amendments to Form 2, to replace a reference to an involve union by a reference to a "workforce representative", in line with amendments to the Act.

Item [57] - Schedule, Form 2, note 4

This item makes minor amendments to Form 2, to replace a reference to an involve union with a reference to a "workforce representative", in line with amendments to the Act.

Item [58] - Schedule, Form 3

Items 58 to 66 amend Form 3, which prescribes the form of a "Do not disturb notice" that may be issued by an OHS inspector under Schedule 7 to the Act.

This item amends Form 3 so as to correctly refer to the Principal Regulations.

Item [59] - Schedule, Form 3

This item makes a minor amendment to Form 3, to refer to the "operator's representative", in line with amendments to the Act.

Item [60] - Schedule, Form 3

This item makes a minor amendment to Form 3, to change a reference to a designated Authority inspector to be a reference to an OHS inspector, in line with amendments to the Act.

Item [61] - Schedule, Form 3

This item makes a minor amendment to Form 3, to change a reference to a designated Authority inspector to be a reference to an OHS inspector, in line with amendments to the Act.

Item [62] - Schedule, Form 3, note 1

This item makes a minor amendment to Form 3, to achieve consistency in the notes to the various forms that relate the offence of tampering with notices.

Item [63] - Schedule, Form 3, note 3

This item makes a minor amendment to Form 3, to change a reference to a designated Authority inspector to be a reference to an OHS inspector, in line with amendments to the Act.

Item [64] - Schedule, Form 3, note 3

This item makes minor amendments to Form 3, to change a reference to an employer to be a reference to the operator, in line with amendments to the Act.

Item [65] - Schedule, Form 3, note 3

This item makes minor amendments to Form 3, to replace a reference to an involved union with a reference to a "workplace representative", in line with amendments to the Act.

Item [66] - Schedule, Form 3, note 3

This item makes minor amendments to Form 3, to omit reference to an involved union, in line with amendments to the Act.

Item [67] - Schedule, Form 4

Items 67 to 74 amend Form 4, which prescribes the form of a "Prohibition notice" that may be issued by an OHS inspector under Schedule 7 to the Act.

This item amends Form 4 so as to correctly refer to the Principal Regulations.

Item [68] - Schedule, Form 4

This item makes a minor amendment to Form 4, to refer to the operator's representative, in line with amendments to the Act.

Item [69] - Schedule, Form 4

This item makes a minor amendment to Form 4, to remove reference to the employer, in line with amendments to the Act.

Item [70] - Schedule, Form 4

This item makes minor amendments to Form 4, to change a reference to a Designated Authority inspector with a reference to an OHS inspector, in line with amendments to the Act, and to improve the wording of the paragraph.

Item [71] - Schedule, Form 4

This item makes a minor amendment to Form 4, to change a reference to a Designated Authority inspector with a reference to an OHS inspector, in line with amendments to the Act.

Item [72] - Schedule, Form 4, note 1

This item makes a minor amendment to Form 4, to change a reference to an employer to be a reference to the operator, in line with amendments to the Act, and to improve the wording of the paragraph.

Item [73] - Schedule, Form 4, notes 3, 4 and 5

This item makes a number of minor amendments to Form 4, for example inserting a reference to the operator and replacing references to employees with references to group members, in line with amendments made to the Act.

Item [74] -Schedule, Form 5

Form 5 prescribes the form of an "Improvement notice" that may be issued by an OHS inspector under Schedule 7 to the Act.

This item deletes the existing Form 5 and replaces it with a new Form 5, which includes a number of minor amendments in line with amendments to the Act, and a general redesign of the Form.

Item [75] - After Schedule

This item inserts a new Schedule 2 "Hazardous Substances", which prescribes the substances that are hazardous substances for the purpose of new regulation 4D, and also sets out the permitted uses for each substance. The whole of the Schedule has been taken from the current version of the Commonwealth Employment (Occupational Health and Safety) (National Standards) Regulations 1994.

Part 1 of the Schedule provides definitions of bona fide research and in situ for the purpose of the Schedule.

Parts 2 and 3 of the Schedule list, in column 2, the hazardous substances for which there is a general prohibition. Parts 2 and 3 also list, in column 3, the exceptions to each prohibition, i.e. the permitted uses of each hazardous substance. Part 3 addresses carcinogens, whilst Part 2 addresses hazardous substances that are not carcinogens.

As indicated in the Note at the end of the Schedule, many of the listed substances and uses are not relevant to offshore petroleum activities, but have been included in the Schedule for consistency with the nationally agreed prohibitions and exemptions.

ATTACHMENT B

Details of the Petroleum (Submerged Lands) (Management of Safety on Offshore Facilities) Amendment Regulations 2004 (No. 1)

Regulation 1 - Name of Regulations

This Regulation provides that the Regulations are the Petroleum (Submerged Lands) (Management of Safety on Offshore Facilities) Amendment Regulations 2004 (No. 1).

Regulation 2 - Commencement

This Regulation provides for the Regulations to commence on 1 January 2005, to coincide with the commencement of the amendments made to the Petroleum (Submerged Lands) Act 1967 (the Act) by the Petroleum (Submerged Lands) Amendment Act 2003.

Regulation 3 - Amendment of Petroleum (Submerged Lands) (Management of Safety on Offshore Facilities) Regulations 1996

This Regulation provides that Schedule 1 amends the Petroleum (Submerged Lands) (Management of Safety on Offshore Facilities) Regulations 1996 (the Principal Regulations) as they currently exist, and that Schedule 2 then further amends them (this further amendment is by renumbering only).

Schedule 1 - Amendments

Item [1] - Reader's Guide

This item omits the Reader's Guide to the Principal Regulations. Material equivalent to the Reader's Guide is to be provided in Safety Case Guidelines issued and amended from time to time by the National Offshore Petroleum Safety Authority.

Item [2] - After regulation 2

This item inserts regulations 2A and 2B into the Principal Regulations. Regulation 2A establishes the specified objectives for the Principal Regulations, whilst regulation 2B clarifies that the requirements of the Principal Regulations as amended are in addition to any requirements imposed on any person by any other regulations made under the Act.

Item [3] - Subregulation 3(1)

This item deletes the phrase "unless the contrary intention appears" from the preamble to the definitions, so that the definitions always apply.

Item [4] - Subregulation 3(1), note after the definition of Act

This item omits the note regarding adjacent area that follows the definition of Act. This note is replaced by an equivalent note under the definition of Commonwealth waters, introduced by item 5.

Item [5] - Subregulation 3(1), definition of ancillary unit

This item omits the definition of ancillary unit, which will no longer be needed due to the amended definition of facility. The item also introduces a definition of Commonwealth waters, by adopting the definition in section 150XB of the Act.

Item [6] - Subregulation 3(1), definitions of Consent to construct and install and Consent to use

This item omits the definitions of Consent to construct and install and Consent to use, in line with the deletion from these regulations of all provisions related to the grant of such consents (see item 18).

Item [7] - Subregulation 3(1), definitions of contractor, controlled substance, Criminal Code, Designated Authority, employee and employer

This item deletes the definition of contractor, and replaces it with a reference to the definition in Schedule 7 to the Act. It makes minor amendment to the definition of controlled substance. It deletes the definitions of Criminal Code, Designated Authority, employee and employer, as will no longer be needed.

Item [8] - Subregulation 3(1), definition of emergency

This item amends the definition of emergency, replacing the phrase "on or in the vicinity of" with the word "at". The amended definition of facility makes the phrase unnecessary.

Item [9] - Subregulation 3(1), definitions of facility, Facility Description and Formal Safety Assessment

This item replaces the definition of facility with that used in Schedule 7 to the Act, but with the exclusion of pipelines. As a result, the requirements of the Principal Regulations apply to all facilities that are not pipelines. Pipelines are regulated under the Petroleum (Submerged Lands) (Pipelines) Regulations 2001.

