Queensland Consolidated Regulations

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Petroleum and Gas (Production and Safety) Regulation 2004


TABLE OF PROVISIONS

           Contents

           Chapter 1--Preliminary

           Part 1--Introduction

   1.      Short title
   2.      Commencement

           Part 2--Interpretation and inspection of documents

   3.      Dictionary
   4.      Where documents mentioned in this regulation can be inspected

           Part 3--Preliminary matters prescribed for the Act

   5.      Substances that are petroleum
   6.      Substances that are fuel gas
   6AA.    Substances prescribed for Act, s 402
   6A.     Devices prescribed for Act, section 724(1), definition gas device (type A)
   7.      Mandatory and preferred standards for particular safety requirements
   7AA.    References to CSG operator in construction and abandonment code
   7A.     Person must give inspector evidence of risk level for preferred standard
   8.      Prescribed quality for fuel gas
   9.      Prescribed odour for fuel gas
   10.     Activities prescribed for definition of operating plant
   11.     Prescribed incidents

           Chapter 2--Exploring for and producing petroleum

           Part 1--Reporting

           Division 1--Content of reports and notices required under the Act
           Subdivision 1--Preliminary

   12.     Definitions for div 1
           Subdivision 2--Proposed initial work programs and development plans
   13.     Proposed authority to prospect—proposed initial work program
   14.     Proposed petroleum lease—proposed initial development plan
           Subdivision 2A--Testing
   14A.    Notice of ATP production testing—Act, s 71A
   14B.    Notice of ATP storage testing—Act, s 71B(2)(a)
   14C.    Notice of stopping of testing—Act, s 71C
   14D.    Notice of PL production testing—Act, s 150A(2)(a)
   14E.    Notice of PL storage testing—Act, s 150C(2)(a)
   14F.    Notice of stopping of testing—Act, s 150E
           Subdivision 3--Change to production commencement day
   15.     Shorter period to change production commencement day—Act, s 175AA(b)
           Subdivision 4--Drilling, or converting petroleum well to, bore
   19.     Notice of conversion
   19A.    Prescribed information for notice about bore to Water Act regulator
           Subdivision 5--Relinquishment
   20.     Relinquishment report for an authority to prospect
   21.     Relinquishment report for a petroleum lease
           Subdivision 6--End of tenure
   22.     End of tenure report
           Subdivision 6A--End of authority
   22A.    End of authority report
           Subdivision 7--Annual reports
   27.     Annual report for a petroleum facility licence or pipeline licence
           Subdivision 8--Surrenders
   28.     Surrender report for a petroleum lease
   29.     Surrender report for a pipeline licence

           Division 2--Other notices and reports
           Subdivision 1--Preliminary

   30.     Purpose of div 2
           Subdivision 2--Notices
   30A.    Owners and occupiers to be given copy of notices required to be lodged under this subdivision
   31.     Notice of intention to drill a petroleum well or bore
   32.     Notice of completion, alteration or abandonment of petroleum well or bore
   33.     Notice of intention to carry out seismic survey or scientific or technical survey
   34.     Notice of completion of seismic survey or scientific or technical survey
   35.     Notice of intention to carry out hydraulic fracturing activities
   35A.    Notice of completion of hydraulic fracturing activities
           Subdivision 3--Well and bore reports
   36.     Daily drilling report
   37.     Well or bore completion report
   38.     Well or bore abandonment report
           Subdivision 4--Survey reports
   39.     Seismic survey report
   40.     Scientific or technical survey report
           Subdivision 5--Petroleum reports
   41.     Definition for sdiv 5
   42.     How particular volumes must be stated in reports
   43.     Petroleum production report—petroleum lease
   44.     Petroleum reserves report
   45.     Production testing report
           Subdivision 6--Hydraulic fracturing activities completion report
   46A.    Hydraulic fracturing activities completion report

           Division 3--Other matters relating to records and samples

   47.     Samples required to be kept
   48.     Cutting samples
   49.     Cores
   50.     Fluid samples
   51.     Confidentiality of required information for petroleum tenure holders
   52.     Publication of required information
   52A.    Record of supply of gas from PGPLR land—Act, s 175H(2)

