Petroleum (Submerged Lands) (Pipelines) Regulations 2002

Petroleum (Submerged Lands) (Pipelines) Regulations 2002

I, the Governor in and over the State of Tasmania and its Dependencies in the Commonwealth of Australia, acting with the advice of the Executive Council, make the following regulations under the Petroleum (Submerged Lands) Act 1982 .

G. S. M. GREEN

Governor

By His Excellency's Command,

P. A. LENNON

Minister for Infrastructure, Energy and Resources

PART 1 - Preliminary

1.   Short title

These regulations may be cited as the Petroleum (Submerged Lands) (Pipelines) Regulations 2002 .

2.   Commencement

These regulations take effect on the day on which their making is notified in the Gazette.

3.   Object of regulations

The object of these regulations is to ensure, over the operating life of offshore pipelines that are for use in conveying petroleum, that licensees for the pipelines use systems, work practices and procedures that will ensure that –

(a) the pipelines are designed, constructed, operated and modified in ways that are suitable for the purposes for which the pipelines are to be used; and

(b) proposals for decommissioning pipelines are suitable for the purposes for which they are made; and

(c) the risks of significant pipeline accident events and the risks to the integrity of the pipelines are reduced to levels as low as reasonably practicable.

4.   Interpretation

(1)  In these regulations, unless the contrary intention appears –

Act means the Petroleum (Submerged Lands) Act 1982 ;

composition of petroleum means a mixture of petroleum with one or more other substances;

independent validator, for a validation, means a person who, to the reasonable satisfaction of the Minister, has the necessary competence and ability, and access to data, in respect of the matters being validated, to arrive at an independent opinion on the matters;

pipeline management plan in force for a pipeline means a pipeline management plan for a pipeline –

(a) submitted by or for the pipeline licensee; and

(b) accepted under these regulations (or, if the pipeline management plan is accepted in part, that part of the pipeline management plan that is accepted); and

(c) as revised from time to time under these regulations; and

(d) for which the acceptance has not been withdrawn;

pipeline management system description, for a pipeline, means a description of the matters mentioned in regulation 25 in respect of the pipeline;

reportable incident means an incident –

(a) that –

(i) results in significant damage to a pipeline (for example, reducing the capacity of the pipeline to contain petroleum flowing through it); or

(ii) results in the death of a person; or

(iii) results in serious injury to a person; or

(iv) is likely to have a result of a kind mentioned in subparagraph (i) , (ii) or (iii) ; or

(v) is of a kind that a reasonable pipeline licensee would consider to require immediate investigation; and

(b) that is not a significant accident or significant incident that is to be reported for a facility under regulation 31 of the Petroleum (Submerged Lands) (Management of Safety on Offshore Facilities) Regulations 2002; and

(c) that is not a reportable incident within the meaning of the Petroleum (Submerged Lands) (Management of Environment) Regulations 2002 ;

significant pipeline accident event means an event that –

(a) is connected (whether immediately or after delay) with work carried out on, or in respect of, a pipeline; and

(b) causes, or creates a significant risk of causing, human death (for example, owing to hydrocarbon releases); and

(c) is not a major accident event for which a formal safety assessment is to be demonstrated in a safety case for a facility under regulation 14 of the Petroleum (Submerged Lands) (Management of Safety on Offshore Facilities) Regulations 2002;

validation has the meaning given by regulation 5 , and "validate" has a corresponding meaning.

(2)  For the purposes of these regulations, a pipeline is taken to be decommissioned if –

(a) the pipeline ceases operation, otherwise than –

(i) temporarily for maintenance; or

(ii) for a period agreed between the Minister and the pipeline licensee for the pipeline; or

(b) the pipeline is removed.

5.   Meaning of "validation"

(1)  A validation of a proposal for a pipeline under these regulations is a statement in writing by an independent validator that –

(a) the proposal is suitable for the purposes for which it is made; and

(b) if the proposal includes a modification of the pipeline that may affect the integrity of the pipeline, there are reasonable grounds to believe that the modification will result in the pipeline being suitable for the purposes for which it is to be used; and

(c) the proposal is consistent with the pipeline management system description in the pipeline management plan in force for the pipeline; and

(d) the proposal complies with any Australian or international standards that are mentioned in the pipeline management plan as applying to that kind of proposal.

