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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Petroleum and Geothermal Energy Safety
Levies Bill 2011
CONTENTS
Part 1 -- Preliminary
1. Short title 2
2. Commencement 2
3. Terms used 2
Part 2 -- Safety levies
Division 1 -- Safety management system levy
4. Safety management system levy 5
5. Liability for payment of safety management
system levy 5
6. Amount of safety management system levy 5
Division 2 -- Safety case levy
7. Safety case levy 6
8. Liability for payment of safety case levy 6
9. Amount of safety case levy 6
Part 3 -- Assessment and recovery of
safety levies
10. Assessment of safety levy 7
11. Payment of safety levy 7
12. Penalty for non-payment of safety levy 7
13. Recovery of safety levy and penalty amount 8
Part 4 -- Objections and review
14. Objection 9
15. Determination of objection 9
16. Review of decision on objection 9
227--2 page i
Petroleum and Geothermal Energy Safety Levies Bill 2011
Contents
17. Liability to pay not affected by objection 9
Part 5 -- Information and records
18. CEO may require information and records 10
19. Incriminating information 11
20. False or misleading information 11
Part 6 -- Other matters
21. Petroleum and Geothermal Energy Safety Levies
Account 13
22. Delegation 13
23. Confidentiality 14
24. Protection from liability 14
25. Evidentiary value of assessment notice 15
26. Regulations 15
Defined Terms
page ii
Western Australia
LEGISLATIVE ASSEMBLY
(As amended during consideration in detail)
Petroleum and Geothermal Energy Safety
Levies Bill 2011
A Bill for
An Act to provide for levies in relation to petroleum operations,
geothermal energy operations and pipeline operations, and for
related purposes.
The Parliament of Western Australia enacts as follows:
page 1
Petroleum and Geothermal Energy Safety Levies Bill 2011
Part 1 Preliminary
s. 1
1 Part 1 -- Preliminary
2 1. Short title
3 This is the Petroleum and Geothermal Energy Safety Levies
4 Act 2011.
5 2. Commencement
6 This Act comes into operation as follows --
7 (a) sections 1 and 2 -- on the day on which this Act
8 receives the Royal Assent;
9 (b) the rest of the Act -- on a day fixed by proclamation,
10 and different days may be fixed for different provisions.
11 3. Terms used
12 In this Act, unless the contrary intention appears --
13 assessment means an assessment of an amount of safety levy
14 under section 10;
15 assessment notice means --
16 (a) a notice given under section 10(1)(b); or
17 (b) a notice of reassessment given in accordance with the
18 regulations;
19 CEO means the chief executive officer of the department;
20 department means the department of the Public Service
21 principally assisting in the administration of this Act;
22 geothermal energy operation has the meaning given in the
23 Petroleum and Geothermal Energy Resources Act 1967
24 section 5(1);
25 levy period means a period prescribed as the period in respect of
26 which a safety levy is payable;
27 licensee, in relation to a pipeline operation, has the meaning
28 given in the Petroleum Pipelines Act 1969 Schedule 1 clause 3;
29 objection means an objection under section 14(1);
page 2
Petroleum and Geothermal Energy Safety Levies Bill 2011
Preliminary Part 1
s. 3
1 operator, in relation to a petroleum operation or geothermal
2 energy operation, has the same meaning as it has in the
3 Petroleum and Geothermal Energy Resources Act 1967;
4 penalty amount means an amount payable under section 12(1);
5 petroleum operation has the meaning given in the Petroleum
6 and Geothermal Energy Resources Act 1967 section 5(1);
7 PGERA regulations means regulations made for the purposes
8 of the Petroleum and Geothermal Energy Resources Act 1967
9 section 149B;
10 pipeline operation has the meaning given in the Petroleum
11 Pipelines Act 1969 section 4(1) as affected by the Barrow
12 Island Act 2003 section 11;
13 PPA regulations means regulations made for the purposes of
14 the Petroleum Pipelines Act 1969 section 56B;
15 prescribed means prescribed by the regulations;
16 reassessment means a reassessment of an amount of safety levy
17 in accordance with the regulations;
18 record means any document or record of information,
19 irrespective of how the information is recorded or stored or able
20 to be recovered and includes --
21 (a) any thing from which images, sounds or writings can be
22 reproduced, with or without the aid of anything else; and
23 (b) any thing on which information is recorded or stored,