           Part 2--Safety requirements

   53.     Purpose of pt 2
   54.     Operating plant used for drilling
   54AAA.  Tenure holder to ensure compliance with construction and abandonment code
   54AA.   Operator to ensure competency requirements are met
   54A.    General requirements for training and supervision
   54B.    Training program for persons using well completion equipment
   54C.    Requirements for job safety analysis in particular circumstances
   54D.    Emergency shut down system for devices that are sources of ignition
   54E.    Requirement to keep bore pressure low when using well completion equipment
   55.     Requirement to survey the surface location and elevation of a prescribed well
   56.     Survey plan to be submitted to chief executive
   57.     Additional downhole survey required if prescribed well or bore intersects a coal seam
   58.     Processed natural gas transported through a pipeline
   58A.    Stated pipeline licence incidental activities

           Part 3--Other requirements

           Division 1--Additional requirements for safety management systems
           Subdivision 1--Drilling operating plant

   59.     Operation of sdiv 1
   59A.    Particular risk assessment for drilling near coal mining areas
   59B.    Requirement for identification of, and controls for, ignition sources for safety management system
   59C.    Standard operating procedures for well completion equipment
           Subdivision 2--Operating plant for processing etc. petroleum
   59D.    Lower flammable limit alarm levels for unplanned or uncontrolled gas releases

           Division 2--Other requirements for wells, bores and holes

   59E.    Drilling, or converting petroleum well to, bore
   60.     Plugging and abandoning a petroleum well or bore
   61.     Requirement to plug shot holes
   61A.    Manufacturer's instructions for well completion equipment

           Division 3--Measuring and reporting the taking of non-associated water

   61B.    Requirements for measuring the taking of non-associated water—Act, s 186(4)
   61C.    Requirements for reporting the taking of non-associated water—Act, s 186(4)
   61D.    Chief executive may review alternative method

           Chapter 3--Safety provisions relating to coal mining

           Part 1--Preliminary

   62.     Purpose of ch 3
   63.     Application of ch 3
   64.     Definitions for ch 3
   65.     Additional requirements relating to coal mining for safety management system
   66.     Description of location of particular hazards in safety reports
   67.     Coal seam gas potential hazard guide

           Part 2--Safety requirements

           Division 1--Requirements for all operating plants

   68.     Steel casing not to be used in particular horizontal wells
   69.     Requirement to remove particular equipment from coal seam
   70.     Requirement to cement particular voids in a prescribed well

           Division 2--Additional requirements for operating plants in or adjacent to the area of a coal mining lease

   71.     Application of div 2
   72.     Requirement to stop and not resume particular activities

           Division 2A--Safety provisions relating to overlapping coal and petroleum resource authorities

   72A.    Definition for division
   72B.    Additional information required for joint interaction management plan—co-ordination of obligations
   72C.    Requirements for providing information about hydraulic fracturing
   72D.    Requirements for vehicle safety
   72E.    Requirements for wells, bores and voids
   72F.    Additional safety requirement—casing for wells and bores
   72G.    Additional safety requirement—requirement to remove particular equipment from wells and bores
   72H.    Additional safety requirement—requirement to fill wells, bores and voids

           Part 3--Other requirements

   73.     Additional requirement for operator of an operating plant in or adjacent to the area of a coal mining lease

           Part 4--Exemptions

   74.     Definitions for pt 4
   75.     Chief inspector may give exemption
   76.     Application for exemption
   77.     Notice of application to be given to relevant coal or oil shale mining tenement holder
   78.     Consideration of application by chief inspector
   79.     Chief inspector to decide application

           Chapter 4--Pipelines

   80.     Requirement for strategic pipeline to be inspected
   81.     Requirement for decommissioning pipelines

           Chapter 5--Fuel gas

           Part 1--Distribution of fuel gas

           Division 1--Safety requirements

   82.     Purpose of div 1
   83.     Fuel gas network operator must minimise leakages of fuel gas
   84.     Required gauge pressure
   84A.    Safety requirement for network operator to supply fuel gas to gas system
   85.     Testing, inspection and maintenance of fuel gas containers
   86.     Operator of LPG delivery network must ensure only particular persons supply LPG through the network