(2)  A validation is to cover the scope of the validation agreed under these regulations.

PART 2 - Consents to construct and operate a pipeline

Division 1 - Consent to construct

6.   Consent required for construction of pipeline

(1)  A person must not carry out activities to construct a pipeline unless the Minister has granted a consent to construct in respect of those activities.

Penalty:  Fine not exceeding 50 penalty units.

(2)  This regulation does not affect the Petroleum (Submerged Lands) (Management of Environment) Regulations 2002 .

7.   Matters to be agreed before pipeline licensee applies for consent to construct

A pipeline licensee may apply for a consent to construct a pipeline only if the licensee and the Minister have agreed on –

(a) the matters concerning the activities to which the application relates that are to be dealt with in the pipeline management plan for the pipeline; and

(b) the scope of the validation of the proposal to carry out those activities.

8.   Application for consent to construct

(1)  An application for a consent to construct a pipeline is to be lodged in writing with the Minister.

(2)  An application may relate to all or some of the activities for designing and constructing the pipeline.

(3)  The application is to include the following information:

(a) the name of the applicant;

(b) an address of the applicant, for communications on matters relating to the pipeline;

(c) a fax number, or e-mail address, within Tasmania for the applicant.

(4)  The application is to be accompanied by –

(a) those parts of the pipeline management plan in force for the pipeline that provide for the activities to which the application relates; and

(b) a validation of the proposal to carry out those activities; and

(c) any other relevant information that the Minister may require on reasonable grounds.

9.   Deciding application for consent to construct

(1)  Within 28 days after an application for a consent to construct a pipeline is lodged, the Minister must decide whether to grant the consent.

(2)  A failure by the Minister to comply with subregulation (1) in respect of an application does not of itself invalidate a decision by the Minister to grant or to refuse to grant the consent.

(3)  The Minister must grant the consent if there are reasonable grounds for believing that –

(a) a pipeline management plan in force for the pipeline provides for the activities to which the application relates; and

(b) a validation of the proposal to carry out those activities is in force.

(4)  The Minister may grant a consent to construct in respect of all or some of the activities to design and construct the pipeline.

(5)  If the Minister decides to grant the consent, the Minister must, as soon as practicable, give to the applicant the consent in writing.

(6)  If the Minister decides not to grant the consent in respect of all or some of the activities to design and construct the pipeline, the Minister must, as soon as practicable, give to the applicant, in writing –

(a) advice that the consent has not been granted for those activities; and

(b) a statement of the reasons for the decision.

10.   Construction is to comply with pipeline management plan

A pipeline licensee must not construct a pipeline under the licence unless –

(a) a pipeline management plan, or a part of a pipeline management plan, in force for the pipeline provides for the construction; and

(b) the pipeline is constructed in a way that complies with that plan or part of that plan.

Penalty:  Fine not exceeding 50 penalty units.

11.   Notice of route followed by pipeline

As soon as practicable after construction of a pipeline has been completed, but within 3 months after a consent to operate is granted for the pipeline, the pipeline licensee must –

(a) inform the Minister, in writing, of the exact route followed by the pipeline; and

(b) inform the Australian Hydrographic Office, in writing, of the exact route followed by the pipeline.

Penalty:  Fine not exceeding 40 penalty units.

Division 2 - Consent to operate

12.   Consent to operate required before pipeline is operated

(1)  A pipeline licensee must not operate a pipeline under the licence unless the Minister has granted a consent to operate the pipeline.

Penalty:  Fine not exceeding 50 penalty units.

(2)  This regulation does not affect the Petroleum (Submerged Lands) (Management of Environment) Regulations 2002 .

13.   Matters to be agreed before pipeline licensee applies for consent to operate

A pipeline licensee may apply for a consent to operate a pipeline only if the licensee and Minister have agreed on –

(a) the matters concerning the operation of the pipeline that are to be dealt with in the pipeline management plan for the pipeline; and

(b) the scope of the validation of the proposal to operate the pipeline.