24 whether electronically, magnetically, mechanically or by
25 some other means;
26 revised safety case has the same meaning as it has in the
27 PPA regulations;
28 revised safety management system has the same meaning as it
29 has in the PGERA regulations;
30 safety case has the same meaning as it has in the
31 PPA regulations;
page 3
Petroleum and Geothermal Energy Safety Levies Bill 2011
Part 1 Preliminary
s. 3
1 safety case in force, for a pipeline operation, means a safety
2 case or revised safety case --
3 (a) that has been accepted in relation to the operation by the
4 Minister responsible for the administration of the
5 Petroleum Pipelines Act 1969; and
6 (b) the acceptance of which has not been withdrawn,
7 and includes any condition imposed under the PPA regulations
8 in respect of the operation;
9 safety case levy means the levy referred to in section 7;
10 safety levy means --
11 (a) the safety management system levy; or
12 (b) the safety case levy;
13 safety management system has the same meaning as it has in
14 the PGERA regulations;
15 safety management system in force, for a petroleum operation
16 or geothermal operation, means a safety management system or
17 revised safety management system --
18 (a) that has been accepted in relation to the operation by the
19 Minister responsible for the administration of the
20 Petroleum and Geothermal Energy Resources Act 1967;
21 and
22 (b) the acceptance of which has not been withdrawn,
23 and includes any condition imposed under the
24 PGERA regulations in respect of the operation;
25 safety management system levy means the levy referred to in
26 section 4.
page 4
Petroleum and Geothermal Energy Safety Levies Bill 2011
Safety levies Part 2
Safety management system levy Division 1
s. 4
1 Part 2 -- Safety levies
2 Division 1 -- Safety management system levy
3 4. Safety management system levy
4 (1) If, for the whole or a part of a levy period, there is a safety
5 management system in force for a petroleum operation or
6 geothermal energy operation, a levy is payable in respect of the
7 safety management system.
8 (2) The levy is payable in accordance with the regulations.
9 5. Liability for payment of safety management system levy
10 (1) The person liable to pay the safety management system levy in
11 respect of a safety management system in force for a petroleum
12 operation is the operator of the petroleum operation.
13 (2) The person liable to pay the safety management system levy in
14 respect of a safety management system in force for a geothermal
15 energy operation is the operator of the geothermal energy
16 operation.
17 6. Amount of safety management system levy
18 (1) The amount of safety management system levy payable is the
19 amount that is specified in, or worked out in accordance with,
20 the regulations.
21 (2) The regulations may specify different amounts of safety
22 management system levy, or different means of working out
23 amounts of safety management system levy, for different classes
24 of safety management system.
page 5
Petroleum and Geothermal Energy Safety Levies Bill 2011
Part 2 Safety levies
Division 2 Safety case levy
s. 7
1 Division 2 -- Safety case levy
2 7. Safety case levy
3 (1) If, for the whole or a part of a levy period, there is a safety case
4 in force for a pipeline operation, a levy is payable in respect of
5 the safety case.
6 (2) The levy is payable in accordance with the regulations.
7 8. Liability for payment of safety case levy
8 The person liable to pay the safety case levy in respect of a
9 safety case in force for a pipeline operation is the licensee of the
10 pipeline operation.
11 9. Amount of safety case levy
12 (1) The amount of safety case levy payable is the amount that is
13 specified in, or worked out in accordance with, the regulations.
14 (2) The regulations may specify different amounts of safety case
15 levy, or different means of working out amounts of safety case
16 levy, for different classes of safety case.
page 6
Petroleum and Geothermal Energy Safety Levies Bill 2011
Assessment and recovery of safety levies Part 3
s. 10
1 Part 3 -- Assessment and recovery of safety levies
2 10. Assessment of safety levy
3 (1) The CEO must --
4 (a) assess the amount of safety levy that is payable; and
5 (b) give a notice to each of the persons liable to pay a safety
6 levy specifying --
7 (i) the amount of safety levy payable; and
8 (ii) the day on which the safety levy is payable; and
9 (iii) any other matter required by the regulations.