This item deletes the definitions of Facility Description and Formal Safety Assessment, as they will no longer be needed. It also introduces definitions of facility owner and in force, as follows:

-       facility owner includes an owner, a charterer or a lessee. The term is used in relation to the nomination of facility operators.

-       in force, in relation to a safety case, means a safety case (including a revised safety case) that has been accepted by the Safety Authority and for which acceptance has not been withdrawn.

Item [10] - Subregulation 3(1), definitions of major accident event, operations in connection with a well, operator and performance standards

This item makes amendments to the definitions of major accident event, operator and performance standards, to improve their meanings. It also deletes the definition of operations in connection with a well, as the amended definition of facility makes this term unnecessary. It also introduces definitions of member of the workforce and OHS inspector, using the corresponding definitions in the Act.

Item [11] - Subregulation 3(1), definition of revise

This item amends the definition of revise, to omit reference to Consent to construct and Consent to install, as these terms are no longer used in these regulations (see item 18).

Item [12] - Subregulation 3(1), after definition of revise

This item introduces definitions of Safety Authority and Safety Authority waters, by reference to the corresponding definitions in the Act.

Item [13] - Subregulation 3(1), definition of safety case

This item omits the definition of safety case, which will no longer be needed because other amendments will make the meaning of the term clear.

Item [14] - Subregulation 3(1), definition of safety case in force for a facility

This item omits the definition of safety case in force for a facility, as the definition of in force will make this definition unnecessary.

Item [15] - Subregulation 3(1), definitions of Safety Management System, Schedule of Specific Requirements, scope of validation, specify and structure

This item omits the definitions of Schedule of Specific Requirements, scope of validation, specify and structure, as these definitions are no longer necessary. It also amends the definition of Safety Management System, and introduces a definition of stage in the life of the facility, as follows:

-       safety management system is defined to mean a system for managing occupational health and safety at a facility

-       stage on the life of a facility is defined to mean construction, installation, operation, maintenance, modification or decommissioning of the facility.

Item [16] - Subregulation 3(1), definition of therapeutic drug and titleholder, including the note

This item inserts a definition of therapeutic drug, meaning a drug that may lawfully be prescribed by a qualified medical practitioner, or one that may lawfully be sold, under a law of a State or Territory.

This item also amends the definition of titleholder, including the note, to be a reference to a holder of a title, licence etc under Part III of the Act.

The item also introduces a definition of validation, by reference to the meaning given by regulation 44, as amended by item 45, below.

Item [17] - Subregulation 3(2)

This item replaces the existing subregulation 3(2), which will no longer be necessary, with a new subregulation 3(2) that provides a definition of safety case in force in relation to a facility for the purpose of the Offshore Petroleum (Safety Levies) Act 2004.

Item [18] - Part 2

This item deletes the existing Part 2 of the Principal Regulations, and replaces it with a new Part 2 in the Principal Regulations ("Operators"), comprising regulations 6, 7 and 8.

Note: Part 2 currently contains provisions related to the granting of consents to construct and install facilities, and consents to use facilities. These provisions will be from the Principal Regulations because they are not necessary for the regulation of occupational health and safety. However, they may be necessary for the regulation of petroleum development more generally, and hence are being considered for insertion in a separate set of regulations that are still in preparation within the Department.

The new regulation 6 allows a facility owner or a titleholder to nominate a person as the operator of a facility or a proposed facility, and prescribes the information that must accompany such a nomination.

Regulation 7 provides that the Safety Authority must accept the nomination if satisfied that the nominated person has or will have day to day management and control of the facility, but must reject the nomination otherwise.

Regulation 8 requires the Safety Authority to maintain a register of operators. Regulation 8 also provides that an owner or titleholder may request removal from the register of a person who was registered as an operator at the request of that owner or titleholder, in which case the Safety Authority must remove that person's name from the register. Regulation 8 further provides that the Safety Authority may remove a person's name from the register on its own initiative, having first provided opportunity for the operator, and the person who initially nominated the operator, to make representations.

These new regulations improve upon the provisions regarding registration of operators that are currently in regulations 42 and 43.

Item [19] - Part 3, Division 1

This item omits the existing Division 1 of Part 3 of the Principal Regulations, which sets out the processes for submission, acceptance, rejection and revision of safety cases. Improved provisions for these matters are included in the new Divisions 2, 3 and 4 of Part 3 of the Principal Regulations.

Item [20] - Part 3, Division 2, heading

This item deletes the heading to Division 2 of Part 3 of the Principal Regulations, and inserts a heading for a new Division 1 of Part 3 "Contents of Safety Cases".

Item [21] - Part 3, Division 2, Subdivision A, heading

This item replaces the heading to Subdivision A of Division 2 of Part 3 of the Principal Regulations with a new heading "Contents of a safety case".

Item [22] - Regulations 14 and 15

This item deletes regulations 14 and 15 and inserts new regulations 9, 10, 11, 12 and 13. New regulations 9 and 10 comprise Subdivision A of Division 2 of Part 3 "Contents of a safety case", whilst new regulations 11, 12 and 13, together with amended regulations 14 to 19, comprise Subdivision B "Safety Measures".

Subregulation 9(1) provides that a safety case must comprise a description of the facility that complies with subregulation 9(2), a detailed description of the formal safety assessment providing evidence of compliance with subregulation 9(3), and a detailed description of the safety management system providing evidence of compliance with subregulation 9(4).

Subregulation 9(2) requires the description of the facility to give details of the matters specified in paragraphs (a) to (c).

Subregulation 9(3) establishes that the formal safety assessment is an assessment or series of assessments conducted by the operator that achieves all the outcomes specified in paragraphs (a) to (c). The note clarifies that a formal safety assessment relates to major accident events only.

Subregulation 9(4) establishes that the safety management system must be comprehensive and integrated, must provide for all the matters set out in paragraphs (b) to (h), and must specify the performance standards that apply.

Subregulation 9(5) provides that a safety case for the construction phase of a facility must also address (so far as is practicable at the time) the risks associated with operation of the facility.

In effect, new regulation 9 replaces existing regulation 14, but is drafted such as to improve clarity and to be consistent in use of terminology with other regulations.

Regulation 10 requires the safety case to demonstrate that there are effective means of ensuring that the safety management system is implemented, is continually and systematically assessed for deficiencies, and is continually and systematically improved.

In effect, the provisions of the new regulation 10 replace the provisions of the existing subregulation 15(1), but with improved drafting.

Regulation 11 requires the safety case for a facility to specify the standards used in design, construction, etc of the facility.

Regulation 12 requires the safety case for a facility to specify and describe the normal and emergency command structures for the facility.

Regulation 13 requires the safety case for a facility to describe the means by which personnel competency will be assured.

In effect, the provisions of the new regulations 11 to 13 replace the provisions of existing subregulations 15(2) to 15(7), but with improved drafting.

The remaining regulations in the subdivision are subject to minor amendments only, as set out in items [23] to [34].

Item [23] - Subregulation 16(1)

This item makes a minor amendment to subregulation 16(1), to insert a reference to "members of the workforce", consistent with amendments to Schedule 7 to the Act.

Item [24] - Paragraph 16(2)(a)

This item makes a minor amendment to paragraph 16(2)(a), to improve consistency in the form of wording used throughout the Principal Regulations.

Item [25] - Paragraph 16(2)(c)

This item makes a minor amendment to paragraph 16(2)(c), to insert a reference to "members of the workforce", consistent with amendments to Schedule 7 to the Act.

Item [26] - Regulation 17, heading

This item makes a minor amendment to the heading of regulation 17, to change a reference to employees to be a reference to "members of the workforce", consistent with amendments to Schedule 7 to the Act.

Item [27] - Regulation 17

This item replaces each mention of Designated Authority with Safety Authority, consistent with the transfer of regulatory responsibility.

