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This is a Bill, not an Act. For current law, see the Acts databases.
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: page 1 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; page 2 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. page 3 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). page 4 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. page 5 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 page 6 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 page 7 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 page 8 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 page 10 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) page 12 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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