Victorian Consolidated Regulations

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PETROLEUM (SUBMERGED LANDS) REGULATIONS 2004

S.R. No. 175/2004
Version incorporating amendments as at 28 March 2008

TABLE OF PROVISIONS

           Regulation Page

   PART 1-PRELIMINARY

   101.    Objective
   102.    Authorising provision
   103.    Commencement
   104.    Revocation
   105.    Definitions
   106.    Forms, notices and reports

   PART 2-FEES

   201.    General fees
   202.    Fees for Register extracts, documents or certificates
   203.    Permit fees
   204.    Lease fees
   205.    Licence fees
   206.    Pipeline licence fees
   207.    Infrastructure licence fees

   PART 3-TRANSFERS AND DEALINGS

   301.    Form of transfer of a title
   302.    Application for approval of dealing

   PART 4-INFORMATION REQUIRED

   401.    Particulars relating to a petroleum discovery
   402.    Determination of the composition and quantity of petroleum discovered
   403.    Survey of wells, structures or equipment

   PART 5-DATA MANAGEMENT

           Division 1-Preliminary

   501.    Objects
   502.    Definitions
   503.    Protected confidential information
   504.    Protected derivative information
   505.    Contested information
   506.    Notice inviting objections to the disclosure of information
   507.    Application of Part

           Division 2-Holder's general duties

   508.    Undertaking activity without DMP or permission
   509.    Undertaking activity with DMP or permission

           Division 3-Information requirements

   510.    Information-general
   511.    Information-wells
   512.    Information-geophysical surveys
   513.    Information-geological and geochemical surveys

           Division 4-Data Management Plans
           Subdivision 1-Approval of DMP

   514.    Request for approval of DMP
   515.    Contents of DMP
   516.    Decision on DMP
   517.    Status of DMP submitted or accepted in parts
           Subdivision 2-Variation of DMP
   518.    Request by holder for variation of DMP
   519.    Decision on request for variation
   520.    Requirement by Minister to vary DMP
   521.    Objection to requirement to vary
   522.    Decision on objection
           Subdivision 3-Operation of DMP
   523.    Commencement of DMP and revisions of DMP
   524.    Termination of DMP

           Division 5-Undertaking activity without accepted DMP

   525.    Application for approval to undertake activity without accepted DMP
   526.    Decision on application

           Division 6-Access to documentary information and petroleum mining samples
           Subdivision 1-Documentary information (other than contested information) and petroleum mining samples

   527.    Making documentary information (other than excluded information) publicly known after relevant day
   528.    Making details of petroleum mining samples publicly known after relevant day
   529.    Making documentary information known-prior availability
   530.    Making details of petroleum mining samples known-prior availability
   531.    Making documentary information known-non-confidential derivative information
           Subdivision 2-Contested information
   532.    Making documentary information known-contested
           information
   533.    Arrangements relating to objections
           Subdivision 3-Fees for release of information and samples
   534.    Fees for release of documentary information and samples
   535.    Fees for release of petroleum mining samples

           Division 7-Miscellaneous

   536.    Safe storage of documentary information and petroleum mining samples

           Division 8-Transitional arrangements

   537.    Documentary information or petroleum mining sample given to the Minister before the commencement of this Part

   PART 6-OCCUPATIONAL HEALTH AND SAFETY

           Division 1-Preliminary

   601.    Object
   602.    Relationship with other Parts
   603.    Definitions

           Division 2-Regulations relating to health and safety

   604.    Avoiding fatigue
   605.    Possession or control of drugs or intoxicants
   606.    Person must leave the facility when instructed to do so
   607.    Prohibition on the use of certain hazardous substances
   608.    Limitations on exposure to certain hazardous substances
   609.    Exposure to noise
   610.    Exemptions from hazardous substances and noise requirements

           Division 3-Elections of health and safety representatives
           Subdivision 1-Returning officer

   611.    Appointment of returning officer
           Subdivision 2-The poll
   612.    Number of votes
   613.    Right to secret ballot
   614.    Conduct of poll by secret ballot
   615.    Conduct of poll if no request made for secret ballot
   616.    If no candidate is elected
           Subdivision 3-Polling by secret ballot
   617.    Ballot-papers
   618.    Distribution of ballot papers
   619.    Manner of voting by secret ballot
           Subdivision 4-The count
   620.    Envelopes given to returning officer
   621.    Scrutineers
   622.    Returning officer to be advised of scrutineers
   623.    Persons present at the count
   624.    Conduct of the count
   625.    Prescribed manner of drawing of lots
   626.    Informal ballot-papers
   627.    Completion of the count
   628.    Destruction of election material
           Subdivision 5-Result of election
   629.    Request for recount
   630.    Irregularities at election
   631.    Result of poll