           Division 2--Other requirements for fuel gas network operators

   87.     Fuel gas network operator must arrange attendance for particular incidents
   88.     Fuel gas network operator must keep records
   88A.    LPG delivery network operator must give chief inspector contact details

           Division 3--Safety requirements for automotive LPG sites

   88B.    Purpose of div 3
   88C.    Definitions for div 3
   88D.    Safety management system for automotive LPG site
   88E.    Restrictions on product supplier supplying automotive LPG
   88F.    Product supplier must give chief inspector contact details

           Division 4--Generic SMS

   88G.    Prescription of generic SMS

           Part 2--Gas systems supplied with fuel gas by a fuel gas network

   89.     Application of pt 2
   90.     Requirements to be complied with before carrying out particular gas work
   91.     Persons to be given copy of relevant certificate for installation at operating plant
   91A.    Prescribed persons, installation stage and period for giving gas compliance certificate for installation not at operating plant—Act, s 734
   91B.    Prescribed compliance plate and related matters for gas system installation—Act, s 734
   92.     Requirements to be complied with before supplying fuel gas to a gas system
   93.     General obligations of owner of a gas system
   94.     User must report safety concerns to owner of gas system
   95.     Owner of gas system must address user's safety concern

           Part 3--Gas systems in vehicles and vessels and for stationary engines

           Division 1--Preliminary

   97.     Definitions for pt 3

           Division 2--Gas fuel systems

   97A.    Application of div 2
   98.     New vehicle or vessel must not be offered for sale without gas inspection certificate or gas compliance plate
   99.     Copy of gas inspection certificate to be given to new owner of used vehicle or vessel
   100.    Owner of commercial vehicle or vessel must ensure its gas fuel system is inspected and certified
   100A.   Prescribed persons, installation stage and period for giving gas inspection certificate for installation—Act, s 734
   101.    Issue of gas inspection certificate for gas fuel system in vehicle or vessel or for stationary engine
   102.    Certification for alterations to a gas fuel system in a vehicle or vessel or for a stationary engine
   103.    Labelling requirements for LPG gas fuel systems in vehicles
   104.    Use of gas fuel system for propulsion of a vessel
   105.    Requirements for owner of vehicle or vessel or for a stationary engine
   105A.   Non-application of ss 98 to 100 to owner of vehicle or vessel in exempt area
   105AB.  Person selling or transferring vehicle or vessel without a gas inspection certificate must advise

           Division 3--Other gas systems

   105B.   Application of div 3
   105C.   New vehicle or vessel must not be offered for sale without a gas compliance certificate
   105D.   Copy of gas compliance certificate to be given to new owner of used vehicle or vessel
   105E.   Owner of commercial vehicle or vessel must ensure its gas systems are inspected and certified
   105EA.  Prescribed person and installation stage for giving gas compliance certificate for installation—Act, s 734
   105F.   Issue of compliance certificates for gas systems in vehicle or vessel
   105G.   Certification by person who alters a gas system in a vehicle or vessel

           Part 3A--Other plant and equipment

   105H.   Application of pt 3A
   105I.   Persons to be given copy of relevant certificate for installation at operating plant
   105J.   Prescribed person and installation stage for giving gas compliance certificate for installation not at operating plant—Act, s 734

           Part 4--General provisions relating to fuel gas

           Division 1--Provisions about gas work

   106.    Gas work carried out by holder of gas work licence or authorisation
   107.    Repair of gas work that does not comply with the Act

           Division 2--Safety requirements

   109.    Transporting cylinders in vehicles
   110.    Installing particular cylinders in enclosed spaces
   111.    Installing gas devices in caravans
   112.    Cylinders used in hot air balloons

           Division 3--Other requirements

   113.    Requirements for using flammable hydrocarbon gases for refrigeration or air conditioning
   113A.   Additional requirements for safety management systems—lower flammable limit alarm levels for unplanned or uncontrolled gas releases

