Petroleum (Submerged Lands) (Management of Safety on Offshore Facilities) Regulations 2002

Petroleum (Submerged Lands) (Management of Safety on Offshore Facilities) 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) (Management of Safety on Offshore Facilities) Regulations 2002 .

2.   Commencement

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

3.   Interpretation

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

Act means the Petroleum (Submerged Lands) Act 1982 ;

ancillary unit means a structure or vessel, and includes a ship, barge or other vessel or floating structure that –

(a) is a vessel or structure on which, or from which, construction or installation operations for, or in conjunction with, the exploration for or recovery of petroleum are or may be carried out; or

(b) provides a base on which, or from which, services (such as diving, firefighting, accommodation, processing or storage) in connection with operations of a kind referred to in paragraph (a) are controlled, mounted or performed –

but does not include a facility or a pipeline;

confined space means an enclosed, or partially enclosed, space that –

(a) is not used or intended for use as a regular workplace; and

(b) has restricted means of entry and exit; and

(c) has, or may have, inadequate ventilation, contaminated atmosphere or oxygen deficiency; and

(d) is at atmospheric pressure when occupied;

consent to construct and install, in respect of a facility, means a consent, in force under Part 2 , to construct and install the facility;

consent to use, in respect of a facility, means a consent, in force under Part 2 , to use the facility;

contractor means an individual or a body corporate that does work in connection with a contract between an operator and another person for carrying out an activity to which the Act applies;

controlled substance means a substance listed in –

(a) Schedule 8 to the Customs (Prohibited Exports) Regulations 1958 of the Commonwealth; or

(b) Schedule 4 to the Customs (Prohibited Imports) Regulations 1956 of the Commonwealth;

emergency, in respect of a facility, means an urgent situation that presents, or may present, a risk of death or serious injury to persons on or in the vicinity of the facility;

employee, in respect of a facility, includes any individual on the facility in the course of his or her duties (for example, as an official or officer, or as a company director) or in a self-employed capacity (for example, as a contractor);

employer means a person (including a contractor) who employs persons for carrying out an activity to which the Act applies;

facility means a vessel or structure located in an adjacent area that –

(a) is used or constructed for the recovery of petroleum; or

(b) carries, contains or includes equipment for drilling, or for carrying out other operations in connection with a well, from the vessel or structure –

and includes a combination or series of 2 or more related facilities, but excludes a vessel engaged merely in site surveys or investigations to a depth in the seabed not exceeding 100 metres;

facility description, in respect of a facility, means a facility description that complies with regulation 14(2) in respect of the facility;

formal safety assessment, in respect of a facility, means an assessment that –

(a) arises out of a formal investigation of the nature, likelihood and impact of potential major accident events and the means (as far as reasonably practicable) of preventing or minimising the risk of their occurrence and of minimising the consequences of their occurrence; and

(b) consists of, or includes, a report on studies specific to the facility, being a report that contains reasoned arguments and judgments about the findings of a formal investigation of the kind mentioned in paragraph (a) ; and

(c) complies with regulation 14(3) in respect of the facility;

intoxicant means a beverage or other substance for human consumption (other than a substance for medical or pharmaceutical use) that contains alcohol;

major accident event means an event connected (whether immediately or after delay) with work activities that, should it occur, would cause, or pose a significant risk of causing, multiple fatalities (for example, by reason of hydrocarbon releases);

operator, in respect of a facility, means the person from time to time registered or recorded by the Minister, in accordance with regulation 39(7) , as the operator in respect of the facility;

performance standards, in respect of an activity on or in connection with a facility, means standards established by the operator of the facility that specify the following matters:

(a) who is responsible for carrying out the activity;

(b) what has to be done in the performance of the activity;

(c) when the activity has to be performed;

(d) what outcomes from the activity are to be expected;

qualified, in respect of a medical practitioner, a nurse or a pharmacist, means qualified or entitled under the law of a State or Territory to practise as a medical practitioner, a nurse or a pharmacist, as the case requires;

revise, in respect of a consent to construct and install, a consent to use or a safety case, includes extend or modify;

safety case, in respect of a facility in an adjacent area, means documentation relating to the facility that complies with regulations 14 and 15 ;

safety case in force for a facility means a safety case or revised safety case that is accepted or provisionally accepted, and "safety case in force for the facility" has a corresponding meaning in respect of the particular facility;

safety management system, in respect of a facility, means a comprehensive integrated system for managing safety at the facility that complies with regulation 14(4) in respect of the facility;