           Division 4-Advice, investigations and inquiries

   632.    Taking samples for testing etc.
   633.    Form of certain notices

           Division 5-Exemptions from the requirements in Part 3 of Schedule 7 to the Act

   634.    Orders under clause 45 of Schedule 7 to the Act

           Division 6-State laws that do not apply

   635.    Prescribed occupational health and safety laws

           Division 7-Miscellaneous

   636.    Service of notices

   PART 7-MANAGEMENT OF SAFETY ON OFFSHORE FACILITIES

           Division 1-Preliminary

   701.    Object
   702.    Relationship with other Parts
   703.    Definitions

           Division 2-Operators

   704.    Nomination of operator
   705.    Acceptance or rejection of nomination of operator
   706.    Register of operators

           Division 3-Safety cases
           Subdivision 1-Contents of safety case

   707.    Facility description, formal safety assessment and safety management system
   708.    Implementation and improvement of the safety management system
   709.    Standards to be applied
   710.    Command structure
   711.    Members of the workforce must be competent
   712.    Permit to work system for safe performance of various activities
   713.    Involvement of members of the workforce
   714.    Design, construction, installation, maintenance and modification
   715.    Medical and pharmaceutical supplies and services
   716.    Machinery and equipment
   717.    Drugs and intoxicants
   718.    Evacuation, escape and rescue analysis
   719.    Fire and explosion risk analysis
   720.    Emergency communications systems
   721.    Control systems
   722.    Emergency preparedness
   723.    Pipelines
   724.    Vessel and aircraft control
   725.    Arrangements for records
           Subdivision 2-Submission and acceptance of safety cases
   726.    Safety case to be submitted to Safety Authority
   727.    Safety Authority may request more information
   728.    Acceptance or rejection of a safety case
   729.    Notice of decision on safety case
   730.    Consent to undertake work outside of the requirements of the safety case
   731.    Duties under Part 2 of Schedule 7 to the Act
           Subdivision 3-Revised safety cases
   732.    Revision of a safety case because of a change of circumstances
           or operations
   733.    Revision on request by the Safety Authority
   734.    Revision after 5 years
   735.    Safety Authority may request more information
   736.    Acceptance or rejection of a revised safety case
   737.    Notice of decision on revised safety case
   738.    Effect of rejection of revised safety case
           Subdivision 4-Withdrawal of acceptance of a safety case
   739.    Grounds for withdrawal of acceptance
   740.    Notice before withdrawal of acceptance
           Subdivision 5-Exemptions
   741.    Safety Authority may give an exemption

           Division 4-Validation

   742.    Validation of design, construction and installation, significant modification or decommissioning of a facility

           Division 5-Notifying and reporting accidents and dangerous occurrences

   743.    Prescribed period of incapacity
   744.    Meaning of dangerous occurrence
   745.    Reporting accidents and dangerous occurrences

           Division 6-Penalty provisions

   746.    Facility must have registered operator
   747.    Safety case required for the relevant stage in the life of a
           facility
   748.    Work on a facility must comply with the safety case
   749.    New health and safety risk
   750.    Maintaining records
   751.    Person on a facility must comply with safety case
   752.    Interference with accident sites

           Division 7-Miscellaneous

   753.    Details in applications or submissions

   PART 8-PIPELINES

           Division 1-Preliminary

   801.    Object
   802.    Definitions
   803.    Meaning of validation
   804.    Relationship with other Parts

           Division 2-Operators

   805.    Nomination of operator
   806.    Acceptance or rejection of nomination of operator
   807.    Register of operators
   808.    Pipeline must have registered operator

           Division 3-Consents to construct and operate a pipeline
           Subdivision 1-Consent to construct