10 (2) The CEO may make an assessment on the basis of information
11 obtained or provided under this Act, the Petroleum and
12 Geothermal Energy Resources Act 1967 or the Petroleum
13 Pipelines Act 1969.
14 (3) Subsection (2) does not limit the material to which the CEO can
15 have regard when making an assessment.
16 11. Payment of safety levy
17 (1) An amount of safety levy becomes due and payable on the day
18 specified in, or worked out in accordance with, the regulations.
19 (2) A safety levy is payable to the CEO.
20 12. Penalty for non-payment of safety levy
21 (1) If an amount of safety levy remains unpaid after the day on
22 which it becomes due and payable, the person liable to pay the
23 safety levy is liable to pay to the CEO, in addition to the amount
24 of safety levy, an amount calculated at the prescribed rate on the
25 amount of safety levy from time to time remaining unpaid.
26 (2) The CEO may waive, in whole or in part, a penalty amount if
27 the CEO considers that there are good reasons for doing so.
page 7
Petroleum and Geothermal Energy Safety Levies Bill 2011
Part 3 Assessment and recovery of safety levies
s. 13
1 13. Recovery of safety levy and penalty amount
2 The following amounts may be recovered by the CEO in a court
3 of competent jurisdiction as debts due to the State --
4 (a) an amount of safety levy that remains unpaid after the
5 day on which it becomes due and payable;
6 (b) a penalty amount that remains unpaid.
page 8
Petroleum and Geothermal Energy Safety Levies Bill 2011
Objections and review Part 4
s. 14
1 Part 4 -- Objections and review
2 14. Objection
3 (1) A person may object to an assessment notice given to the
4 person --
5 (a) on the ground that the person is not liable to pay the
6 safety levy to which the notice relates; or
7 (b) on the ground that there is an error in the assessment or
8 reassessment of the amount of safety levy payable; or
9 (c) on a prescribed ground (if any).
10 (2) An objection must be made to the CEO in writing within the
11 prescribed period or any longer period that the CEO may allow.
12 (3) An objection must --
13 (a) identify the person making the objection; and
14 (b) give details of the grounds of the objection; and
15 (c) comply with any other prescribed requirements.
16 15. Determination of objection
17 The CEO must consider and make a decision on an objection in
18 accordance with the regulations.
19 16. Review of decision on objection
20 A person who is dissatisfied with a decision of the CEO on an
21 objection may apply to the State Administrative Tribunal for a
22 review of the decision.
23 17. Liability to pay not affected by objection
24 A person's liability to pay an amount of safety levy, or a penalty
25 amount, is not affected by the making of an objection.
page 9
Petroleum and Geothermal Energy Safety Levies Bill 2011
Part 5 Information and records
s. 18
1 Part 5 -- Information and records
2 18. CEO may require information and records
3 (1) The CEO, for the purposes of the administration and
4 enforcement of this Act, may do any of the following --
5 (a) direct a person --
6 (i) to give such information as the CEO requires; or
7 (ii) to answer a question put to the person;
8 (b) direct a person to produce a record in the person's
9 custody or under the person's control;
10 (c) examine and make a copy of a record produced in
11 response to a direction under paragraph (b).
12 (2) A direction under subsection (1)(a) --
13 (a) may be given orally or in writing to the person required
14 to give the information or answer; and
15 (b) must specify the time at or within which the information
16 or answer is to be given; and
17 (c) may require that the information or answer --
18 (i) be given orally or in writing; or
19 (ii) be given at or delivered to a place specified in
20 the direction; or
21 (iii) in the case of written information or a written
22 answer, be delivered by means specified in the
23 direction; or
24 (iv) be verified by statutory declaration.
