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This is a Bill, not an Act. For current law, see the Acts databases.


PETROLEUM (SUBMERGED LANDS) AMENDMENT BILL 2011

                      Western Australia


Petroleum (Submerged Lands) Amendment
               Bill 2011

                         CONTENTS


 1.    Short title                                              2
 2.    Commencement                                             2
 3.    Act amended                                              2
 4.    Section 4 amended                                        2
 5.    Section 125 amended                                      3
 6.    Section 126 amended                                      3
 7.    Section 137A amended                                     3
 8.    Part IIIA Division 1 heading deleted                     3
 9.    Section 151A deleted                                     3
 10.   Section 151C deleted                                     3
 11.   Part IIIA Division 2 heading deleted                     4
 12.   Section 151E amended                                     4
 13.   Sections 151F and 151G deleted                           5
 14.   Part IIIA Divisions 3, 4 and 5 deleted                   5
 15.   Schedule 3 Division 2 inserted                           5
       Division 2 -- Provisions for Petroleum (Submerged
                  Lands) Amendment Act 2011                5
       6.         Interpretation of references to Safety
                  Authority in regulations                 5
 16.   Schedule 5 clause 2 amended                              6
 17.   Schedule 5 clause 26 amended                             6
 18.   Schedule 5 clause 33 amended                             6
 19.   Schedule 5 clause 38 amended                             6
 20.   Schedule 5 clause 43 amended                             7
 21.   Schedule 5 clause 45 amended                             7
 22.   Schedule 5 clause 46 amended                             7
 23.   Schedule 5 clause 47 amended                             8
 24.   Schedule 5 Division 4 Subdivision 3 heading
       amended                                                  9
 25.   Schedule 5 clause 49 amended                             9

                           242--1                               page i
Petroleum (Submerged Lands) Amendment Bill 2011



Contents



      26.    Schedule 5 clause 50 amended                   9
      27.    Schedule 5 clause 51 amended                  10
      28.    Schedule 5 clause 53 amended                  10
      29.    Schedule 5 clause 54 amended                  10
      30.    Schedule 5 clause 59 amended                  11
      31.    Schedule 5 clause 64 amended                  11
      32.    Schedule 5 Division 4 Subdivision 5 heading
             amended                                       11
      33.    Schedule 5 clause 78 amended                  11
      34.    Various references in Schedule 5 to "OHS
             inspector" amended                            12
      35.    Various references in Schedule 5 to "Safety
             Authority" amended                            13




page ii
                           Western Australia


                      LEGISLATIVE COUNCIL



   Petroleum (Submerged Lands) Amendment
                  Bill 2011


                               A Bill for


An Act to amend the Petroleum (Submerged Lands) Act 1982.



The Parliament of Western Australia enacts as follows:




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     Petroleum (Submerged Lands) Amendment Bill 2011



     s. 1




1    1.         Short title
2               This is the Petroleum (Submerged Lands) Amendment Act 2011.

3    2.         Commencement
4               This Act comes into operation as follows --
5                (a) sections 1 and 2 -- on the day on which this Act
6                      receives the Royal Assent;
7                (b) the rest of the Act -- on a day fixed by proclamation,
8                      and different days may be fixed for different provisions.

9    3.         Act amended
10              This Act amends the Petroleum (Submerged Lands) Act 1982.

11   4.         Section 4 amended
12        (1)   In section 4 delete the definitions of:
13              listed OSH law
14              OHS inspector
15              Safety Authority
16        (2)   In section 4 insert in alphabetical order:
17

18                    listed OSH law means --
19                       (a) section 124B, to the extent to which that section
20                            relates to --
21                               (i) damage to, or interference with, a
22                                    facility; or
23                              (ii) interference with any operation or
24                                    activity being carried out, or any works
25                                    being executed, on, by means of, or in
26                                    connection with, a facility;




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                         Petroleum (Submerged Lands) Amendment Bill 2011



                                                                            s. 5



1                        or
2                 (b)    Schedule 5; or
3                 (c)    a regulation made for the purposes of
4                        Schedule 5; or
5                 (d)    a regulation made for the purposes of
6                        section 151D; or
7                  (e)   any other written law relating to occupational
8                        safety and health matters that is prescribed for
9                        the purposes of this paragraph;
10


11   5.    Section 125 amended
12         In section 125(1) delete "except Part IIIA".