   809.    Consent to construct required to construct a pipeline
   810.    Matters to be agreed before pipeline licensee applies for
           consent to construct
   811.    Application for consent to construct
   812.    Deciding an application for a consent to construct
   813.    Construction must comply with pipeline management plan
   814.    Notice of route followed by pipeline
           Subdivision 2-Consent to operate
   815.    Consent to operate required before a pipeline is operated
   816.    Matters to be agreed before pipeline licensee applies for
           consent to operate
   817.    Application for consent to operate
   818.    Deciding an application for a consent to operate
   819.    Operation must comply with pipeline management plan
   820.    Using pipeline to convey compositions of petroleum
           Subdivision 3-Modifying or decommissioning a pipeline
   821.    Modifying or decommissioning a pipeline

           Division 4-Pipeline management plans
           Subdivision 1-Acceptance of a pipeline management plan

   822.    Submission of a pipeline management plan
   823.    Handling pipeline management plan
   824.    Time limit for accepting or not accepting a pipeline
           management plan
   825.    Acceptance of a pipeline management plan
           Subdivision 2-Contents of a pipeline management plan
   826.    Contents of a pipeline management plan
   827.    Description of safety policy
   828.    Description of pipeline
   829.    Description of pipeline management system
   830.    Statement of standards
   831.    Arrangements for documents
   832.    Arrangements for reporting
           Subdivision 3-Revision of a pipeline management plan
   833.    Revision because of a change, or proposed change, of circumstances or operations
   834.    Revision on request by the Minister
   835.    Revision at the end of each 5 years
   836.    Form of proposed revision
   837.    Time limit for accepting or not accepting a proposed revision
   838.    Acceptance of a proposed revision of a pipeline management plan
   839.    Effect of non-acceptance of proposed revision
           Subdivision 4-Withdrawal of acceptance of a pipeline
           management plan
   840.    Withdrawal of acceptance of a pipeline management plan
   841.    Steps to be taken before withdrawal of acceptance
   842.    Withdrawal of acceptance not affected by other provisions

           Division 5-Pipeline safety management plans
           Subdivision 1-Preliminary

   843.    Definition
           Subdivision 2-Acceptance of a pipeline safety management plan
   844.    Consideration of a pipeline safety management plan
   845.    Notice to pipeline licensee about a pipeline safety management plan
   846.    Revision of a pipeline management plan-request by the
           Safety Authority concerning a pipeline safety management
           plan
   847.    Submission about proposed revision of a pipeline management plan
   848.    Proposed revision of a pipeline management plan
   849.    Notice to pipeline licensee about proposed revision of a
           pipeline safety management plan
           Subdivision 3-Withdrawal of acceptance of a pipeline safety management plan
   850.    Request for withdrawal of acceptance of a pipeline
           management plan
   851.    Steps to be taken before request for withdrawal of acceptance
   852.    Withdrawal of acceptance of a pipeline management plan on request

           Division 6-Notifying and reporting accidents and dangerous occurrences

   853.    Prescribed period of incapacity
   854.    Meaning of dangerous occurrence
   855.    Reporting accidents and dangerous occurrences
   856.    Reportable incidents
   857.    Dealing with documents
   858.    Reporting to Minister

           Division 7-Miscellaneous
           Subdivision 1-Requirements about workers

   859.    Competence of workers
   860.    Awareness of legislation
   861.    Involvement of workers in pipeline management plan
           Subdivision 2-Providing information
   862.    Notice of contact details
   863.    Minister may decline to consider application or submission if information is not given
           Subdivision 3-Transitional
   864.    Application of Part to licences granted before 1 November
   2001.   
   PART 9-DIVING SAFETY

           Division 1-Preliminary

   901.    Application
   902.    Definitions
   903.    Meaning of diving
   904.    When a diving operation begins and ends

           Division 2-Diving Safety Management Systems

   905.    No diving without DSMS
   906.    Contents of DSMS
   907.    Acceptance of new DSMS
   908.    Acceptance of revised DSMS
   909.    Grounds for rejecting DSMS
   910.    Notice of reasons
   911.    Register of DSMSs
   912.    Revision of DSMS
   913.    Notice to revise DSMS

           Division 3-Diving project plans

   914.    Diving project plan to be approved
   915.    Diving project plan to Safety Authority if there is no operator
   916.    Diving project plan to Safety Authority if requested
   917.    Updating diving project plan
   918.    Contents of diving project plan
   919.    No diving without approved diving project plan