25 (3) A direction under subsection (1)(b) --
26 (a) must be given in writing to the person required to
27 produce the record; and
28 (b) must specify the time at or within which the record is to
29 be produced; and
page 10
Petroleum and Geothermal Energy Safety Levies Bill 2011
Information and records Part 5
s. 19
1 (c) may require that the record be produced --
2 (i) at a place specified in the direction; and
3 (ii) by means specified in the direction.
4 (4) A person to whom a direction is given under subsection (1)
5 must not, without reasonable excuse, fail to comply with the
6 direction.
7 Penalty: a fine of $20 000.
8 19. Incriminating information
9 (1) An individual is not excused from giving information,
10 answering a question or producing a record when directed to do
11 so under section 18 on the ground that the information, answer
12 to the question, or production of the record, might tend to
13 incriminate the individual or make the individual liable to a
14 penalty.
15 (2) However --
16 (a) the information or answer given or record produced; or
17 (b) giving the information, answering the question or
18 producing the record; or
19 (c) any information, document or thing obtained as a direct
20 or indirect consequence of giving the information,
21 answering the question or producing the record,
22 is not admissible in evidence against the individual --
23 (d) in any civil proceedings; or
24 (e) in any criminal proceedings other than proceedings for
25 perjury or an offence against section 20.
26 20. False or misleading information
27 (1) A person must not, in compliance or purported compliance with
28 a direction under section 18 or any other requirement under this
29 Act, do any of the things set out in subsection (2).
30 Penalty: a fine of $20 000.
page 11
Petroleum and Geothermal Energy Safety Levies Bill 2011
Part 5 Information and records
s. 20
1 (2) The things to which subsection (1) applies are --
2 (a) making a statement that the person knows is false or
3 misleading in a material particular; or
4 (b) making a statement that is false or misleading in a
5 material particular, with reckless disregard as to whether
6 or not the statement is false or misleading in a material
7 particular; or
8 (c) providing, or causing to be provided, information that
9 the person knows is false or misleading in a material
10 particular; or
11 (d) providing, or causing to be provided, information that is
12 false or misleading in a material particular, with reckless
13 disregard as to whether or not the information is false or
14 misleading in a material particular.
page 12
Petroleum and Geothermal Energy Safety Levies Bill 2011
Other matters Part 6
s. 21
1 Part 6 -- Other matters
2 21. Petroleum and Geothermal Energy Safety Levies Account
3 (1) An agency special purpose account called the Petroleum and
4 Geothermal Energy Safety Levies Account (the Account) is to
5 be established for the department under the Financial
6 Management Act 2006 section 16.
7 (2) The Account must be credited with the following --
8 (a) any safety levy paid or recovered;
9 (b) any penalty amount paid or recovered.
10 (3) Moneys held in the Account must be applied in payment of the
11 costs and expenses incurred in the administration and
12 enforcement of these enactments --
13 (a) this Act;
14 (b) each listed OSH law as defined in the Petroleum and
15 Geothermal Energy Resources Act 1967 section 5(1);
16 (c) each listed OSH law as defined in the Petroleum
17 Pipelines Act 1969 section 4(1).
18 22. Delegation
19 (1) The CEO may delegate to a public service officer in the
20 department any power or duty of the CEO under another
21 provision of this Act.
22 (2) The delegation must be in writing signed by the CEO.
23 (3) A person to whom a power or duty is delegated under this
24 section cannot delegate that power or duty.
25 (4) A person exercising or performing a power or duty that has been
26 delegated to the person under this section is to be taken to do so
27 in accordance with the terms of the delegation unless the
28 contrary is shown.
page 13
Petroleum and Geothermal Energy Safety Levies Bill 2011
Part 6 Other matters
s. 23
1 (5) Nothing in this section limits the ability of the CEO to perform
2 a function through an officer or agent.
3 23. Confidentiality
4 A person who is or has been engaged in the performance of
5 functions under this Act must not, directly or indirectly, record,
6 disclose or make use of any information obtained in the
7 performance of those functions except --
8 (a) for the purpose of, or in connection with, performing
9 functions under this Act or another written law; or
10 (b) as required or allowed by this Act or another written
11 law; or
12 (c) with the written consent of the Minister or the person to
13 whom the information relates; or
14 (d) for the purpose of any proceedings before a court or the
15 State Administrative Tribunal arising out of the
16 operation of this Act; or
17 (e) in prescribed circumstances.