14.   Application for consent to operate

(1)  An application for a consent to operate a pipeline is to be lodged in writing with the Minister.

(2)  The application is to include the following information:

(a) the name of the applicant;

(b) an address of the applicant, for communications on matters relating to the pipeline;

(c) a fax number, or e-mail address, within Tasmania for the applicant.

(3)  The application is to be accompanied by –

(a) those parts of the pipeline management plan in force for the pipeline that provide for the operation of the pipeline; and

(b) a validation of the proposal to operate the pipeline; and

(c) information showing that the pipeline licensee is maintaining insurance in compliance with section 97 of the Act; and

(d) other relevant information that the Minister may require on reasonable grounds.

15.   Deciding application for consent to operate

(1)  Within 7 days after an application for a consent to operate a pipeline is lodged, the Minister must decide whether to grant the consent.

(2)  A failure by the Minister to comply with subregulation (1) in respect of an application does not of itself invalidate a decision to grant or to refuse to grant the consent.

(3)  The Minister must grant the consent if there are reasonable grounds for believing that –

(a) a pipeline management plan in force for the pipeline provides for the operation of the pipeline; and

(b) a validation of the proposal to operate the pipeline is in force; and

(c) the pipeline licensee is maintaining insurance in compliance with section 97 of the Act.

(4)  If the Minister decides to grant the consent, the Minister must, as soon as practicable, give the applicant the consent in writing.

(5)  If the Minister decides not to grant the consent, the Minister must, as soon as practicable, give the applicant, in writing –

(a) advice that the consent has not been granted; and

(b) a statement of the reasons for the decision.

16.   Operation is to comply with pipeline management plan

(1)  A pipeline licensee must not operate a pipeline under the licence unless –

(a) a pipeline management plan in force for the pipeline provides for the operation; and

(b) the pipeline is operated in a way that –

(i) is consistent with the purposes for which the pipeline was designed to be used; and

(ii) is not contrary to that plan.

Penalty:  Fine not exceeding 50 penalty units.

(2)  However, an offence under subregulation (1) does not arise if –

(a) the licensee performs an act in compliance with a direction given under –

(i) the Act; or

(ii) regulations made under the Act; or

(b) in an emergency in which there is a likelihood of loss or injury, or for the purpose of maintaining the pipeline in good order and repair, the licensee –

(i) performs an act to avoid the loss or injury, or to maintain the pipeline in good order and repair; and

(ii) as soon as practicable, but within 3 days, gives written notice to the Minister about the act performed.

17.   Using pipeline to convey compositions of petroleum

A pipeline licensee must ensure that a composition of petroleum is not conveyed through a pipeline under the licence unless –

(a) a pipeline management plan in force for the pipeline mentions –

(i) that the composition is to be conveyed through the pipeline; and

(ii) the safe operating limits for conveying that composition; and

(b) the pipeline is operated within those safe operating limits.

Penalty:  Fine not exceeding 50 penalty units.

Division 3 - Modifying or decommissioning pipeline

18.   Modifying or decommissioning pipeline

(1)  A pipeline licensee must not modify a pipeline under the licence unless –

(a) a pipeline management plan in force for the pipeline provides for the modification; and

(b) the modification is carried out in a way that –

(i) is consistent with the purposes for which the pipeline was designed to be used; and

(ii) is not contrary to that plan.

Penalty:  Fine not exceeding 50 penalty units.

(2)  A pipeline licensee must not decommission a pipeline under the licence unless –

(a) a pipeline management plan in force for the pipeline provides for the decommissioning; and

(b) the decommissioning is carried out in a way that is not contrary to that plan.

Penalty:  Fine not exceeding 50 penalty units.

(3)  However, an offence under subregulation (1) or (2) does not arise if –

(a) the pipeline is modified or decommissioned in accordance with a direction given under the Act; or

(b) in an emergency in which there is a likelihood of loss or injury, the licensee performs an act to avoid the loss or injury and as soon as practicable, but within 3 days, gives written notice to the Minister about the act performed.

PART 3 - Pipeline management plans

Division 1 - Acceptance of pipeline management plan

19.   Submission of pipeline management plan

(1)  For a pipeline management plan to be accepted for a pipeline, the pipeline licensee must submit the plan to the Minister.