           Division 4-Involvement of divers and members of the workforce

   920.    Involvement of divers and members of the workforce in
           DSMS and diving project plan

           Division 5-Safety responsibilities

   921.    Safety responsibilities of diving contractors
   922.    Safety in the diving area
   923.    Diving depths

           Division 6-Diving supervisors

   924.    Appointment of diving supervisors
   925.    Duties of diving supervisors

           Division 7-Start-up notices

   926.    Start-up notice

           Division 8-Diving operations

   927.    Divers in diving operations
   928.    Medical certificates

           Division 9-Records

   929.    Diving operations record
   930.    Divers' log books

   PART 10-DATUMS

   1001.   Definition
   1002.   Declaration of current datum (Act s151T)
   1003.   Variation of instruments (Act s151W)
   1004.   Variation of titles etc. (Act s151W)
   1005.   Variation of applications for titles (Act s151X)
   1006.   Documents submitted to Minister
   1007.   Documents made or prepared under Act etc.
   1008.   Transitional provisions (Act s151Z)

   PART 11-MANAGEMENT OF THE ENVIRONMENT

           Division 1-Preliminary

   1101.   Object
   1102.   Definitions
   1103.   References to a petroleum activity

           Division 2-Environment plans
           Subdivision 1-Requirement for an environment plan

   1104.   Accepted environment plan required for a petroleum
           activity
   1105.   Operations must comply with the accepted environment
           plan
   1106.   Operations must not continue where new environmental
           risk etc.
           Subdivision 2-Acceptance of an environment plan
   1107.   Submission of an environment plan
   1108.   Time limit for accepting or not accepting an environment
           plan
   1109.   Acceptance of an environment plan
           Subdivision 3-Contents of an environment plan
   1110.   Contents of an environment plan
   1111.   Environmental assessment
   1112.   Implementation strategy for the environment plan
   1113.   Reporting etc. arrangements
   1114.   Other information in the environment plan
           Subdivision 4-Revision of an environment plan
   1115.   Revision because of a change, or proposed change, of circumstances or operations
   1116.   Revision on request by the Minister
   1117.   Revision at the end of each 5 years
   1118.   Form of proposed revision
   1119.   Consideration of proposed revision
   1120.   Effect of non-acceptance of proposed revision
           Subdivision 5-Withdrawal of acceptance of an environment plan
   1121.   Withdrawal of acceptance of environment plan
   1122.   Steps to be taken before withdrawal of acceptance
   1123.   Withdrawal of acceptance not affected by other provisions

           Division 3-Incidents, reports and records

   1124.   Incidents, reports and records
   1125.   Storage of records
   1126.   Making records available

           Division 4-Miscellaneous
           Subdivision 1-Discharges of produced formation water

   1127.   Discharges of produced formation water
           Subdivision 2-Operators of activities
   1128.   Definition
   1129.   Notification of appointment of operator
   1130.   Operator to give details
   1131.   No requirement to give information more than once
   1132.   Minister may decline to consider submission if information is
           not given
   1133.   Minister to keep register
           __________________
           SCHEDULE 1-Regulations Revoked
           SCHEDULE 2-Prescribed Fees
           SCHEDULE 3-Form of Transfer of Title
           SCHEDULE 4-Requirements for DMP

   PART 1-INFORMATION AND STATEMENTS

   PART 2-REPORTS

   201.    Daily report
   202.    Weekly report
   203.    Monthly report
   204.    Quarterly report
   205.    Annual Report
   206.    Other reports

   PART 3-STANDARD TIMETABLE FOR GIVING OTHER INFORMATION
           SCHEDULE 5-Hazardous Substances

   PART 1-INTERPRETATION

   PART 2-PERMITTED CIRCUMSTANCES FOR USING CERTAIN HAZARDOUS SUBSTANCES

   PART 3-PERMITTED CIRCUMSTANCES FOR USING CERTAIN HAZARDOUS SUBSTANCES WITH
   CARCINOGENIC PROPERTIES
           SCHEDULE 6-Forms for Occupational Health and Safety
   Purposes
   Form 1-Provisional Improvement Notice
   Form 2-Notice of Removal of Plant or Sample
   Form 3-Do Not Disturb Notice
   Form 4-Prohibition Notice
   Form 5-Improvement Notice
           SCHEDULE 7-Geocentric Datum of Australia
           ENDNOTES

   1.      General Information
   2.      Table of Amendments
   3.      Explanatory Details


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