PETROLEUM AND GEOTHERMAL ENERGY RESOURCES ACT 1967 - SECT 153

PETROLEUM AND GEOTHERMAL ENERGY RESOURCES ACT 1967 - SECT 153

153 .         Regulations

        (1)         The Governor may make regulations, not inconsistent with this Act, prescribing all matters that by this Act are required or permitted to be prescribed or are necessary or convenient to be prescribed for carrying out or giving effect to this Act.

        (2)         In particular, but without limiting the generality of subsection (1), the regulations may make provision for securing, regulating, controlling or restricting all or any of the following matters —

            (a)         the exploration for petroleum or geothermal energy resources and the carrying on of operations, and the execution of works, for that purpose;

            (b)         the recovery of petroleum or geothermal energy and the carrying on of operations, and the execution of works, for that purpose;

            (c)         conserving, and preventing the waste of, natural resources, whether petroleum or otherwise;

            (d)         the construction, erection, maintenance, operation or use of installations, equipment or facilities;

            (e)         the control of the flow and the prevention of the escape of petroleum or water;

            (f)         the control of the flow or discharge, and the prevention of the escape, of petroleum, water or drilling fluid, or a mixture of water or drilling fluid with petroleum or any other matter;

            (fa)         the clean-up or other remedying of the effects of the escape of petroleum;

            (g)         the prevention of damage to petroleum-bearing strata or geothermal energy resources in an area, whether in the State or not, in respect of which a permit, drilling reservation, lease or licence is not in force;

            (h)         the keeping separate of —

                  (i)         each petroleum pool discovered in a permit area, drilling reservation, lease area or licence area; and

                  (ii)         each source of water discovered in a permit area, drilling reservation, lease area or licence area;

                  (i)         the prevention of water or other matter from entering a petroleum pool through wells;

            (j)         the maintaining in good condition and repair of all structures, equipment and other property used or intended to be used for or in connection with exploration for, or the exploitation of, petroleum or geothermal energy resources in the State;

            (k)         the removal from the State of structures, equipment and other property brought into the State for or in connection with exploration for, or the exploitation of, petroleum or geothermal energy resources that are not used or intended to be used in connection with exploration for, or the exploitation of, petroleum or geothermal energy resources in the State;

            (la)         the preparation, submission and approval of environment plans;

            (lb)         the prohibition of the doing of an act or thing otherwise than in accordance with an approved environment plan;

            (lc)         the responsibilities of a permittee, holder of a drilling reservation, lessee, licensee or holder of a special prospecting authority or access authority as to authorising, or obtaining authorisation for, the release of documentary information as defined in section 150A;

            (l)         fees in relation to petroleum operations or geothermal energy operations, audits or other services provided by the Minister;

            (m)         any transitional matter arising out of the amendments made to this Act by the Petroleum Legislation Amendment and Repeal Act 2005 .

        (2a)         The regulations may make provision in relation to a matter by applying, adopting or incorporating, with or without modification, a code of practice or standard contained in an instrument (including an instrument issued or made outside Australia), as in force or existing at the time when the regulations take effect or as in force or existing from time to time, being a code of practice or standard that is relevant to that matter.

        (2b)         Regulations under this section may prohibit the doing of an act or thing either unconditionally or subject to conditions, including conditions requiring the grant, as prescribed by the regulations, of the consent or approval of a person specified in the regulations.

        (2c)         Regulations under this section may adopt or apply, with or without modification, any regulation made under the Petroleum Pipelines Act 1969 , the Petroleum (Submerged Lands) Act 1982 or the Commonwealth Act as defined in that Act, that is in force or existing at the time when the regulations under this section take effect or as in force or existing from time to time.

        (3)         The regulations may provide, in respect of an offence against the regulations, for the imposition of —

            (a)         a fine not exceeding $10 000; or

            (b)         a fine not exceeding that amount for each day on which the offence occurs.

        [Section 153 amended: No. 12 of 1990 s. 118; No. 78 of 1990 s. 7; No. 28 of 1994 s. 62; No. 13 of 2005 s. 15; No. 35 of 2007 s. 83 and 87; No. 42 of 2010 s. 58; No. 36 of 2020 s. 306.]