(2)  A pipeline management plan may be submitted for one or more of the following stages connected with the life of the pipeline:

(a) design and construction;

(b) operation;

(c) modification;

(d) decommissioning.

(3)  A pipeline management plan may be submitted that provides for one or more pipelines.

20.   Time limit for accepting or not accepting pipeline management plan

(1)  Within 28 days after a pipeline licensee submits a pipeline management plan, the Minister must –

(a) accept the plan under regulation 21 ; or

(b) refuse to accept the plan; or

(c) give written notice to the pipeline licensee stating that the Minister is unable to make a decision about the plan within the period of 28 days and setting out a proposed timetable for consideration of the plan.

(2)  A failure by the Minister to comply with subregulation (1) in respect of a pipeline management plan does not of itself invalidate a decision to accept or to refuse to accept the plan.

(3)  This regulation applies to a pipeline management plan resubmitted under regulation 21(2) in the same way as it applies to the plan when first submitted.

21.   Acceptance of pipeline management plan

(1)  The Minister must accept the pipeline management plan if there are reasonable grounds for believing that –

(a) the plan is appropriate for the nature and proposed use of the pipeline; and

(b) the plan complies with regulations 23 , 24 , 25 , 26 and 28 for the stages connected with the life of the pipeline mentioned in regulation 19 for which the plan is submitted; and

(c) the plan, or a part of a pipeline management plan in force for the pipeline, complies with regulation 27 .

(2)  If the Minister is not reasonably satisfied that the pipeline management plan when first submitted meets the criteria mentioned in subregulation (1) , the Minister must give the pipeline licensee a reasonable opportunity to change and resubmit the plan.

(3)  If, after the pipeline licensee has had a reasonable opportunity to change and resubmit the pipeline management plan, the Minister is still not reasonably satisfied that the plan meets the criteria mentioned in subregulation (1) , the Minister must refuse to accept the plan.

(4)  Despite subregulation (3) , the Minister may do either or both of the following:

(a) accept the plan in part for a particular stage connected with the life of the pipeline mentioned in regulation 19 ;

(b) impose limitations or conditions applying to the pipeline in respect of any of those stages.

(5)  The Minister must give the pipeline licensee written notice of a decision by the Minister –

(a) to accept the pipeline management plan; or

(b) not to accept the plan; or

(c) to accept the plan in part for a particular stage connected with the life of the pipeline, or subject to the imposition of limitations or conditions.

(6)  A notice of a decision under subregulation (5)(b) or (c) is to include –

(a) advice of the decision and the reasons for it; and

(b) if limitations or conditions are to apply to a stage connected with the life of the pipeline, a statement of those limitations or conditions.

Division 2 - Contents of pipeline management plan

22.   Contents of pipeline management plan

A pipeline management plan is to include information about, or cover –

(a) the matters mentioned in regulations 23 , 24 , 25 , 26 and 28 for the stages connected with the life of the pipeline mentioned in regulation 19 for which the plan is proposed; and

(b) the matters mentioned in regulation 27 .

23.   Statement of safety policy

The pipeline management plan is to include a statement of the pipeline licensee’s strategic health and safety objectives for the design, construction, operation, modification and decommissioning of the pipeline.

24.   Description of pipeline

The pipeline management plan is to include a comprehensive description of –

(a) the design for the pipeline, the route corridor in which the pipeline is to be constructed, the pipeline’s interface start and end positions, and the way in which the pipeline is to be constructed; and

(b) the matters agreed under regulation 7(a) relating to the design and construction of the pipeline; and

(c) the matters agreed under regulation 13(a) relating to the operation of the pipeline; and

(d) the compositions of petroleum that are to be conveyed through the pipeline when it is operating; and

(e) the safe operating limits for conveying those compositions through the pipeline.