Item [28] - Paragraph 17(1)(a)

This item makes a minor amendment to paragraph 17(1)(a), to insert a reference to "members of the workforce", consistent with amendments to Schedule 7 to the Act.

Item [29] - Paragraph 17(1)(b)

This item makes a minor amendment to paragraph 17(1)(b), to insert a reference to "members of the workforce", consistent with amendments to Schedule 7 to the Act.

Item [30] - Subregulation 17(3)

This item makes a minor amendment to subregulation 17(3), to insert a reference to "members of the workforce", consistent with amendments to Schedule 7 to the Act.

Item [31] - Subregulation 17(3), at the foot

This item inserts a new note after regulation 17, clarifying that consultation with and involvement of the workforce in relation to the safety case should be conducted under the broader workplace arrangements that are set out in Part 2 of Schedule 7 to the Act.

Item [32] - Subregulation 18(1)

This item makes a minor amendment to subregulation 18(1), to improve consistency in the form of wording used throughout the Principal Regulations.

Item [33] - Paragraph 18(2)(d)

This item makes a minor amendment to paragraph 18(2)(d), to clarify the meaning.

Item [34] - Regulation 21

This item makes a minor amendment to regulation 21, to improve consistency in the form of wording used throughout the Principal Regulations.

Item [35] - Part 3, Division 2, Subdivision B, heading

This item replaces the existing heading for Subdivision B with a new heading for Subdivision C "Emergencies".

Item [36] - Regulation 22

This item substitutes a new regulation 22, which retains the provisions of the previous regulation 22 but substantially rewords it to clarify its meaning.

Subregulation 22(1) requires the safety case for a facility to contain a detailed description of an evacuation, escape and rescue analysis. Subregulation 22(2) establishes the range of matters that the analysis must consider, and also establishes that the analysis must be used to identify the measures that are necessary in order to reduce risk to a level that is as low as reasonable practicable. A note after the regulation clarifies that the evacuation, escape and rescue analysis, so far as it relates to major accident events, forms part of the formal safety assessment.

Item [37] - Regulation 23

This item substitutes a new regulation 23, which retains the provisions of the previous regulation 23 but substantially rewords it to clarify its meaning.

Subregulation 23(1) requires the safety case for a facility to contain a detailed description of a fire and explosion risk analysis. Subregulation 23(2) establishes the range of matters that the analysis must consider, and also establishes that the analysis must be used to identify the measures that are necessary in order to reduce risk to a level that is as low as reasonable practicable. A note after the regulation clarifies that the fire and explosion risk analysis, so far as it relates to major accident events, forms part of the formal safety assessment.

Item [38] - Subregulation 24(1)

This item makes a minor amendment to subregulation 24(1), to improve consistency in the form of wording used throughout the Principal Regulations.

Item [39] - Regulation 25

This item makes a minor amendment to regulation 25, to improve consistency in the form of wording used throughout the Principal Regulations.

Item [40] - Subregulation 26(1)

This item makes a minor amendment to subregulation 26(1), to improve consistency in the form of wording used throughout the Principal Regulations.

Item [41] - Subregulation 26(3)

This item makes a minor amendment to subregulation 26(3), to improve consistency in the form of wording used throughout the Principal Regulations.

Item [42] - Subregulation 28(1)

This item makes a minor amendment to subregulation 28(1), to improve consistency in the form of wording used throughout the Principal Regulations.

Item [43] - After regulation 28

This item inserts a new Subdivision D of Division 2 of Part 3, which comprises regulation 28A. The new regulation 28A provides that the safety case must describe the arrangements by which the operator ensures that records of the safety case, and records of reported accidents and incidents, are kept for at least 5 years. This replaces the more prescriptive provisions of the previous regulation 30, and improves harmonisation with the other performance-based regulations under the Act.

Item [44] - After Part 3, Division 1

This item inserts a new Division 2 of Part 3, which comprises regulations 28B, 29, 30, 31, 32 and 33, and which sets out the processes for submission of safety case, and for their acceptance or rejection.

It also inserts a new Division 3 of Part 3, which comprises regulations 34, 35, 36, 37, 38, 39 and 40, and which sets out the processes for submission of revisions to safety case, and for acceptance or rejection of those revisions.

It further inserts a new Division 4 of Part 3, which comprises regulations 41 and 42, and which sets out the processes for withdrawal of acceptance of safety cases.

Finally, it inserts a new Division 5 of Part 3, which comprises regulation 43, and which makes provision for exempting operators from any or all of the provisions of Part 3.

These new regulations replace and substantially improve upon existing regulations 7, 8, 9, 10 11 and 12.

New Division 2 of Part 3

Regulation 28B provides that, if an operator of a facility wishes to have a safety case accepted for the facility, he or she must submit the safety case to the Safety Authority. The regulation allows a safety case to relate to one of more facilities and / or to one or more stages in the life of a facility.

Regulation 29 provides that, where an operator has submitted a safety case to the Safety Authority, the Safety Authority may, within 30 days and in writing, request the operator to provide more information. The regulation also provides that the operator must comply with any such request, that the additional information is then taken to become part of the safety case, and that the Safety Authority must have regard to the information.

Regulation 30 sets out provisions for the Safety Authority's acceptance or rejection of safety cases. First, subregulation 30(1) provides that the Safety Authority must accept the submitted safety case if:

-       it is appropriate to the facility and to the activities conducted at the facility;

-       the safety case complies with the requirements of Subdivisions A, B and C of Division 1 of Part 3 - "Contents of a safety case", "Safety measures" and "Emergencies" - for the stages in the life of the facility for which it was submitted;

-       the safety case complies with the requirements of Subdivision D of Division 1 of Part 3 - "Record keeping"; and

-       any validation requirements established by the Safety Authority have been complied with.

The remaining subregulations in regulation 30 then provide a mechanism for dealing with a safety case that does not satisfy the requirements of subregulation 30(1) when the safety case is first submitted:

-       subregulation 30(2) provides that the Safety Authority may accept a safety case for fewer stages in the life of the facility than the number of stages for which it was submitted;

-       subregulation 30(3) provides that, if the safety case does not initially meet the requirements for acceptance under subregulation 30(1), the operator must be given reasonable opportunity to change and resubmit the safety case;

-       subregulation 30(4) provides that the Safety Authority must reject the safety case if the operator has been given reasonable opportunity to change and resubmit the safety case under subregulation 30(3), but the resubmitted safety case still does not meet the requirements of subregulation 30(1); and

-       finally, subregulation 30(5) provides that the Safety Authority, when accepting a safety case, whether in full or for particular stages in the life of a facility, may impose limitations or conditions.

Regulation 31 sets out provisions for the Safety Authority's notification of its decision on a safety case. First, subregulation 31(1) provides that the Safety Authority must give the operator notice within 90 days of receipt of a safety case that either:

-       it has accepted the safety case in full, rejected it, accepted it but for fewer stages in the life of the facility than the number of stages for which it was submitted, or accepted it but with conditions or limitations; or

-       it is unable to make a decision within 90 days, indicating its timetable for further consideration of the safety case.

Subregulation 31(2) then clarifies that a failure of the Safety Authority to make a notification under subregulation 31(1) within 90 days does not invalidate any subsequent decision by the Safety Authority, whilst subregulation 31(3) requires the notification to include the terms of any decision and the reasons for it.

Regulation 32 provides a mechanism whereby activities at a facility may depart from the accepted safety case for the facility, with the consent of the Safety Authority, notwithstanding that this would otherwise be an offence. Specifically, subregulation 32(1) provides that the Safety Authority may by notice in writing give consent for an operator of a facility to construct, install, operate, modify or decommission a facility in a manner that is not in accordance with the safety case that is in force in relation to that facility, whilst subregulation 32(2) clarifies that the Safety Authority may only grant consent under subregulation 32(1) if satisfied that there will be no significant new risk or significant increase in an existing risk.