           Division 4--Offences relating to fuel gas

   114.    Offence to transfer LPG between fuel gas containers in residential areas
   115.    Offence to tamper with a gas system
   115A.   Causing existing gas system to not comply with safety requirements
   115B.   Water heaters—registration and labelling

           Part 5--Gas work licences and authorisations

   115C.   Definitions for pt 5
   116.    Qualifications or experience for gas work licences and gas work authorisations—Act, s 728C(2)(a)
   117.    Particular apprentices and trainees taken to be holders of gas work licence
   118.    Annual fee payable by holder of gas work licence or gas work authorisation
   120.    Types of gas work authorisations
   122.    What gas work authorisation (industrial appliances) authorises
   123.    What gas work authorisation (major project) authorises
   124.    What gas work authorisation (motor fuel) authorises
   125.    What gas work authorisation (servicing) authorises
   126A.   Notice of change in circumstances
   126B.   Returning suspended or cancelled gas work licence or authorisation to chief inspector
   126C.   Existing gas work licence or authorisation taken to be in force while application is considered

           Chapter 6--Miscellaneous

           Part 1--Measurement

   127.    Requirements for measurement scheme
   128.    Tolerance for error for a meter
   129.    Other requirements for accuracy of meter—100TJ to 1PJ
   130.    Other requirements for accuracy of meter—over 1PJ
   131.    Requirement for gas pressure regulator
   132.    Metering factors

           Part 2--Fees, rents and royalties etc.

           Division 1--Preliminary

   133.    Fees generally
   134.    Payment of annual licence fee for pipeline or petroleum facility licence
   134AAA. Payment of annual fee for national energy market regulation

           Division 2--Safety and health fees
           Subdivision 1--Purpose of fees and liability to pay fees

   134A.   Purpose of safety and health fees
   134AA.  Estimation and publication of safety and health costs
   135.    Who is liable to pay a safety and health fee
   135A.   Who is not liable to pay a safety and health fee
           Subdivision 3--Lodgement of safety and health fee return and payment of fee
   139.    Requirement to lodge safety and health fee return
   139A.   Requirements for safety and health fee return
   140.    Fee for late lodgement of safety and health fee return
   141.    Requirement for invoice to be given
   142.    Invoice may be reissued if incorrect
   142AA.  Date for payment
   142A.   Interest payable on unpaid fees
   143.    Notice may be given to liable person if return not lodged or is inadequate
           Subdivision 4--Overpayment of safety and health fee
   144.    Refund of overpayment of safety and health fee

           Division 3--Rents

   145.    Annual rent
   146.    Storage rent payable by owner of stored petroleum or prescribed storage gas

           Division 4--Petroleum royalty
           Subdivision 1--Prescribed matters for petroleum royalty

   146A.   Royalty return period
   147.    When and how petroleum royalty payable—royalty return period
   147A.   Working out monthly payments for petroleum royalty generally
   147B.   Election to change monthly payments
   147BA.  When petroleum royalty payable—annual royalty return
   147C.   Rate of petroleum royalty payable
   148.    Working out wellhead value of petroleum
           Subdivision 2--Working out components of wellhead value of petroleum in particular circumstances
   148A.   Definitions for subdivision
   148B.   Application by petroleum producer for petroleum royalty decision
   148C.   Petroleum royalty decision on Minister's own initiative
   148D.   Considerations in making petroleum royalty decisions
   148E.   Petroleum royalty decision
   148F.   Using expired petroleum royalty decision to work out wellhead value of petroleum in particular circumstances and Minister's obligation to reassess
           Subdivision 2A--Amendment and review of petroleum royalty decisions
   148G.   Petroleum producer to advise Minister of particular matters affecting petroleum royalty decision
   148H.   Minister may amend petroleum royalty decision in particular circumstances
   148I.   Notice of amendment
   148J.   Application for review of petroleum royalty decision or amendment of petroleum royalty decision
   148K.   Review decision
   148L.   Notice of review decision
   148M.   Minister must reassess amount of particular petroleum royalty payable
           Subdivision 3--Royalty return
   149.    Information to be contained in royalty return
           Subdivision 4--Royalty estimate
   149A.   Application of sdiv 4
   149B.   What notice must contain
   149C.   Form of and information to be included in royalty estimate
   149D.   Minister may request information to support royalty estimate
           Subdivision 4A--Civil penalty
   149E.   Imposition of civil penalty—Act, s 604A
   149F.   Notice of civil penalty
   149G.   Civil penalty not payable if proceeding for offence started
           Subdivision 4B--Unpaid royalty interest
   149H.   Unpaid royalty interest rate—Act, s 602(3)(a)
   149I.   Working out unpaid royalty interest on petroleum royalty payable for royalty return period—Act, s 602(4)