25.   Description of pipeline management system

The pipeline management plan is to include a comprehensive description or assessment of, or demonstration of the effectiveness of –

(a) the risk of significant pipeline accident events and other risks to the integrity of the pipeline associated with the design, construction, operation, modification and decommissioning of the pipeline; and

(b) measures that have been, or will be, implemented to reduce the risks to levels that are as low as reasonably practicable; and

(c) the systems used to identify, evaluate and manage the risks and measures; and

(d) the arrangements for monitoring, auditing and reviewing those systems, including the arrangements for continual and systematic identification of deficiencies of those systems and ways in which the systems could be improved.

26.   Statement of standards

The pipeline management plan is to include a statement about the Australian and international standards applied, or to be applied, to the design, construction, operation, modification and decommissioning of the pipeline.

27.   Arrangements for documents

(1)  The pipeline management plan is to include arrangements for –

(a) recording and making available documents and other records mentioned in subregulation (2) for the pipeline; and

(b) securely storing those documents and records at the address maintained under regulation 45(1) and in a way that makes their retrieval reasonably practicable.

(2)  The documents and other records are the following:

(a) a pipeline management plan in force for the pipeline;

(b) revisions of the pipeline management plan;

(c) reports of reportable incidents given in compliance with regulation 39 .

(3)  A document mentioned in subregulation (2)(a) or (b) is to be kept for 5 years after the acceptance of the document.

(4)  A report mentioned in subregulation (2)(c) is to be kept for 5 years after the giving of the report.

28.   Arrangements for reporting

The pipeline management plan is to include arrangements for reporting to the Minister about the design, construction, operation, modification and decommissioning of the pipeline, at intervals agreed with the Minister, but not less often than annually.

Division 3 - Revision of pipeline management plan

29.   Revision owing to change, or proposed change, of circumstances or operations

(1)  A pipeline licensee for a pipeline for which a pipeline management plan is in force must submit to the Minister a proposed revision of the plan as soon as practicable after any of the circumstances mentioned in subregulation (3) is satisfied.

(2)  However, if a circumstance mentioned in subregulation (3) is satisfied because the licensee proposes to modify or decommission the pipeline, the licensee must not submit the proposed revision before the licensee and Minister have agreed on the scope of the validation of the proposal to revise the plan.

(3)  A need to revise a plan arises if –

(a) there are reasonable grounds for believing that the technical knowledge relied on to formulate the plan is outdated and, accordingly, the plan no longer adequately provides for –

(i) the matters mentioned in regulations 23 , 24 , 25 , 26 and 28 for the stages connected with the life of the pipeline mentioned in regulation 19 for which the plan is in force; or

(ii) the matters mentioned in regulation 27 ; or

(b) developments in systems for identifying and evaluating risks of significant pipeline accident events, or risks to the integrity of the pipeline, make it appropriate to revise the plan; or

(c) there are reasonable grounds for believing that a series of proposed modifications to the pipeline would result in a significant cumulative change in the overall level of risk –

(i) of significant pipeline accident events; or

(ii) to the integrity of the pipeline; or

(d) there are reasonable grounds for believing that a proposed modification to the pipeline would –

(i) significantly influence the level of a particular risk of a significant pipeline accident event or a risk to the integrity of the pipeline; or

(ii) significantly change the ranking of factors contributing to those risks; or

(e) the licensee proposes to significantly change the pipeline management system mentioned in regulation 25 for identifying, evaluating and managing risks –

(i) of significant pipeline accident events; or

(ii) to the integrity of the pipeline; or

(f) the compositions of petroleum conveyed in the pipeline are different from the compositions contemplated in the plan; or

(g) the licensee proposes to modify or decommission the pipeline and that proposal is not satisfactorily addressed in the plan; or

(h) developments in environmental conditions that affect design conditions make it appropriate to revise the plan.

30.   Revision on request by Minister

(1)  The Minister may request a pipeline licensee for a pipeline for which a pipeline management plan is in force to submit to the Minister a proposed revision of the plan.

(2)  A request by the Minister is to be in writing and include the following information:

(a) the matters to be addressed by the revision;

(b) the proposed date of effect of the revision;

(c) the grounds for the request.

(3)  The licensee may make a submission in writing to the Minister stating the reasons for which the licensee believes –

(a) the revision should not occur; or

(b) the revision should be in different terms from the proposed terms; or

(c) the revision should take effect on a date later than the proposed date.