Schedule of Specific Requirements means the document published by the Commonwealth and known as the "Schedule of Specific Requirements as to Offshore Petroleum Exploration and Production - 1995", as in force immediately before the commencement of these regulations;

scope of validation means the matters covered by a validation under regulation 13 ;

specify, in respect of a consent to construct and install, a consent to use or a safety case, includes describe or refer to;

therapeutic drug, in respect of an act or omission on or in the vicinity of a facility in an area that is an adjacent area, means a drug –

(a) that may lawfully be prescribed, under the law of a State or Territory in force in, or applied to, the adjacent area, by a qualified medical practitioner; or

(b) that may lawfully be sold, under that law, without the prescription of a qualified medical practitioner;

titleholder, in respect of a facility, means a person who is a permittee, lessee, licensee or pipeline licensee in respect of the facility.

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

(a) a person who is not actually on a facility is taken to be on a facility if he or she –

(i) is in the vicinity of the facility; and

(ii) is under the direction or control of the operator of the facility or of a contractor working on or in connection with the facility; and

(b) a person who, whilst not qualifying as an operator within the definition of that expression in subregulation (1)  –

(i) operates the facility (whether directly or indirectly); or

(ii) causes or permits another person to operate the facility directly or indirectly –

is taken, where the context so permits, to be an operator of the facility; and

(c) a reference to a person involved with a facility includes a reference to a person on the facility; and

(d) a reference to a facility includes, where the context so permits, a reference to an intended or proposed facility.

PART 2 - Facilities: consents to construct and install and consents to use

4.   Consent to construct and install

(1)  Before commencing, in an adjacent area, the construction or installation of a facility, the operator of the facility must obtain, from the Minister, a consent to construct and install the facility.

(2)  An application for a consent to construct and install is to be lodged in writing with the Minister and contain, or have with it, the following information and material:

(a) the reason, including the geological evidence, for the selection of the proposed location of the facility;

(b) a copy of each report or recommendation about the facility made by a person, or persons, responsible for deciding the criteria for the design of the facility;

(c) those criteria, including –

(i) the depth of the sea and nature of the seabed and subsoil at the proposed location; and

(ii) the maximum and minimum air and sea temperatures, at or near sea level, likely to occur at that location; and

(iii) the characteristics of the waves (including heights, periods and direction) at that location; and

(iv) the relevant water current information for that location; and

(v) the likely maximum wind speeds, prevailing wind directions and estimated maximum 3-second gust speed at that location; and

(vi) details of estimated marine growth on the facility; and

(vii) the estimated worst combination of dead and live loads likely to be applied to the facility; and

(viii) evidence to demonstrate that the criteria take adequate account of the magnitude and distribution of production loads;

(d) any other information or material that the Minister reasonably requires.

(3)  The Minister may grant a consent to construct and install a facility if, and only if –

(a) the Minister has accepted –

(i) the formal safety assessment in respect of the facility; and

(ii) the facility description in respect of the facility; and

(iii) those parts of the safety management system in respect of the facility that relate to the design, construction and installation of the facility; and

(b) the Minister is reasonably satisfied that the construction and installation of the facility is in accordance with all material requirements of –

(i) the safety case in force for the facility; and

(ii) any conditions specified, under subregulation (4)(b) , in the consent to construct and install; and

(iii) the Act; and

(iv) the Schedule of Specific Requirements.

(4)  A consent to construct and install a facility –

(a) is to be given to the operator in writing; and

(b) may specify conditions for the construction and installation of the facility.

(5)  If the Minister decides not to grant a consent to construct and install, the Minister must promptly give to the operator a notice in writing setting out the terms of the decision and the reasons for it.

5.   Consent to use

(1)  Before commencing to operate a facility, the operator of the facility must obtain, from the Minister for the adjacent area in which the facility is to be operated, a consent to use the facility.

(2)  An application for a consent to use is to be lodged in writing with the Minister.