           Division 5--Other matters

   150.    Security for petroleum authorities
   151.    Prescribed interest rate for amounts owing to the State other than for petroleum royalty

           Part 3--Other provisions

   152.    Required level of knowledge for resources and reserves of petroleum
   153.    Required level of knowledge for a deposit of coal or oil shale
   154A.   Prescribed way for making applications or giving or lodging documents
   155.    Conversion of 1923 Act lease number 201 to petroleum lease

           Chapter 7--Transitional and saving provisions

           Part 1--Transitional and savings provisions for SL No. 309 of 2004

           Division 1--Transitional provisions relating to the Gas (Residual Provisions) Regulation 1989

   156.    Definitions for div 1
   157.    Approval for non-conforming gas
   158.    Approval of gas devices etc.
   159.    Continuing effect of certificates of compliance
   160.    Approval of plans and specifications for particular installations
   161.    Effect of existing approval of vessel's gas system
   162.    Continuing effect of exemption

           Division 2--Other transitional provisions

   163.    Continued application of Petroleum Act 1923 in relation to drilling of particular wells
   164.    Audit and inspection fee for 2004–2005 financial year

           Part 2--Transitional provisions for the Petroleum and Gas (Production and Safety) Amendment Regulation (No. 1) 2007

   165.    Person not required to give notice about use of preferred standard for existing activity or thing
   166.    Application of provision about competency requirements for drilling rig workers

           Part 3--Transitional provision for the Mines and Energy Legislation Amendment Regulation (No. 2) 2008

   167.    Payment of annual rent for a particular period

           Part 4--Transitional provision for the Mines and Energy Legislation Amendment Regulation (No. 4) 2008

   168.    Payment of annual licence fee

           Part 5--Transitional provision for the Mines and Energy Legislation Amendment Regulation (No. 2) 2010

   169.    Confidentiality period for required information lodged before commencement

           Part 6--Transitional provision for Petroleum and Gas (Production and Safety) Amendment Regulation (No. 2) 2010

   170.    Safety and health fee return for 2010–2011 year

           Part 7--Transitional provisions for Petroleum and Other Legislation Amendment Regulation (No. 1) 2011

   171.    Existing intention to drill a petroleum well or bore
   172.    Confidentiality period for report about hydraulic fracturing activities lodged before commencement

           Part 8--Transitional provision for Resources Legislation and Another Regulation Amendment Regulation (No. 1) 2012

   173.    Application of s 149H—unpaid royalty interest rate

           Part 9--Transitional provisions for Natural Resources and Mines Legislation Amendment Regulation (No. 1) 2013

   174.    Superseded version of amended mandatory or preferred standard taken to apply until changeover date
   175.    Superseded version of amended transmission pipeline standard applies for pipeline being constructed

           Part 10--Transitional provision for Petroleum and Gas (Production and Safety) Amendment Regulation (No. 1) 2013

   176.    Estimation and publication of safety and health costs for 2013–14 financial year

           Part 11--Transitional provision for Petroleum Legislation Amendment Regulation (No. 1) 2015

   177.    Particular samples not required to be kept

           Part 12--Transitional provisions for Revenue Legislation Amendment Regulation (No. 1) 2016