(4)  A submission by the licensee is to be made within 21 days after receiving the request or within any longer period that the Minister allows in writing.

(5)  If a submission complies with subregulations (3) and (4) , the Minister must –

(a) decide whether to accept the reasons stated in the submission; and

(b) give the licensee written notice of the decision; and

(c) to the extent, if any, that the Minister accepts the reasons, give the licensee written notice that varies or withdraws the request in accordance with the decision; and

(d) to the extent, if any, that the Minister does not accept the reasons, give the licensee written notice of the grounds for not accepting them.

(6)  The licensee must comply with the request, or the request as varied under this regulation, as soon as practicable.

(7)  However, the licensee is not required to comply with the request if the request is withdrawn under this regulation.

31.   Revision at end of each 5 years

(1)  A pipeline licensee for a pipeline for which a pipeline management plan is in force must submit to the Minister a proposed revision of the plan (whether or not a proposal has been submitted under regulation 29 or 30 ) –

(a) at the end of the 5 years starting on the day the pipeline management plan is first accepted under regulation 21 by the Minister; and

(b) at the end of each 5 years starting on the day of the most recent acceptance, by the Minister, of a revision submitted under this regulation.

(2)  A revision submitted under this regulation is to include –

(a) information about measures for ensuring the ongoing integrity of the pipeline; and

(b) details of the maximum allowable operating pressure for the pipeline.

32.   Form of proposed revision

A proposed revision is to be in the form of a revised pipeline management plan or, if the pipeline licensee and the Minister agree, a revised part of the pipeline management plan.

33.   Time limit for accepting or not accepting proposed revision

(1)  Within 28 days after a pipeline licensee submits a proposed revision, the Minister must –

(a) accept the revision under regulation 34 ; or

(b) refuse to accept the revision; or

(c) give written notice to the pipeline licensee stating that the Minister is unable to make a decision about the revision within the period of 28 days, and setting out a proposed timetable for consideration of the revision.

(2)  A failure by the Minister to comply with subregulation (1) in respect of a proposed revision does not of itself invalidate a decision to accept or to refuse to accept the revision.

(3)  This regulation applies to a proposed revision resubmitted under regulation 34(2) in the same way as it applies to the revision when first submitted.

34.   Acceptance of proposed revision of pipeline management plan

(1)  The Minister must accept the proposed revision if there are reasonable grounds for believing that –

(a) the revision is appropriate for the nature and proposed use of the pipeline; and

(b) the pipeline management plan, as revised by the proposed revision, would comply with regulations 23 , 24 , 25 , 26 and 28 for the stages connected with the life of the pipeline mentioned in regulation 19 for which the revision is submitted; and

(c) the pipeline management plan, as revised by the proposed revision, would comply with regulation 27 ; and

(d) in the case that the revision relates to a proposal to modify or decommission the pipeline, a validation of the proposal is in force.

(2)  If the Minister is not reasonably satisfied that the proposed revision when first submitted meets the criteria set out in subregulation (1) , the Minister must give the pipeline licensee a reasonable opportunity to change and resubmit the revision.

(3)  If, after the pipeline licensee has had a reasonable opportunity to change and resubmit the proposed revision, the Minister is still not reasonably satisfied that the revision meets the criteria mentioned in subregulation (1) , the Minister must refuse to accept the revision.

(4)  Despite subregulation (3) , the Minister may –

(a) accept the revision in part for a particular stage connected with the life of the pipeline mentioned in regulation 19 ; and

(b) impose limitations or conditions applying to the pipeline in respect of any of those stages.

(5)  The Minister must give the pipeline licensee written notice of a decision by the Minister –

(a) to accept the proposed revision; or

(b) not to accept the revision; or

(c) to accept the revision in part for a particular stage connected with the life of the pipeline, or subject to the imposition of limitations or conditions.

(6)  A notice of a decision under subregulation (5)(b) or (c) is to include –

(a) advice of the decision and the reasons for it; and

(b) if limitations or conditions are to apply to a stage connected with the life of the pipeline, a statement of those limitations or conditions.

35.   Effect of non-acceptance of proposed revision

If a proposed revision is not accepted, the pipeline management plan in force for the pipeline immediately before the proposed revision was submitted remains in force, subject to the Act, as if the revision had not been proposed.