Regulation 33 clarifies that acceptance of a safety case by the Safety Authority, or compliance of the operator or any other person with a safety case that has been accepted by the Safety Authority, does not derogate the operator or other person from their duties as set out in Part 2 of Schedule 7 to the Act.

New Division 3 of Part 3

Regulation 34 establishes provisions for submission of revised safety cases because of a change in circumstances or operations.

Subregulation 34(1) provides that the operator of a facility for which there is a safety case in force must submit a revision to the safety case in any of the following circumstances:

-       the technical knowledge relied on in developing the safety case, including the systems and methods for identifying hazards and evaluating risks of major accident events, no longer adequately provides for the safety case to comply with the relevant requirements;

-       the operator proposes to modify or decommission the facility in a way that is not provided for by the safety case, or a revision to it, that has already been accepted by the Safety Authority;

-       there are reasonable grounds for believing that a series of modifications to the facility will result in a significant increase in the risk of major accident events;

-       the operator proposes to significantly change the safety management system for the facility; and

-       the activities to be carried out at the facility are different from those contemplated in the safety case.

Subregulation 34(2) provides that a revised safety case in relation to a proposal to modify or decommission the facility must not be submitted until the operator and the safety case have agreed on a scope of validation for the modification or decommissioning.

Subregulation 34(3) provides that, if the Safety Authority agrees, a revised safety case may take the form of a revision to part only of the safety case.

Regulation 35 establishes provisions for submission of revised safety case on request by the Safety Authority.

Subregulation 35(1) provides that the Safety Authority may request that a revised safety case be submitted to it.

Subregulation 35(2) provides that, if the Safety Authority agrees, a revised safety case may take the form of a revised part of a safety case, or an addendum to a safety case.

Subregulation 35(3) provides that a request under subregulation 35(1) must be in writing, state the matters to be addressed by the revision, state a proposed date of effect of the revision, and state the grounds for the request.

Subregulation 35(4) provides that the operator may make a submission to the Safety Authority stating why the operator believes that a revision is not necessary, or that different scope of revision or different date of effect should apply.

Subregulation 35(5) provides that any submission under subregulation 35(4) must be made within 21 days of the Safety Authority's request, or within any longer period specified in writing by the Safety Authority.

Subregulation 35(6) provides that, if the Safety Authority receives a submission that complies with subregulations 35(4) and (5), the Safety Authority must consider the submission and decide whether to accept it, in full or in part, or to vary it, and that the Safety Authority must then give the operator written notice of its decision.

Subregulation 35(7) provides that the operator must comply with any request, or varied request, that has not been withdrawn.

Regulation 36 provides that, although revisions may have been made under regulations 34 or 35, a revision to a safety case for a facility must be submitted within 5 years of the previous acceptance by the Safety Authority of a safety case or revised safety case for that facility. Subregulation 36(2) provides that such revisions must describe how the operator ensures the continued integrity of the control measures for major accident events.

Regulation 37 provides that, where an operator has submitted a revised safety case to the Safety Authority, the Safety Authority may, within 10 days and in writing, request the operator to provide more information. The regulation also provides that the operator must comply with any such request, that the additional information is then taken to become part of the revised safety case, and that the Safety Authority must have regard to the information.

Regulation 38 sets out provisions for the Safety Authority's acceptance or rejection of revised safety cases. First, subregulation 38(1) provides that the Safety Authority must accept the submitted revised safety case if:

-       it is appropriate to the facility and to the activities conducted at the facility;

-       it complies with the requirements of Subdivisions A, B and C of Division 1 of Part 3 - "Contents of a safety case", "Safety measures" and "Emergencies" - for the stages in the life of the facility for which it was submitted;

-       it complies with the requirements of Subdivision D of Division 1 of Part 3 -"Record keeping"; and

-       any validation requirements established by the Safety Authority have been complied with.

The remaining subregulations in regulation 38 then provide a mechanism for dealing with a revised safety case that does not satisfy the requirements of subregulation 38(1) when the revised safety case is first submitted:

-       subregulation 38(2) provides that the Safety Authority may accept a revised safety case for fewer stages in the life of the facility than the number of stages for which it was submitted;

-       subregulation 38(3) provides that, if the revised safety case does not initially meet the requirements for acceptance under subregulation 38(1), the operator must be given reasonable opportunity to change and resubmit the revised safety case;

-       subregulation 38(4) provides that the Safety Authority must reject the revised safety case if the operator has been given reasonable opportunity to change and resubmit the revised safety case under subregulation 38(3), but the resubmitted revised safety case still does not meet the requirements of subregulation 38(1); and

-       finally, subregulation 38(5) provides that the Safety Authority, when accepting a revised safety case, whether in full or for particular stages in the life of a facility, may impose limitations or conditions.

Regulation 39 sets out provisions for the Safety Authority's notification of its decision on a revised safety case. First, subregulation 39(1) provides that the Safety Authority must give the operator notice within 30 days of receipt of a revised safety case that either:

-       it has accepted the revised safety case in full, rejected it, accepted it but for fewer stages in the life of the facility than the number of stages for which it was submitted, or accepted it but with conditions or limitations; or

-       it is unable to make a decision within 30 days, indicating its timetable for further consideration of the revised safety case.

Subregulation 39(2) then clarifies that a failure of the Safety Authority to make a notification under subregulation 39(1) within 30 days does not invalidate any subsequent decision by the Safety Authority.

Regulation 40 provides that, unless and until the Safety Authority accepts a revised safety case, the safety case that is currently in force for the facility remains in force.

New Division 4 of Part 3

Subregulation 41(1) provides that the Safety Authority may give notice to the operator of a facility that it withdraws acceptance of a safety case for the facility, on any of the grounds that:

-       the operator has not complied with Schedule 7 to the Act, a notice issued by an OHS inspector under Schedule 7, or regulation 34, 35 or 35; or

-       the Safety Authority has rejected a revised safety case.

Subregulation 41(2) provides that a notice under subregulation 41(1) must state the reasons for the decision.

Regulation 42 sets out the processes to be followed before issuing a notice under regulation 41 that acceptance of a safety case has been withdrawn. First, subregulation 42(1) provides that the Safety Authority must give the operator at least 30 days notice of its intention to withdraw acceptance, whilst subregulation 42(2) provides that the Safety Authority may give a copy of the notice to any other persons it thinks fit. Subregulation 42(3) provides that the Safety Authority must specify in the notice a date by which the operator (or other person to whom the notice is given) may make a submission to the Safety Authority about the matter. Subregulation 42(4) provides that the Safety Authority must take account of any submissions received under subregulation 42(3), and also of any action taken by the operator.

Withdrawal of acceptance of a safety case would mean that operations at the facility must cease, or the operator would be committing an offence. Therefore withdrawal of acceptance of a safety case would only be used in cases of serious and / or repeated non-compliances, or if the operations had departed significantly from what is allowed by the safety case that is in force. A range of other compliance and enforcement provisions is available to the Safety Authority, which would be used before commencing the processes under regulation 42.

New Division 5 of Part 3

Regulation 43 provides that the Safety Authority may exempt an operator of a facility from any or all of the provisions of new Part 3 of the Principal Regulations. The note clarifies that this would be based on a policy to be published by the Safety Authority.

Item [45] - Parts 4 and 5

This item replaces Parts 4 and 5, and inserts new Parts 6, 7 and 8 in the Principal Regulations. The provisions of the replaced Parts are all either contained in the new Parts, or are to be inserted in the Petroleum (Submerged Lands) (Occupational Health and Safety) Regulations 1993, or are no longer required as a result of other amendments to the Principal Regulations.