13   6.    Section 126 amended
14         In section 126(1) delete "Act other than Part IIIA," and insert:
15

16         Act,
17


18   7.    Section 137A amended
19         In section 137A(2)(c) delete "the Safety Authority or".

20   8.    Part IIIA Division 1 heading deleted
21         Delete the heading to Part IIIA Division 1.

22   9.    Section 151A deleted
23         Delete section 151A.

24   10.   Section 151C deleted
25         Delete section 151C.




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     Petroleum (Submerged Lands) Amendment Bill 2011



     s. 11



1    11.         Part IIIA Division 2 heading deleted
2                Delete the heading to Part IIIA Division 2.

3    12.         Section 151E amended
4          (1)   In section 151E:
5                  (a) delete "The Safety Authority" and insert:
6

7                (1)     The Minister
8

9                 (b)     delete paragraph (a);
10                (c)     delete paragraph (d) and insert:
11

12                        (d)   to investigate accidents, occurrences and
13                              circumstances that affect, or have the potential
14                              to affect, the occupational safety and health of
15                              persons engaged in offshore petroleum
16                              operations;
17

18                (d)     in paragraph (e) delete "its" and insert:
19

20                        the Minister's
21

22                 (e)    in paragraph (e) delete "operations;" and insert:
23

24                        operations.
25

26                 (f)    delete paragraphs (f) and (g).




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                                Petroleum (Submerged Lands) Amendment Bill 2011



                                                                                s. 13



1          (2)    At the end of section 151E insert:
2

3                 (2)    The Minister has power to do all things necessary or
4                        convenient to be done for or in connection with the
5                        performance of the Minister's functions.
6

7                 Note: The heading to amended section 151E is to read:

8                       Minister's occupational safety and health functions

9    13.          Sections 151F and 151G deleted
10                Delete sections 151F and 151G.

11   14.          Part IIIA Divisions 3, 4 and 5 deleted
12                Delete Part IIIA Divisions 3, 4 and 5.

13   15.          Schedule 3 Division 2 inserted
14                At the end of Schedule 3 insert:
15


16           Division 2 -- Provisions for Petroleum (Submerged Lands)
17                    Amendment Act 2011

18           6.          Interpretation of references to Safety Authority in
19                       regulations
20                (1)    This clause applies to these regulations --
21                         (a) the Petroleum (Submerged Lands) (Diving Safety)
22                               Regulations 2007;
23                         (b) the Petroleum (Submerged Lands) (Management of
24                               Safety on Offshore Facilities) Regulations 2007;
25                         (c) the Petroleum (Submerged Lands) (Occupational
26                               Safety and Health) Regulations 2007;
27                         (d) the Petroleum (Submerged Lands) (Pipelines)
28                               Regulations 2007.




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     Petroleum (Submerged Lands) Amendment Bill 2011



     s. 16



1             (2)   On and from the commencement of the Petroleum
2                   (Submerged Lands) Amendment Act 2011 section 12, a
3                   reference in the regulations to which this clause applies to
4                   the Safety Authority is to be taken, unless the context
5                   otherwise requires, to be a reference to the Minister.
6             (3)   This clause expires 12 months after the commencement
7                   referred to in subclause (2).
8

9    16.      Schedule 5 clause 2 amended
10            At the end of Schedule 5 clause 2 delete "Safety Authority." and
11            insert:
12

13            Minister.
14

15   17.      Schedule 5 clause 26 amended
16            Delete Schedule 5 clause 26(b)(ii) and insert:
17

18                            (ii)     inspectors.
19

20   18.      Schedule 5 clause 33 amended
21            In Schedule 5 clause 33(1)(a)(iii) delete "OHS inspector or to the
22            Safety Authority" and insert:
23