   178.    Definitions for part
   179.    Existing applications for petroleum royalty decisions
   180.    Existing petroleum royalty decisions
   181.    Review by Minister of pre-commencement decisions on or after right to amend day

           Part 13--Transitional provision for Mineral and Energy Resources (Common Provisions) Regulation 2016

   182.    Application of joint interaction management plan provisions
           SCHEDULE 1--MANDATORY AND PREFERRED STANDARDS FOR SAFETY REQUIREMENTS
           SCHEDULE 2--PRESCRIBED INCIDENTS
           SCHEDULE 3--REQUIREMENTS FOR PLUGGING AND ABANDONING PETROLEUM WELLS AND BORES

           Part 1--Preliminary
           1. Definitions for sch 3

           Part 2--Requirements for all wells and bores
           2. Abandonment to be consistent with good industry practice
           3. Capping of well or bore
           4. Casing to be sealed

           Part 3--Additional requirements for wells and bores, other than horizontal wells
           5. Isolation of aquifers and porous formations
           6. Casing of prescribed well or bore
           7. Cement to be used for plugs etc.
           8. Requirement for packer left in prescribed well or bore
           9. Fluid to be left in prescribed well or bore
           10. Requirements if steel casing or drill string is left in coal seam

           Part 4--Additional requirement for horizontal wells
           11. Requirement for liner
           SCHEDULE 4--COAL SEAM GAS POTENTIAL HAZARD GUIDE
           SCHEDULE 5--STRATEGIC PIPELINES
           SCHEDULE 6--GAS DEVICES (TYPE A)
           SCHEDULE 7--SAFETY REQUIREMENTS FOR TRANSPORTING CYLINDERS IN VEHICLES

           Part 1--Preliminary
           1. Meaning of enclosed vehicle

           Part 2--Transporting LPG cylinders
           2. Application of pt 2
           3. Prohibition on carrying 30L cylinders in enclosed vehicles
           4. Restriction on carrying 9kg cylinders in enclosed vehicles
           5. No more than 2 cylinders may be carried at a time
           6. Requirements for transporting cylinders in enclosed vehicles

           Part 3--Provisions for supply of LPG
           7. Cylinders for supply of LPG must have screw plugs
           8. Cylinders not to be overfilled
           9. Signage required at places where cylinders are filled or exchanged

           Part 4--Labelling of cylinders
           10. Labelling of cylinders

           Part 5--Signage of vehicles transporting particular cylinders
           11. Requirement for filling or supplying particular cylinders
           SCHEDULE 8--REQUIREMENTS FOR USING FLAMMABLE HYDROCARBONS FOR REFRIGERATION OR AIR CONDITIONING
           1. Definitions for sch 8
           2. Requirements for applications for approval of relevant gas device under the Act, s 733(1)
           3. Requirements for safety report
           4. Application of other safety requirements to flammable hydrocarbon gas
           5. Safety requirements for gas fittings used with flammable hydrocarbon gases
           6. Safety requirements for installation of flammable hydrocarbon gas in a relevant gas device
           SCHEDULE 9--FEES

           Part 1--Petroleum tenure fees

           Part 2--Data acquisition authority and water monitoring authority fees

           Part 3--Transfer fees

           Part 4--Survey licence, pipeline licence and petroleum facility licence fees

           Part 5--General petroleum authority fees payable under chapter 5 of the Act

           Part 6--Gas work licence and gas work authorisation fees

           Part 7--Other fees mentioned in Act

           Part 8--Safety and health fees
           1. Drilling wells
           2. Well completion or maintenance work
           3. Exploration
           4. Producing petroleum under a petroleum lease or 1923 Act lease
           5. Petroleum facilities
           6. Facility used to carry out a GHG storage activity
           7. Pipelines
           8. Operating a distribution system
           10. Particular LPG delivery network that is operating plant
           11. Product supplier of automotive LPG
           12. Tanker delivery carrier
           13. Major consumer
           14. Biogas or gas derived from a waste disposal tip or during treatment of sewage

   15.     Entertainment events
   16.     Late fees
           SCHEDULE 10--ANNUAL RENT
           SCHEDULE 12--DICTIONARY


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