18 Penalty: a fine of $20 000.
19 24. Protection from liability
20 (1) An action in tort does not lie against a person for anything that
21 the person has done, in good faith, in the performance or
22 purported performance of a function under this Act.
23 (2) The protection given by subsection (1) applies even though the
24 thing done as described in that subsection may have been
25 capable of being done whether or not this Act had been enacted.
26 (3) Despite subsection (1), the State is not relieved of any liability
27 that it might have for another person having done anything as
28 described in that subsection.
29 (4) In this section a reference to the doing of anything includes a
30 reference to the omission to do anything.
page 14
Petroleum and Geothermal Energy Safety Levies Bill 2011
Other matters Part 6
s. 25
1 25. Evidentiary value of assessment notice
2 An assessment notice (or a copy of an assessment notice) is
3 admissible as evidence in proceedings under this Act and, in the
4 absence of proof to the contrary, is proof of the following --
5 (a) the making of the assessment;
6 (b) the amount of safety levy assessed;
7 (c) the identity of the person liable to pay the safety levy;
8 (d) when payment of the safety levy is due;
9 (e) any other fact stated in the notice.
10 26. Regulations
11 (1) The Governor may make regulations prescribing all matters that
12 are --
13 (a) required or permitted by this Act to be prescribed; or
14 (b) necessary or convenient to be prescribed for giving
15 effect to the purposes of this Act.
16 (2) Without limiting subsection (1), the regulations may --
17 (a) provide for the amount of safety levy payable to be
18 worked out on such basis, and in accordance with such
19 factors, as are prescribed; and
20 (b) provide for the classification of safety management
21 systems and safety cases; and
22 (c) without limiting paragraph (b), authorise or require the
23 CEO to determine the classification of a safety
24 management system or safety case for the purposes of
25 assessing the amount of safety levy payable in respect of
26 the safety management system or safety case; and
27 (d) deal with the assessment of the amount of safety levy
28 payable and the procedure for assessment; and
29 (e) deal with the reassessment of the amount of safety levy
30 payable and the procedure for reassessment; and
page 15
Petroleum and Geothermal Energy Safety Levies Bill 2011
Part 6 Other matters
s. 26
1 (f) provide for the payment and recovery of amounts, or the
2 refund of amounts, after reassessment; and
3 (g) provide for matters relating to the determination of
4 objections, and the review of decisions on objections,
5 under Part 4; and
6 (h) provide for the keeping of records by persons who are or
7 may be liable to pay a safety levy; and
8 (i) provide for review by the State Administrative Tribunal
9 of decisions made under the regulations; and
10 (j) provide that contravention of a regulation is an offence
11 and, for an offence against the regulations, provide for a
12 penalty not exceeding a fine of $10 000.
page 16
Petroleum and Geothermal Energy Safety Levies Bill 2011
Defined Terms
Defined Terms
[This is a list of terms defined and the provisions where they are defined.
The list is not part of the law.]
Defined Term Provision(s)
Account.......................................................................................................... 21(1)
assessment ............................................................................................................3
assessment notice..................................................................................................3
CEO ......................................................................................................................3
department ............................................................................................................3
geothermal energy operation ................................................................................3
levy period ............................................................................................................3
licensee .................................................................................................................3
objection ...............................................................................................................3
operator.................................................................................................................3
penalty amount .....................................................................................................3
petroleum operation ..............................................................................................3
PGERA regulations ..............................................................................................3
pipeline operation .................................................................................................3
PPA regulations ....................................................................................................3
prescribed .............................................................................................................3
reassessment .........................................................................................................3
record....................................................................................................................3
revised safety case ................................................................................................3
revised safety management system.......................................................................3
safety case.............................................................................................................3
safety case in force ...............................................................................................3
safety case levy.....................................................................................................3
safety levy.............................................................................................................3
safety management system ...................................................................................3
safety management system in force ......................................................................3
safety management system levy ...........................................................................3
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