24            inspector
25

26   19.      Schedule 5 clause 38 amended
27            In Schedule 5 clause 38(1) delete "the Safety Authority or an OHS
28            inspector" and insert:
29

30            an inspector
31


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                                Petroleum (Submerged Lands) Amendment Bill 2011



                                                                              s. 20



1    20.         Schedule 5 clause 43 amended
2          (1)   In Schedule 5 clause 43(4) delete "the Safety Authority or an OHS
3                inspector" and insert:
4

5                an inspector
6

7          (2)   In Schedule 5 clause 43(6) delete "OHS inspector or the Safety
8                Authority" and insert:
9

10               inspector
11

12   21.         Schedule 5 clause 45 amended
13               In Schedule 5 clause 45(2):
14                 (a) delete "Safety Authority" and insert:
15

16                       Minister
17

18                (b)    delete "unless it" and insert:
19

20                       unless the Minister
21

22   22.         Schedule 5 clause 46 amended
23               At the end of Schedule 5 clause 46 delete "Safety Authority." and
24               insert:
25

26               Minister.
27




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     Petroleum (Submerged Lands) Amendment Bill 2011



     s. 23



1    23.         Schedule 5 clause 47 amended
2          (1)   In Schedule 5 clause 47(1) delete "OHS inspector" and insert:
3

4                inspector
5

6          (2)   In Schedule 5 clause 47(2):
7                  (a) delete "Safety Authority" and insert:
8

9                        Minister
10

11                (b)    delete "OHS inspectors" (each occurrence) and insert:
12

13                       inspectors
14

15                 (c)   delete "it does" and insert:
16

17                       the Minister does
18

19         (3)   In Schedule 5 clause 47(3):
20                 (a) delete "Safety Authority" and insert:
21

22                       Minister
23

24                (b)    delete "it does" and insert:
25

26                       the Minister does
27




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                          Petroleum (Submerged Lands) Amendment Bill 2011



                                                                            s. 24



1            (c)     delete "OHS inspector" (each occurrence) and insert:
2

3                    inspector
4

5          Note: The heading to amended Schedule 5 clause 47 is to read:

6                  Powers, functions and duties of inspectors

7    24.   Schedule 5 Division 4 Subdivision 3 heading amended
8          In the heading to Schedule 5 Division 4 Subdivision 3 delete
9          "OHS".

10   25.   Schedule 5 clause 49 amended
11         In Schedule 5 clause 49(2):
12           (a) in paragraph (c) delete "OHS inspector's" and insert:
13

14                   inspector's
15

16           (b)     in paragraph (d) delete "Safety Authority's" and insert:
17

18                   Minister's
19


20   26.   Schedule 5 clause 50 amended
21         In Schedule 5 clause 50(2):
22           (a) in paragraph (a) delete "OHS inspector's" and insert:
23

24                   inspector's
25

26           (b)     in paragraph (b) delete "Safety Authority's" and insert:
27

28                   Minister's
29




                                                                           page 9
     Petroleum (Submerged Lands) Amendment Bill 2011



     s. 27



1    27.       Schedule 5 clause 51 amended
2              In Schedule 5 clause 51(3):
3                (a) in paragraph (b) delete "OHS inspector's" and insert:
4

5                        inspector's
6

7                (b)     in paragraph (c)(i) delete "Safety Authority's" and insert:
8

9                        Minister's
10


11   28.       Schedule 5 clause 53 amended
12             In Schedule 5 clause 53:
13               (a) delete "OHS inspector" and insert:
14

15                       inspector
16

17               (b)     delete "OHS inspector's" and insert:
18

19                       inspector's
20

21             Note: The heading to amended Schedule 5 clause 53 is to read:

22                     Obstructing or hindering inspector
23


24   29.       Schedule 5 clause 54 amended
25             In Schedule 5 clause 54(1)(f) delete "OHS inspector's" and
26             insert:
27

28             inspector's
29




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                               Petroleum (Submerged Lands) Amendment Bill 2011



                                                                                 s. 30



1    30.         Schedule 5 clause 59 amended
2                In Schedule 5 clause 59(3)(a) delete "OHS inspector's" and
3                insert:
4