Division 4 - Withdrawal of acceptance of pipeline management plan

36.   Withdrawal of acceptance of pipeline management plan

(1)  The Minister, by written notice to a pipeline licensee, may withdraw the acceptance of the pipeline management plan in force for the pipeline on any of the following grounds:

(a) the pipeline licensee has not complied with the Act, or a direction given to the licensee under the Act;

(b) the pipeline licensee has not complied with regulation 10 or 16 ;

(c) the pipeline licensee has not complied with regulation 29 , 30 or 31 ;

(d) the Minister has refused to accept a proposed revision of the pipeline management plan.

(2)  A notice under subregulation (1) is to include advice of the reasons for the decision.

37.   Steps to be taken before withdrawal of acceptance

(1)  Before withdrawing the acceptance of a pipeline management plan in force for a pipeline, the Minister must comply with subregulations (2) , (4) and (5) .

(2)  The Minister must give the pipeline licensee at least one month’s written notice of the Minister’s intention to withdraw acceptance of the plan.

(3)  The Minister may give a copy of the notice to such other persons, if any, as the Minister thinks fit.

(4)  The Minister must specify in the notice a date, the "cut-off date", on or before which the pipeline licensee, or any other person to whom a copy of the notice has been given, may submit to the Minister, in writing, any matters for the Minister to take into account.

(5)  The Minister must take into account –

(a) any action taken by the pipeline licensee to remove the ground for withdrawal of acceptance, or to prevent the recurrence of that ground; and

(b) any matter submitted to the Minister before the cut-off date by the pipeline licensee or a person to whom a copy of the notice has been given.

38.   Withdrawal of acceptance not affected by other provisions

(1)  The Minister may withdraw the acceptance of a pipeline management plan in force for a pipeline on a ground mentioned in regulation 36(1) even if the pipeline licensee has been convicted of an offence owing to a failure to comply with a provision of the Act.

(2)  Even if the acceptance of a pipeline management plan has been withdrawn by the Minister on a ground mentioned in regulation 36(1) , the pipeline licensee for the pipeline may be convicted of an offence owing to a failure to comply with a provision of the Act.

PART 4 - Incidents, reports and records

39.   Reportable incidents

(1)  A pipeline licensee must give notice, either oral or written, of a reportable incident to the Minister or an inspector, including all material details of the incident that are reasonably available to the licensee, as soon as practicable, but within 2 hours, after –

(a) the first occurrence of the incident; or

(b) if the incident is not detected by the licensee at the time of its first occurrence, the detection of the incident by the licensee.

Penalty:  Fine not exceeding 40 penalty units.

(2)  Subregulation (1) does not apply if the pipeline licensee has a reasonable excuse.

(3)  The pipeline licensee must give a written report, in accordance with subregulation (5) , of the incident to the Minister –

(a) as soon as practicable, but within 3 days, after –

(i) the first occurrence of the incident; or

(ii) if the incident is not detected by the licensee at the time of its first occurrence, the detection of the incident by the licensee; or

(b) if the Minister specifies, in writing and within the period mentioned in paragraph (a) , another period for giving the report, within that period.

Penalty:  Fine not exceeding 40 penalty units.

(4)  It is a defence to a prosecution for an offence against subregulation (3) if subregulation (3)(b) applies in respect of the offence and the period specified by the Minister is not a reasonable period.

(5)  For the purposes of subregulation (3) , the report is to set out fully –

(a) all the material facts and circumstances of the incident that the licensee is aware of or is able, by reasonable search and inquiry, to find out, including the following:

(i) the date, time and place of the incident;

(ii) the particulars of any loss or damage caused by the incident;

(iii) if petroleum escaped from the pipeline or ignited, the amount of that petroleum and the measures taken to control the escape or fire;

(iv) the cause of the incident;

(v) the repairs (if any) carried out, or proposed to be carried out, on the pipeline; and

(b) the corrective action that has been taken, or is proposed to be taken, to prevent another incident of that kind.