The new Part 4 comprises regulation 44, and sets out requirements related to independent validation of proposed facilities, or of proposed modifications to existing facilities. The new Part 5 comprises regulation 45 and 46, and sets out provisions related to the notification and reporting of accidents and incidents. The new Part 6 comprises regulations 47 through to 53, and sets out the penalty provisions of the Regulations. The new Part 7 comprises regulation 54, and sets out certain information that must be provided in applications or submissions under the regulations. Finally, the new Part 8 comprises regulations 55 through to 61, and establishes transitional arrangements for these regulation amendments.

New Part 4 - Validation

Regulation 44 provides that the Safety Authority may require an operator of a facility or proposed facility to provide a validation about certain matters relating to the proposed facility or to a proposed modification to an existing facility. The regulation explains that a "validation" is a statement in writing by an independent person, which establishes, to the level required by the Safety Authority, that the design, construction and installation of the facility, or the modification, will protect the health and safety of persons at the facility. The provisions that are made by this regulation are equivalent to those in current regulation 13.

New Part 5 - Notifying and reporting accidents and dangerous occurrences

Subregulation 45(1) provides that the prescribed incapacitation period for the purpose of reporting of injuries under Schedule 7 is 3 days. The effect of this is that accidents that cause a member of the workforce to be incapacitated from performing work for a period of 3 days or greater must be reported to the Safety Authority. The 3 day incapacitation period is consistent with the practice for incident reporting in the international offshore petroleum industry, and adopting this period under the Act enables effective bench-marking against international performance.

Subregulation 45(2) provides a definition of dangerous occurrence for the purpose of item 2 of Schedule 7. The definition is that a dangerous occurrence is any of the following:

-       An occurrence that did not cause the death of, or serious personal injury to, a person, and did not cause incapacitation of a member of the workforce for the prescribed period, but could reasonably have done so. That is, it is an occurrence that could reasonably have been an "accident" as defined in Schedule 7.

-       An occurrence of any of the types of event listed in subparagraphs (i) to (vii). Such events have previously been reported to Government by the Australian offshore petroleum industry, to the Designated Authorities, but under an informal agreement rather than under regulation.

-       Any other event that should reasonably be subject to an investigation.

Regulation 46 establishes detailed administrative procedures for notification and reporting of accidents and dangerous occurrence, as required by Schedule 7 to the Act. Subregulation 46(1) provides that the initial notice of an accident or dangerous occurrence may be oral or written, must be given as soon as practicable after the operator becomes aware of the accident or occurrence, and must contain all details that are known to the operator at the time. Subregulations 46(2) and (3) provide that a report about an accident or dangerous occurrence must be written, must be given to the Safety Authority within 3 days of the operator becoming aware of the accident or occurrence (unless otherwise agreed with the Safety Authority), and must contain the details set out in a determination published in the Gazette. Subregulation 46(4) provides that the operator must provide a monthly summary of deaths and injuries occurring at the facility.

New Part 6 - Penalty Provisions

Regulation 47 establishes that it is an offence for any person to construct, install, operate, modify or decommission a facility in Commonwealth waters if there is no registered operator for that facility. The regulation establishes that the penalty for this offence is 80 penalty units. The Crimes Act 1914 establishes that a penalty currently has a value of $110.

Regulation 48 establishes that it is an offence for any person to construct, install, operate, modify or decommission a facility in Commonwealth waters if there is not a safety case in force for the relevant stage in the life of the facility, except if the Safety Authority has granted permission to do so. The regulation establishes that the penalty for this offence is 80 penalty units. There is an offence provision in existing regulation 29 that corresponds to this new provision.

Regulation 49 establishes that it is an offence for any person to construct, install, operate, modify or decommission a facility in Commonwealth waters in a manner that is contrary to a safety case in force for the facility, or contrary to a limitation or condition imposed by the Safety Authority when accepting a safety case or revised safety case, except if the Safety Authority has granted a consent to operate in the specific manner. The regulation establishes that the penalty for this offence is 80 penalty units, and that the offence is one of strict liability. There is an offence provision in existing regulation 29 that corresponds to this new provision. The existing offence is also one of strict liability.

Regulation 50 establishes that it is an offence for any person to construct, install, operate, modify or decommission a facility when there is a significant new risk or significant increase in an existing risk if that new or increased risk is not provided for by the safety case in force for the facility or by a revised safety case that has been submitted to the Safety Authority and that has not been rejected, except if the Safety Authority has granted permission to do so. The regulation establishes that the penalty for this offence is penalty 80 units. There is an offence provision in existing regulation 29 that corresponds to this new provision.

Regulation 51 establishes that it is an offence for the operator of a facility to keep relevant documents in a manner that is contrary to the manner set out in the safety case. The regulation establishes that the penalty for this offence is 30 penalty units, and that the offence is one of strict liability. There is an offence provision in existing regulation 30 that corresponds to this new provision. The existing offence is also one of strict liability.

Regulation 52 establishes that it is an offence for a person on a facility to act in a manner that is contrary to the safety case in force for the facility. The regulation establishes that the penalty for this offence is 10 penalty units, and that the offence is one of strict liability. There is an offence provision in existing subregulation 34(2) that corresponds to this new provision. The existing offence is also one of strict liability.

Regulation 53 establishes that it is an offence for a person to interfere with the site of an accident or dangerous occurrence before an OHS inspector has completed an investigation into the accident or dangerous occurrence, except in the circumstances listed in subregulation 53(2). The regulation establishes that the penalty for this offence is 20 penalty units. There is an offence provision in existing regulation 35 that corresponds to this new provision.

New Part 7 - Miscellaneous

Regulation 54 provides that applications or submissions that a person is required or permitted to make or give to the Safety Authority must include the personal details specified in the regulation.

New Part 8 - Transitional Provisions

Regulation 55 provides a definition of old Regulations, for the purpose of the new Part 8.

Regulation 56 provides that, at the commencement of these amendments, the Designated Authorities must give to the Safety Authority the listed documents and records. The relevant documents and records are those that are current at 1 January 2005 and relate to the regulatory responsibilities that are transferred from the Designated Authorities to the Safety Authority.

Regulation 57 provides that a notice or request issued by a Designated Authority under the existing regulations before 1 January 2005, and that has not been complied with before 1 January 2005, will be taken to continue in force as if it had been issued by the Safety Authority.

Regulation 58 provides that a safety case that was accepted by a Designated Authority under these regulations before 1 January 2005, and that remains in force at that date, will be taken to be a safety case that was accepted by the Safety Authority. The regulation also provides that any acceptance with limitations or conditions by a Designated Authority continues as if made by the Safety Authority.

Regulation 59 provides that, where a safety case or revised safety case has been submitted to a Designated Authority before 1 January 2005, but has not been accepted by that date, then the Safety Authority must continue the process of considering the application, giving the operator reasonable opportunity to modify the submission so as to comply with any new or amendment requirements of the regulations. The relevant time limits for the Authority's acceptance or rejection of the safety case are taken to recommence on 1 January 2005.

Regulation 60 provides that a person who is registered as an operator of a facility under the existing regulations immediately before 1 January 2005 will remain registered under the amended regulations until the earlier of 1 April 2005 or the registration of a new operator. If further provides that, if no person was registered as the operator of a facility immediately prior to 1 January 2005, then the title-holder will be registered under the amended regulations until 1 April 2005 or until a new operator is registered, whichever occurs first.

Regulation 61 provides transitional arrangements in respect of any structure or vessel that becomes a "facility" for the first time on 1 January 2005 because of the amended definition, or that enters Safety Authority waters within 3 months of 1 January 2005. Subregulation (2) provides that it is not an offence to construct, operate etc a facility if there is no operator until 1 April 2005. Subregulation (3) provides that it is not an offence to construct, operate a facility without a safety case in force until 1 July 2005. Subregulation (4) further provides that it is not an offence to construct, operate a facility without a safety case beyond 1 July 2005 if a safety case has been submitted to the Safety Authority before 1 July 2005, and the Safety Authority has not yet made a decision on that safety case.