5                inspector's
6


7    31.         Schedule 5 clause 64 amended
8          (1)   In Schedule 5 clause 64(2)(a) delete "OHS inspector's" and
9                insert:
10

11               inspector's
12

13         (2)   In Schedule 5 clause 64(3):
14                 (a) delete "Safety Authority" and insert:
15

16                       Minister
17

18                (b)    delete "it wishes" and insert:
19

20                       the Minister wishes
21


22   32.         Schedule 5 Division 4 Subdivision 5 heading amended
23               In the heading to Schedule 5 Division 4 Subdivision 5 delete
24               "OHS".

25   33.         Schedule 5 clause 78 amended
26         (1)   Delete Schedule 5 clause 78(1) and insert:
27

28               (1)    Proceedings for an offence against a listed OSH law may be
29                      instituted by an inspector, but an inspector is not to be


                                                                             page 11
     Petroleum (Submerged Lands) Amendment Bill 2011



     s. 34



1                      personally responsible for any costs incurred by or awarded
2                      against the inspector in connection with any proceeding for
3                      an offence against a listed OSH law.
4

5          (2)   In Schedule 5 clause 78(2) delete "the Safety Authority" and
6                insert:
7

8                an inspector
9

10         (3)   In Schedule 5 clause 78(3) delete "the Safety Authority" (each
11               occurrence) and insert:
12

13               an inspector
14

15         (4)   In Schedule 5 clause 78(5) delete "The Safety Authority" and
16               insert:
17

18               An inspector
19


20   34.         Various references in Schedule 5 to "OHS inspector"
21               amended
22               In Schedule 5 in the provisions listed in the Table delete "OHS
23               inspector" (each occurrence) and insert:
24

25               inspector
26

27                                         Table
       Sch. 5 cl. 2                            Sch. 5 cl. 33(1)(a)(iv) and (c)(i)

       Sch. 5 cl. 34(4)(a)                     Sch. 5 cl. 38(2), (3), (4), (6)(a)
                                               and (8)

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                              Petroleum (Submerged Lands) Amendment Bill 2011



                                                                                 s. 35




       Sch. 5 cl. 39(1)(b)(i)                Sch. 5 cl. 43(5)

       Sch. 5 cl. 44(b)(ii)                  Sch. 5 cl. 46

       Sch. 5 cl. 48(1) and (2)              Sch. 5 cl. 49(1), (2) and (3)

       Sch. 5 cl. 50(1) and (2)              Sch. 5 cl. 51(1), (2), (3), (4)
                                             and (5)

       Sch. 5 cl. 52(1)                      Sch. 5 cl. 54(1) and (2)

       Sch. 5 cl. 55(1) and (3)              Sch. 5 cl. 57(1), (2), (3), (4)
                                             and (5)

       Sch. 5 cl. 58(1), (2), (3), (5)       Sch. 5 cl. 59(1), (5) and (7)
       and (6)

       Sch. 5 cl. 60(2), (3) and (4)         Sch. 5 cl. 61(1), (4)(a), (5)
                                             and (8)

       Sch. 5 cl. 64(1) and (2)(b)           Sch. 5 cl. 65(1), (3) and (9)

       Sch. 5 cl. 77(1)(g)(ii)

1            Note: The heading to amended Schedule 5 clause 65 is to read:

2                   Reviews of decisions of inspectors
3


4    35.      Various references in Schedule 5 to "Safety Authority"
5             amended
6             In Schedule 5 in the provisions listed in the Table delete "Safety
7             Authority" (each occurrence) and insert:
8

9             Minister
10




                                                                               page 13
    Petroleum (Submerged Lands) Amendment Bill 2011



    s. 35



1                                 Table
      Sch. 5 cl. 25(2) and (8)        Sch. 5 cl. 29(1)

      Sch. 5 cl. 34(2)                Sch. 5 cl. 45(1)

      Sch. 5 cl. 48(2)                Sch. 5 cl. 64(1), (4) and (5)

      Sch. 5 cl. 71(1)                Sch. 5 cl. 72(1)




 


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