40.   Dealing with documents

A pipeline licensee must not deal with a document or other record mentioned in regulation 27 in a way that is contrary to the arrangements for the document or record contained in the pipeline management plan in force for the pipeline.

Penalty:  Fine not exceeding 30 penalty units.

41.   Reporting to Minister

A pipeline licensee must report to the Minister in accordance with the arrangements under regulation 28 contained in the pipeline management plan in force for the pipeline under the licence.

Penalty:  Fine not exceeding 30 penalty units.

PART 5 - Miscellaneous

Division 1 - Requirements about workers

42.   Competence of workers

(1)  A pipeline licensee must ensure that each person working on, or in connection with, a pipeline under the licence is competent to the extent that he or she has the necessary skills, training and ability –

(a) to carry out the tasks, both routine and non-routine, that may reasonably be given to the person; and

(b) to respond and to react appropriately, and at the level reasonably required of the person, during an emergency.

Penalty:  Fine not exceeding 30 penalty units.

(2)  Subregulation (1) does not apply if the pipeline licensee has a reasonable excuse.

43.   Awareness of legislation

(1)  A pipeline licensee must ensure, as far as reasonably practicable, that each person working on, or in connection with, the pipeline knows about the effect of relevant legislation that relates to the safety of any of the following:

(a) a person working on, or in connection with, the pipeline;

(b) the pipeline;

(c) the environment.

(2)  In this regulation,

relevant legislation means the Act, regulations (including these regulations) made under the Act and any directions given to the licensee under the Act.

44.   Involvement of workers in pipeline management plan

(1)  The Minister may ask a pipeline licensee, in writing, to provide the Minister with reasonable grounds for believing that –

(a) in the development or revision of a pipeline management plan for a pipeline under the licence, there has been effective consultation with, and participation of, the classes of persons who –

(i) are identifiable before the pipeline management plan is developed; and

(ii) are working on, or in connection with, the pipeline, or are likely to be working on, or in connection with, the pipeline; and

(b) the pipeline management plan in force for the pipeline provides adequately for effective consultation with, and the effective participation of, those classes of persons, so that they are able to arrive at informed opinions about the risks to which they may be exposed through working on, or in connection with, the pipeline.

(2)  A pipeline licensee must, within 21 days after receiving a request under subregulation (1) , give the Minister written notice of those grounds.

Division 2 - Providing information

45.   Notice of contact details

(1)  The pipeline licensee, at all times after the licensee applies under these regulations for a consent to construct a pipeline under the licence, must maintain, and ensure that the Minister has notice of, an address of the licensee for communications on matters relating to the pipeline.

Penalty:  Fine not exceeding 30 penalty units.

(2)  Subregulation (1) does not apply if the pipeline licensee has a reasonable excuse.

(3)  Despite subregulation (1) , a pipeline licensee is not required to give information to the Minister under that subregulation if, at any relevant time –

(a) the information has been given according to any other provision of the Act or regulations (including these regulations) made under the Act; and

(b) the Minister has not advised the licensee that the information has been lost or destroyed.

46.   Minister may decline to consider application or submission if information is not given

(1)  Despite any other provision of these regulations, if a pipeline licensee for a pipeline does not provide information under regulation 45 and the information has not been given under another law, the Minister may decline to consider an application or submission, made by the licensee under these regulations and relating to the pipeline, until the information is given.

(2)  Despite any other provision of these regulations, if a pipeline licensee does not provide the information required under regulation 8 or 14 for an application for a consent to construct or a consent to operate a pipeline and the information has not been given under another law, the Minister may decline to consider the application until the information is given.

Displayed and numbered in accordance with the Rules Publication Act 1953.

Notified in the Gazette on 26 June 2002

These regulations are administered in the Department of Infrastructure, Energy and Resources.

EXPLANATORY NOTE

(This note is not part of the regulation)

(a) the consents required to construct or to operate a pipeline; and

(b) requirements for modifying or decommissioning a pipeline; and

(c) the acceptance, contents and revision of a pipeline management plan; and

(d) the competency of workers, including a requirement to be aware of the relevant legislation and their involvement in a pipeline management plan; and

(e) information to be provided to the Minister in support of an application under the regulations for the operation of a pipeline.