(3)  The Minister may grant a consent to use a facility if, and only if, the Minister is reasonably satisfied that –

(a) there is a safety case in force for the facility; and

(b) the operation of the facility in accordance with the safety case and any conditions specified under subregulation (4)(b) will be in accordance with all material requirements of –

(i) the Act; and

(ii) the Schedule of Specific Requirements.

(4)  A consent to use a facility –

(a) is to be given to the operator in writing; and

(b) may specify conditions for the use of the facility.

(5)  If the Minister decides not to grant a consent to use, the Minister must promptly give to the operator a notice in writing setting out the terms of the decision and the reasons for it.

6.   Revision of safety case to apply to consent to use

If the safety case in force for a facility is revised under Part 3 , the consent to use the facility is taken, for the purposes of these regulations, to be revised accordingly.

PART 3 - Safety cases

Division 1 - Administration

7.   Submission of safety case

(1)  To apply for acceptance of a safety case in respect of a facility the operator of the facility must submit to the Minister a safety case that complies with the applicable provisions of these regulations.

(2)  A safety case –

(a) is to be in writing; and

(b) is to relate to a specific facility or proposed facility in –

(i) a specified location; or

(ii) 2 or more specified locations; and

(c) subject to subregulation (3) , is to relate to any ancillary unit that is or will be attached to, or operated in conjunction with, the facility or proposed facility.

(3)  If an ancillary unit is to be operated in conjunction with 2 or more facilities, the operator of those facilities may propose that the safety case in respect of one of those facilities should apply in respect of the ancillary unit.

(4)  If the Minister gives notice in writing to the operator of acceptance of the proposal under subregulation (3) , the safety case in respect of the relevant facility applies to the ancillary unit, for the purposes of these regulations, as if the ancillary unit were part of that facility.

(5)  A safety case may be submitted in stages.

8.   Decision of Minister on proposed safety case

(1)  If the Minister is reasonably satisfied –

(a) that the safety case in respect of a facility –

(i) is appropriate to the facility; and

(ii) complies with these regulations; and

(b) where the Minister has, under regulation 13(2) , required a validation relating to the facility, that –

(i) the person, or each of the persons, undertaking the validation meets the criterion specified in regulation 13(3) ; and

(ii) the validation complies with regulation 13(4)  –

the Minister must accept the safety case.

(2)  Subject to this regulation and regulation 9 , the Minister must, in any other case, refuse to accept the safety case.

(3)  If the Minister does not initially accept the safety case, the Minister must give the operator a reasonable opportunity to modify and re-submit the safety case.

(4)  If, after complying with subregulation (3) , the Minister decides –

(a) not to accept the safety case under this regulation; and

(b) not to accept it provisionally under regulation 9  –

the Minister must give the operator notice in writing setting out the terms of the decision and the reasons for it.

(5)  If, at any stage, the Minister decides –

(a) to accept the safety case under this regulation; or

(b) to accept it provisionally under regulation 9  –

the Minister must give the operator notice in writing of the decision.

9.   Provisional acceptance of safety case

(1)  Subject to subregulation (2) , if the Minister –

(a) accepts a particular stage of the safety case in respect of a facility; and

(b) considers that the safety case at that stage meets the criteria specified in regulation 8(1)  –

the Minister may provisionally accept the safety case.

(2)  The Minister must not provisionally accept a safety case until the Minister is reasonably satisfied that all elements of the safety case that are necessary for any activities to be carried out under the provisional acceptance have been provided.

(3)  A provisional acceptance of the safety case in respect of a facility –

(a) is to be given in writing to the operator of the facility; and

(b) is to specify the following matters, as far as applicable –

(i) the period during which the provisional acceptance is to be in force;

(ii) the extent to which the safety case has been accepted;

(iii) if any limitations apply in respect of the use or operation of the facility, those limitations.

10.   Revision of safety case

(1)  The operator of a facility must submit a proposal in writing to the Minister for the revision of the safety case in force for the facility –

(a) when developments in technical knowledge, or in the assessments of hazards, relevant to the facility make it appropriate to do so; or

(b) when, through a series of modifications, the operator can reasonably be expected to assess that there is a significant cumulative increase in the overall risk levels in respect of the facility; or

(c) when the operator proposes to undertake or permit a modification of the facility that has the potential to significantly influence the level of specific risks or the ranking of risk contributors; or

(d) when the operator proposes to make or permit a significant change to the safety management system in respect of the facility; or

(e) subject to subregulation (2) , when the operator proposes to dismantle, decommission or remove the facility.