Schedule 2 - Amendments to numbering

Item [1] - Renumbering

This item renumbers the Principal Regulations, as amended by Schedule 1.

ATTACHMENT C

Details of the Petroleum (Submerged Lands) (Pipelines) Amendment Regulations 2004 (No. 1)

Regulation 1 - Name of Regulations

This Regulation provides that the Regulations are the Petroleum (Submerged Lands) (Pipelines) Amendment Regulations 2004 (No. 1).

Regulation 2 - Commencement

This Regulation provides for the Regulations to commence on 1 January 2005, to coincide with the commencement of the amendments made to the Petroleum (Submerged Lands) Act 1967 (the Act) by the Petroleum (Submerged Lands) Amendment Act 2003.

Regulation 3 - Amendment of Petroleum (Submerged Lands) (Pipelines) Regulations 1996

This Regulation provides that Schedule 1 will amend the Petroleum (Submerged Lands) (Pipelines) Regulations 2001 (the Principal Regulations).

Schedule 1 - Amendments

Item [1] - Regulation 4, heading

This item amends the heading of regulation 4, changing it from "definitions" to "interpretation" in line with current drafting practice.

Item [2] - Subregulation 4(1), after definition of independent validator

This item inserts definitions of OHS inspector, operator and pipeline.

-       OHS inspector is defined as a person appointed under section 150YL of the Act.

-       operator, for a pipeline, is defined as being a person registered as the operator of the pipeline under regulation 6D of the Principal Regulations. The concept of a pipeline operator is required so that the duties of care established by Schedule 7 to the Act apply to persons in management and control of pipelines, as well as to persons in management and control of facilities.

-       pipeline is defined separately for Part 3A and for the rest of the Principal Regulations. For Part 3A pipeline is defined by reference to a definition in Schedule 7 to the Act, whilst for the rest of the Principal Regulations pipeline is defined by reference to the definition in Part III of the Act. This corresponds to the delineation of powers and functions of the Safety Authority (Schedule 7 to the Act and Part 3A of the Principal Regulations) as opposed to the Designated Authority (Part III of the Act and the remainder of the Principal Regulations).

Item [3] - Subregulation 4(1), after definition of pipeline management plan in force for a pipeline

This item inserts a definition of pipeline safety management plan. The pipeline safety management plan is defined as the parts of the pipeline management plan that relate to health and safety, and therefore are the regulatory responsibility of the Safety Authority.

Item [4] - Subregulation 4(1), definition of reportable incident

This item amends the definition of reportable incident, to exclude incidents solely related to health and safety. Reportable incidents under the amended definition are reportable to the Designated Authority, whilst health and safety incidents are reportable to the Safety Authority.

This item also introduces a definition of Safety Authority, being a reference to the National Offshore Petroleum Safety Authority established by section 150XD of the Act.

Item [5] - Subregulation 4(1), definition of significant pipeline event, paragraphs (b) and (c)

This item amends the definition of significant pipeline event, removing the reference to the Petroleum (Submerged Lands) (Management of Safety on Offshore Facilities) Regulations 1996, as this cross-reference is no longer necessary.

Item [6] - After regulation 6

This item inserts a new regulation 6A, which clarifies that the requirements of the Principal Regulations, as amended, are in addition to the requirements of any other regulations under the Act.

Item [7] - After Part 1

This item inserts a new Part 1A related to operators of pipeline, and comprising regulations 6B, 6C, 6D and 6E.

Regulation 6B provides that, in order for a person to be registered as the operator of a pipeline or proposed pipeline, that person must be nominated to the Safety Authority by the pipeline licensee, and must consent to the nomination. Further, the regulation prescribes the information that must be included in the nomination.

Regulation 6C provides that the Safety Authority must accept the nomination if satisfied that the person who is nominated has (or will have) day-to-day management and control of the pipeline and its operations, and that otherwise the Safety Authority must reject the nomination. Further, the regulation provides that, if the Safety Authority accepts a nomination, it must register the person as the operator. Finally, the regulation provides that the Safety Authority must notify the pipeline licensee and the nominee of the Safety Authority's decision.

Regulation 6D provides that the Safety Authority must maintain a register of operators. It also provides that a pipeline operator, or the licensee, may notify the Safety Authority that the person has ceased to be the operator, in which case the Safety Authority must deregister the person. Finally, the regulation provides that the Safety Authority may deregister a person if it believes on reasonable grounds that the person does not or will not have day-to-day management and control of the pipeline, having first given the person and the licensee notice of its intention, and having taken into account any submissions made by those persons.

Regulation 6E provides that it is an offence for a person to construct, operate, modify or decommission a pipeline in Commonwealth waters, if no person is registered as the operator of that pipeline.

Item [8] - After subregulation 20(3)

This item inserts a note after subregulation 20(3), indicating that in making a decision under Part 3, the Designated Authority is also subject to Part 3A.

Item [9] - After regulation 20

This item inserts a new regulation 20A. This new regulation provides that the Designated Authority must give a copy of any pipeline management plan to the Safety Authority as soon as practicable after it has been received, but in any case within 7 days. It also provides that the Designated Authority cannot make a decision regarding the pipeline management plan, unless and until the Safety Authority has given notice of its decision under regulation 39B (see item 12, below).

Item [10] - Subregulation 22(1)

This item amends subregulation 22(1). The amended subregulation provides that the Designated Authority can only accept a pipeline management plan if the Safety Authority has given notice that its accepts the pipeline safety management plan under regulation 39B.

This item also inserts a new subregulation 22(1A) that provides that the Designated Authority cannot accept the pipeline management plan for stages in the life of the pipeline for which the Safety Authority has not accepted the pipeline safety management plan.

Item [11] - Subregulation 35(1)

This item amends subregulation 35(1). The amended subregulation provides that the Designated Authority can only accept a revision to the pipeline management plan if the Safety Authority has given notice that its accepts the revised pipeline safety management plan under regulation 39B.

This item also inserts a new subregulation 35(1A) that provides that the Designated Authority cannot accept the revision to the pipeline management plan for stages in the life of the pipeline for which the Safety Authority has not accepted the revision to the pipeline safety management plan.

Item [12] - After Part 3

This item inserts Part 3A, which comprises regulations 39A through to 39J, and which sets out the provisions for pipeline safety management plans.

Regulation 39A forms Division 3A.1, and provides definitions for this Part. Specifically it defines pipeline safety management plan in force for a pipeline to mean the parts of the pipeline management plan in force for that pipeline that relate to health and safety.

Regulations 39B to 39G form new Division 3A.2, which relates to acceptance of pipeline safety management plans, including revisions.

Regulation 39B sets out provisions for consideration of pipeline safety management plans by the Safety Authority. It provides that, when given a copy of a pipeline management plan by the Designated Authority, the Safety Authority must consider the pipeline safety management plan (i.e. the health and safety aspects of the pipeline management plan). It provides that the Safety Authority must decide either that it approves the pipeline safety management plan in full, refuses to approve it, approves it for some stages in the life of the pipeline and refuses it for the remaining stages, approves it but with conditions or limitations, or is unable to make a decision, and that that the Safety Authority must then notify the Designated Authority, all within 21 days. The regulation further provides that, if the Safety Authority is unable to make a decision, the Safety Authority must include in the notice that it gives to the Designated Authority a proposed timetable for consideration of the pipeline safety management plan, and a description of any further information that will assist in this consideration.

Regulation 39C provides that, if the Safety Authority has notified the Designated Authority of a timetable for further consideration of the pipeline safety management plan, the Designated Authority must give written notice to the pipeline licensee explaining the effect of this timetable.

Regulation 39D provides that the Safety Authority may request the Designated Authority to act under regulation 31 and request a revision of a pipeline management plan, on the basis that it believes the pipeline safety management plan requires revision. It further provides that such requests must be in writing and state the matters to be addressed in the revision, the proposed date of effect of the revision, and the grounds for the request. The Designated Authority is required to comply with such a request from the Safety Authority.