(2)  Subregulation (1)(e) does not apply where the Minister has stated in writing that the proposed dismantling, decommissioning or removal is satisfactorily dealt with in the safety case in respect of the facility.

(3)  The operator of a facility must submit a proposal in writing to the Minister for the revision of the safety case in force for the facility in each of the following cases:

(a) if the Minister requests the operator to do so by notice in writing that sets out –

(i) the matters to be addressed by the required revision; and

(ii) the proposed date of effect of the revision; and

(iii) the grounds for the request;

(b) at the end of each period of 5 years commencing on the later of –

(i) the date when the safety case is first accepted by the Minister; or

(ii) the date of the most recent acceptance by the Minister, under this paragraph, of a revision of the safety case.

(4)  An operator to which the Minister gives a request under subregulation (3)(a) may make a submission in writing to the Minister, within 21 days of receiving the request or any longer period that the Minister in writing allows, stating the operator’s reasons in respect of all or any of the following matters:

(a) why the revision should not occur;

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

(c) whether or not the operator gives other reasons, why the notice should take effect on a later date than the proposed date of effect.

(5)  If an operator makes a submission in accordance with subregulation (4) in respect of a request, the Minister must –

(a) decide whether the Minister accepts all or any of the reasons stated in the submission; and

(b) give the operator notice in writing of the decision; and

(c) to the extent (if any) that the Minister decides to accept the reasons, give the operator notice in writing that varies or withdraws the request, in conformity with the decision; and

(d) to the extent (if any) that the Minister decides not to accept the reasons, give the operator notice in writing of the grounds for not accepting them.

(6)  If the Minister notifies the operator in writing of any concerns of the Minister with the proposed revision, the operator must submit a draft timetable, linked to the stages of the development or operations to which the proposed revision relates, for the proposed revision, and the timetable is to be negotiated and agreed between the operator and the Minister or, failing agreement, is to be determined by the Minister.

11.   Decision of Minister on proposed revision

(1)  If the Minister is reasonably satisfied –

(a) that the safety case in respect of a facility, when revised in accordance with the proposed revision –

(i) will be appropriate to the facility; and

(ii) will comply with these regulations; and

(b) that any additional risk to the safety of the facility or of persons on the facility, caused by reason of the revision, is reduced as much as is reasonably practicable; and

(c) where the Minister has, under regulation 13(2) , required material that establishes a validation relating to the facility, that the person, or each of the persons, who undertook the validation meets the criterion stated in regulation 13(3) and that the validation complies with regulation 13(4)  –

the Minister must accept the proposed revision.

(2)  Subject to subregulation (3) , the Minister must, in any other case, refuse to accept the proposed revision.

(3)  If the Minister does not initially accept the proposed revision, the Minister must give the operator a reasonable opportunity to modify and resubmit the proposed revision.

(4)  If, after complying with subregulation (3) , the Minister decides –

(a) not to accept the proposed revision under this regulation; and

(b) not to accept it provisionally under regulation 12  –

the Minister must give the operator notice in writing setting out the decision and the reasons for it.

(5)  If, at any stage, the Minister decides –

(a) to accept the proposed revision under this regulation; or

(b) to accept it provisionally under regulation 12  –

the Minister must give the operator notice in writing of the decision that specifies –

(c) the date on which the revision is to commence; or

(d) the respective dates on which the various parts of the revision are to commence.

12.   Provisional acceptance of proposed revision of safety case

(1)  The Minister may, by notice in writing to the operator of a facility, grant for the period specified in the notice a provisional acceptance of a proposed revision of the safety case in force for the facility.

(2)  The Minister may, by notice in writing to the operator –

(a) extend a provisional acceptance for the period specified in the notice; or

(b) cancel a provisional acceptance, with effect from the date of effect specified in the notice, being a date not earlier than the date on which the notice is given.

(3)  The Minister must not grant or extend a provisional acceptance of a proposed revision unless the Minister is satisfied that the operation of the facility in accordance with the proposed revision –

(a) will be appropriate to the facility; and

(b) will comply with these regulations; and

(c) will reduce to as low as is reasonably practicable any risk to the safety of the facility or of persons on the facility.

(4)  For the purposes of these regulations, a provisional acceptance in force under this regulation has effect, in accordance with its terms, as an acceptance of the revised safety case.

13.   Validation of design, construction and installation, or of significant change

(1)  The scope of validation in respect of a facility is to be agreed between the Minister and the operator of the facility or, failing agreement, is to be determined by the Minister.

(2)  The Minister may, by notice in writing, require the operator of a facility to provide material in writing to the Minister that establishes, to the reasonable satisfaction of the Minister, a validation –

(a) in the case of a proposed facility, in respect of the design, construction and installation (including instrumentation, process layout and process control systems) of the facility, insofar as those matters are covered by the scope of validation; or

(b) in the case of an existing facility, in respect of a proposed significant change to the facility.

(3)  The operator to which subregulation (2) applies must establish, to the reasonable satisfaction of the Minister, that each person undertaking the validation had the necessary competence and ability, and access to data, in respect of each matter being validated, to arrive at an independent opinion on the matter.

(4)  The validation is to establish, to the level of assurance reasonably required by the Minister –

(a) in the case of an existing facility, that, after any proposed change or changes, the facility will be fit for purpose; and

(b) in the case of a proposed facility, that the design, construction and installation (including instrumentation, process layout and process control systems) of the facility are fit for purpose and consistent with the formal safety assessment relating to the facility.

(5)  A validation may be submitted to the Minister in stages.

(6)  In this regulation,

existing facility means a facility at a location in an adjacent area, if the facility is or has been in use, or is available for use, in that location.

Division 2 - Contents of safety case

Subdivision 1 - General

14.   Core matters affecting safety of facility

(1)  The safety case in respect of a facility is to demonstrate –

(a) a facility description; and

(b) a formal safety assessment; and

(c) a safety management system –

each of which –

(d) is in place, or is to be put in place, for the facility; and

(e) complies with the relevant provisions of this regulation.

(2)  The facility description in respect of a facility –

(a) is to contain a description of the facility (including layout and design features that are complementary to the control measures identified as a result of a formal safety assessment); and

(b) is to provide for active and passive fire and explosion barriers to be used on the facility; and

(c) is to be consistent with the formal safety assessment in respect of the facility.

(3)  The formal safety assessment in respect of a facility is to contain –

(a) an identification of all hazards having the potential to cause a major accident event; and

(b) a detailed and systematic assessment of risk, including the likelihood and consequences of a major accident event; and

(c) a description of technical and other measures undertaken, or to be undertaken, to reduce that risk as far as is reasonably practicable or implemented, or to be implemented, to assess and minimise the likelihood or consequences of a major accident event; and

(d) a description of the design and layout of equipment, including the use of protective devices, so as to ensure that the risks to persons involved with the facility are reduced as far as is reasonably practicable.

(4)  The safety management system in respect of a facility is to make provision for –

(a) activities that will, or are likely to, take place on, or in connection with, the facility; and

(b) the continual and systematic identification of hazards related to the facility; and

(c) the continual and systematic assessment of –

(i) the likelihood of the occurrence, during normal or emergency situations, of injury or damage associated with those hazards; and

(ii) the likely nature of such injury or damage; and

(d) as far as reasonably practicable, the elimination or reduction of risks to persons involved with the facility and, in particular –

(i) risks arising during evacuation, escape and rescue in case of emergency; and

(ii) risks to persons involved with the facility arising from the equipment and hardware; and

(e) where the safety case identifies inspection and maintenance of, and testing programs for, the equipment and hardware as integral to the control of those risks, the requisite inspection, maintenance and testing programs; and

(f) criteria and information demonstrating that other risks to the safety of the facility and to persons on it have been reduced as far as reasonably practicable; and

(g) adequate communications between the facility and –

(i) appropriate onshore installations; and

(ii) appropriate vessels and aircraft; and

(iii) other appropriate facilities; and

(h) any other information that is reasonably necessary to demonstrate that the safety management system meets the requirements and objectives of these regulations; and

(i) the performance standards that apply to the safety management system specified in the safety case.