Regulation 39E provides that, if a Designated Authority has requested a revision to a pipeline management plan, and the pipeline licensee makes a submission under regulation 31 that the request should be withdrawn or altered, then the Designated Authority must give a copy of the submission to the Safety Authority to the extent that the submission relates to health and safety.

Regulation 39F makes provisions for revisions to pipeline safety management plans equivalent to those set out in regulation 39B for the initial submission of pipeline safety management plans. Likewise, regulation 39G makes provisions for revisions to pipeline safety management plans equivalent to those that are set out in regulation 39C.

Regulations 39H to 39J form Division 3A.3, and relate to the withdrawal of acceptance of pipeline safety management plans.

Regulation 39H provides that the Safety Authority may by written notice to the Designated Authority request the Designated Authority to withdraw acceptance of a pipeline management plan, on the grounds that either:

-       the pipeline operator has not complied with Schedule 7 to the Act, or a law mentioned or prescribed in subsection 140H(2) (being the laws that are administered by the Safety Authority); or

-       the pipeline licensee has not complied with regulations 11, 17, 30, 31 or 32, as amended; or

-       the Safety Authority has refused to accept a proposed revision to the pipeline safety management plan.

Regulation 39I provides that, before giving the Designated Authority a notice under regulation 39H, the Safety Authority must first give notice that it is intending to make such a request, upon which the Designated Authority must give corresponding notice to the pipeline licensee. Further, the regulation provides that the notice to the licensee must state the grounds for giving the notice and must state a date by which the pipeline licensee of other notified person may make a submission to the Designated Authority in relation to the proposed withdrawal of acceptance. Finally, the regulation provides that the Designated Authority must give any such submissions to the Safety Authority.

Regulation 39J provides that, in deciding whether to give a notice under regulation 39H, the Safety Authority must take account of any actions taken by the licensee or operator to remove the grounds for withdrawal, or to prevent recurrence of that ground, and must also take account of any written submission made under regulation 39I. The regulation further provides that, if the Safety Authority gives notice under 39H, having taken all the above matters into account, the Designated Authority must withdraw acceptance of the pipeline management plan, under regulation 37, and give notice of this.

Item [13] - Part 4, heading

This item amends the heading of Part 4 and inserts new regulations 39M and 39N at the start of Part 4.

Regulation 39M provides certain interpretations related to notification and reporting of accidents and dangerous occurrences. The regulation provides that the prescribed incapacitation period for the purpose of reporting of injury accidents is 3 days, consistent with international practice in the offshore petroleum industry. It also defines dangerous occurrence, in relation to pipelines for the purpose of Schedule 7, as any occurrence that creates a substantial risk of an accident (as defined in Schedule 7 to the Act), or that was of a kind reasonably requiring investigation.

The note under this regulation clarifies that it relates to incidents that must be reported to the Safety Authority.

Regulation 39N establishes detailed administrative requirements for reporting of health and safety incidents at pipelines to the Safety Authority. The provisions relate to the incident reporting requirements that are set out in Schedule 7 to the Act, and mirror those established in the Petroleum (Submerged Lands) (Management of Safety on Offshore Facilities) Regulations 1996 for facilities that are not pipelines.

Subregulation 39N(1) provides that the initial notice of an accident or dangerous occurrence may be oral or written, must be given as soon as practicable after the operator becomes aware of the accident or occurrence, and must contain all details that are known to the operator at the time.

Subregulations 39N(2) and (3) provides that a report about an accident or dangerous occurrence must be written, must be provided to the Safety Authority within 3 days of the operator becoming aware of the accident or occurrence (unless otherwise agreed with the Safety Authority), and must contain details as set out in a determination published in the Gazette.

Subregulations 39N(4) and (5) provide that the operator must give the Safety Authority a monthly summary of deaths and injuries occurring at the pipeline, and must maintain records of accidents and of any corrective actions taken.

The note under this regulation clarifies that it relates to incidents that must be reported to the Safety Authority.

Item [14] - Subregulation 40(1)

This item amends subregulation 40(1), removing the requirement to notify incidents within 2 hours, but retaining the requirement that notice be given as soon as practicable.

Item [15] - Subregulation 40(7), at the foot

This item appends a note to regulation 40, clarifying that it relates to incidents that must be reported to the Designated Authority.

Item [16] - After subregulation 45(2)

This item inserts a new subregulation (3) in regulation 45, which requires the Designated Authority to consult with the Safety Authority when considering whether the licensee has adequately consulted with the workforce during the preparation of a pipeline management plan.

Item [17] - After Division 5.3

This item creates a new Division 5.4, which comprises regulation 50 and which establishes new transitional provisions. These transitional provisions are in addition to the existing transitional provisions in Division 5.3.

Subregulation 50(1) requires the Designated Authority to give to the Safety Authority copies of any pipeline management plans that are in force as at 1 January 2005, records of any acceptances or rejections of pipeline management plans and any current reports of accidents and incidents under current regulation 42.

Subregulation 50(2) provides that the Designated Authority must consult with the Safety Authority before providing the records referred to in subregulation (1).

Subregulation 50(3) requires the Designated Authority to give to the Safety Authority copies of any pipeline management plans that are still under consideration at 1 January 2005, together with relevant related documents.

ATTACHMENT D

Details of the Petroleum (Submerged Lands) (Diving Safety) Amendment Regulations 2004 (No. 1)

Regulation 1 - Name of Regulations

This Regulation provides that the Regulations are the Petroleum (Submerged Lands) (Diving Safety) Amendment Regulations 2004 (No. 1).

Regulation 2 - Commencement

This Regulation provides for the Regulations to commence on 1 January 2005, to coincide with the commencement of the amendments made to the Petroleum (Submerged Lands) Act 1967 (the Act) by the Petroleum (Submerged Lands) Amendment Act 2003.

Regulation 3 - Amendment of Petroleum (Submerged Lands) (Diving Safety) Regulations 2002

This Regulation provides that Schedule 1 will amend the Petroleum (Submerged Lands) (Diving Safety) Regulations 2002 (the Principal Regulations).

Schedule 1 - Amendments

Item [1] - Regulation 3

This item makes a minor amendment to regulation 3 "Application", to refer to "petroleum activity" rather than "offshore petroleum operations", consistent with changes made to the Act.

Item [2] - Regulation 4, definition of ADAS

The item amends the definition, to take account of the recent relocation of the Australian Diver Accreditation Scheme outside of the Department of Industry, Tourism and Resources.

Item [3] - Regulation 4, definition of adjacent area

The item omits the definition of adjacent area, as this definition is not necessary in the Principal Regulations.

Item [4] - Regulation 4, definition of Designated Authority

The item omits the definition of Designated Authority, as this definition is not necessary in the Principal Regulations. It also inserts a definition of Commonwealth Waters, by reference to section 150XB of the Act.

Item [5] - Regulation 4, definition of diving operation

This item makes a minor amendment to the definition of diving operation, consistent with changes made to the Act.

Item [6] - Regulation 4, definitions of facility and inspector

This item amends the definition of facility, to correspond to that used in the Act. It also deletes the definition of inspector, as this definition is not necessary in the Principal Regulations.

Item [7] - Regulation 4, definitions of operator and petroleum activity

This item amends the definition of operator, so that it includes the operator of a pipeline, as well as the operator of any other form of facility, where there is diving activity. It deletes the definition of petroleum activity, as this definition is not necessary in the Principal Regulations. It also introduces new definitions as follows:

-       member of the workforce, which has the meaning given by Schedule 7 to the Act;

-       offshore petroleum operations, which has the meaning given by section 150XB of the Act; and

-       OHS inspector, which means a person appointed under section 150YL of the Act.

Item [8] - Regulation 4, definition of petroleum instrument

This item omits the definition of petroleum instrument, as this definition is no longer necessary in the Principal Regulations. It introduces a relevant definition of pipeline, by reference to the definition in Schedule 7 to the Act. It also introduces a definition of pipeline safety management plan, by reference to the definition in the Petroleum (Submerged Lands) (Pipelines) Regulations 2001.

Item [9] - Regulation 4, definitions of relevant Designated Authority and Safety Case

This item replaces the definition of relevant Designated Authority with a definition of Safety Authority, being a reference to the definition in the Act. It also amends the definition of Safety Case used in these regulations, corresponding to amendments to the Petroleum (Submerged Lands) (Management of Safety on Offshore Facilities) Regulations 1996.

Items [10] and [11] - Regulation 5

These items amend regulation 5 so that the definition of diving excludes diving using a snorkel and diving by breath holding, if carried out for the purpose of environmental survey. Diving for the purpose of an environmental survey by means of breath holding or a snorkel only does not present a sufficient risk to require the application of the Principal Regulations.

Item [12] - Paragraph 7(4)(a)

This item amends regulation 7 to clarify the meaning of the term "withdrawn" in relation to a diving safety management system.

Item [13] - Subregulation 8(1)

This item amends subregulation 8(1) so as to indicate that the Safety Authority, rather than the Department of Industry, Tourism and Resources, is responsible for the diving safety guidelines.

Item [14] - Paragraph 8(2)(b)

This item replaces the term employees with the phrase members of the workforce, consistent with amendments to the Act.

Item [15] - Paragraph 11(b)

This item replaces the term employees with the phrase members of the workforce, consistent with amendments to the Act.

Item [16] - Regulation 17, heading

This item replaces the term Designated Authority in the regulation heading with the term Safety Authority, consistent with amendments to the Act.

Item [17] - Regulation 18, heading

This item replaces the term Designated Authority in the regulation heading with the term Safety Authority, consistent with amendments to the Act.

Item [18] - Paragraph 20(1)(c)

This item makes a minor change to the paragraph, replacing "that the diving contractor considers apply to the project" with "that will be applied in carrying out the project". This strengthens the effect of the paragraph.

Item [19] - Paragraph 20(1)(i)

This item adds the phrase "or pipeline safety management plan" after each occurrence of Safety Case, so that the same requirements apply in relation to diving on pipelines as apply to diving at other facilities.

Item [20] - Paragraph 20(1)(j)

This item replaces the term employees with the phrase members of the workforce, consistent with amendments to the Act.

Item [21] - Part 4, heading

This item replaces the term employees with the phrase members of the workforce, consistent with amendments to the Act.

Item [22] - Regulation 22, heading

This item replaces the term employees with the phrase members of the workforce, consistent with amendments to the Act.

Item [23] - Subregulation 22(1)

This item replaces the term employees with the phrase members of the workforce, consistent with amendments made to the Act.

Item [24] - Subregulations 22(2) and (3)

This item deletes subregulation 22(2), as the consultative requirements are addressed either by Schedule 7 to the Act in cases where there is a facility, or by the occupational health and safety laws of a State or the Northern Territory if there is no facility. It also renumbers 22(3) as 22(2), and changes a reference to "Designated Authority" to be a reference to the Safety Authority.

Item [25] - Subregulation 23(1)

This item replaces the term employees with the phrase members of the workforce, consistent with amendments to the Act.

Item [26] - Paragraph 27(1)(c), including the note

This item amends paragraph 27(1)(c), and adds a new paragraph 27(1)(d), so as to better define the types of incidents that the diving supervisor must report to the facility operator, in cases where the diving is taking place at a facility.

The item also adds a new note, which clarifies that, if diving is not at a facility, there are no requirements to report accidents and incidents under the Act, but there may be requirements under other laws to report accidents and incidents to the OHS authority of the State or Northern Territory.

Item [27] - Part 8

This item omits Part 8, which sets out requirements for reporting of diving accidents and incidents. Following the amendments, these requirements are unnecessary; instead, diving supervisors are required to report incidents to the facility or pipeline operator under regulation 27 (see item 26), and the operator then reports report to the Safety Authority under the amended Petroleum (Submerged Lands) (Management of Safety on Offshore Facilities) Regulations 1996, or under the amended Petroleum (Submerged Lands) (Pipelines) Regulations 2001.

Item [28] - After Part 10

This item inserts a new Part 11 setting out transitional provisions.

Division 1 of Part 11 comprises regulation 34, and establishes definitions of Designated Authority and old Regulations for the purpose of this Part.

Division 2 of Part 11 comprises regulations 35 to 38, and establishes transitional provisions in relation to Diving Safety Management Systems:

-       Regulation 35 provides that any Diving Safety Management System (DSMS) that was accepted by a Designated Authority before these amendments take effect will be taken to have been accepted by the Safety Authority on the date that it was accepted by the Designated Authority.

-       Regulation 36 requires each Designated Authority to give to the Safety Authority the prescribed documents and records, specifically: a copy of the register of each DSMS, copies of any notices of acceptance or rejection of each DSMS or revised DSMS (together with reasons for any rejection), copies of any DSMS submitted to the Designated Authority but not yet accepted or rejected, copies of any request by the Designated Authority for a revision of a DSMS (together with any response by the diving contractor). It also requires the Designated Authority to consult with the Safety Authority about these matters before providing the documents and records.

-       Subregulation 37(1) establishes deadlines for making of decisions by the Safety Authority in respect of any DSMS that was submitted to a Designated Authority before these amendments take effect and for which no decision had been made by the Designated Authority. Subregulation 37(2) relates to submissions made by diving contractors in response to a request by a Designated Authority for a revision to a DSMS; where the Designated Authority has not made a decision in relation to such a submission before these amendments take effect, the Safety Authority is required to make the decision.

-       Regulation 38 provides that any request for a DSMS revision that has been issued by a Designated Authority before these amendments take effect will be treated as if issued by the Safety Authority on the date it was issued by the Designated Authority.

Division 3 of Part 11 comprises regulations 39 to 41, and establishes transitional provisions in relation to Diving Project Plans:

-       Regulation 39 provides that any Diving Project Plan that is accepted by a Designated Authority before these amendments take effect is treated as if accepted by the Safety Authority on the date that it was accepted by the Designated Authority.

-       Subregulations 40(1) and (2) require each Designated Authority to give to the Safety Authority a copy of each Diving Project Plan that it has received under the regulations prior to the date the amendments take effect, indicating whether it has accepted the Plan, rejected the Plan or not yet made a decision. Subregulation 40(3) requires the Safety Authority either a) to give a copy of the Plan to the operator of the facility where the diving project is located or b) if there is no facility, to make a decision to accept or reject the plan. Subregulation 40(4) provides that any request by a Designated Authority for a copy of a Diving Project Plan that is made before the amendments take effect is treated as if made by the Safety Authority on the date that it was made by the Designated Authority.

-       Regulation 41 relates to cases where there is no operator prior to the date the amendments take effect, but there is an operator subsequently, for example as a result of the change in the definition of facility. If the diving project is expected to continue for at least 4 weeks, the Safety Authority must give a copy of the Plan to the operator, and the operator must decide whether to approve or reject the Plan within 2 weeks of the copy being provided. Subregulation (4) makes it an offence for the operator to allow the diving to continue if the operator has not approved the Plan in the above circumstances. The penalty for this offence is 50 penalty units. The Crimes Act 1914 establishes that a penalty currently has a value of $110.

Division 4 of Part 11 comprises regulation 42, and requires the Designated Authority to give to the Safety Authority a copy of each start-up notice that it has received prior to the amendments taking effect, other than those related to diving projects that are completed.

Item [29] - Further Amendments - Safety Authority

This item furthers amend the regulations, to change any remaining references to "Designated Authority" or to "relevant designated Authority", so as to be references to the Safety Authority.


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