15.   Additional matters affecting safety of facility

(1)  A safety case is to specify the systems of monitoring, auditing and reviewing the implementation of the safety policies, objectives, procedures and performance standards specified in the safety case, so as to demonstrate the methods of –

(a) implementing the safety management system specified in the safety case; and

(b) ensuring the ongoing effectiveness of those systems by –

(i) continual and systematic identification of deficiencies in those systems; and

(ii) continual and systematic improvement of those systems.

(2)  The safety case in respect of a facility is to adequately specify all standards, Australian and international, to be applied in the design, construction, installation and operation of the facility or plant used on, or in connection with, the facility.

(3)  The safety case in respect of a facility is to specify an office or position on the facility, the occupant of which, while on duty –

(a) is in command of the facility; and

(b) is responsible for the safe operation of the facility.

(4)  The safety case in respect of a facility is to describe the means of ensuring, as far as reasonably practicable, that –

(a) the office or position referred to in subregulation (3) is continuously occupied while the facility is in operation; and

(b) the person for the time being in occupation of that office or position is competent, by reason of having the necessary skills, training and ability, to perform the functions of a person in command of the facility; and

(c) the identity (by reference to office or position) of the person in command of the facility can at all times readily be ascertained, by means of a notice displayed in accordance with subregulation (6) , by any person actually on the facility.

(5)  The safety case in respect of a facility is to describe the means of ensuring that, at all times –

(a) there is in place a command structure in respect of the facility that applies in the event of an emergency; and

(b) the command structure is clearly set out in a notice displayed in accordance with subregulation (6) .

(6)  For the purposes of subregulation (4)(c) and subregulation (5)(b) , a notice –

(a) is to be prominently displayed on the facility; and

(b) is to be easily legible.

(7)  The safety case in respect of a facility is to provide for the operator of the facility to ensure, as far as reasonably practicable, that each employee working on, or in connection with, the facility is competent, by reason of having the necessary skills, training and ability –

(a) to undertake –

(i) in normal operating conditions; and

(ii) in abnormal or emergency conditions; and

(iii) during any changes to or modifications of the facility –

the tasks, both routine and non-routine, that may reasonably be allocated to him or her; and

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

16.   Permit to work system for safe performance of various activities

(1)  The safety case in respect of a facility is to provide for the operator of the facility to establish and maintain, in accordance with subregulation (2) , a documented system of coordinating and controlling the safe performance of all work activities of persons on the facility, including in particular –

(a) welding and other hot-work; and

(b) cold-work (including physical isolation); and

(c) electrical work (including electrical isolation); and

(d) entry into, and working in a confined space; and

(e) procedures for working over water; and

(f) diving operations.

(2)  The system –

(a) is to form part of the safety management system specified in the safety case in force for the facility; and

(b) is to identify the persons having responsibility to authorise and supervise work; and

(c) is to ensure that persons involved with the facility are competent in the application of the permit to work system.

17.   Involvement of employees

(1)  The operator of a facility must demonstrate to the Minister, to the reasonable satisfaction of the Minister, that –

(a) in the development or revision of the safety case in respect of the facility, there has been effective consultation with, and participation of, the classes of persons (including, in particular, relevant employees) involved with the facility; and

(b) the safety case 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 and hazards to which they may be exposed on the facility.

(2)  A demonstration for the purposes of subregulation (1) is to be supported by adequate documentation.

(3)  In this regulation, a reference to relevant employees is a reference to employees who are –

(a) identifiable before the safety case is developed; and

(b) working, or likely to be working, on the relevant facility.

18.   Design, construction, installation, maintenance and modification

(1)  The safety case in respect of a facility is to specify an effective means of ensuring the adequacy of design, construction, installation, maintenance and modification of the facility, including its structural integrity.

(2)  In particular, the design, construction, installation, maintenance and modification of the facility is to provide for –

(a) adequate means of inventory isolation and pressure relief in the event of an emergency; and

(b) adequate means of gaining access for servicing and maintenance of the facility and machinery and other equipment on the facility; and

(c) adequate means of maintaining the structural integrity of the facility; and

(d) taking into account the results of the formal safety assessment relating to the facility.

19.   Medical and pharmaceutical supplies and services

The safety case in respect of a facility is to specify the medical and pharmaceutical supplies and services, sufficient for an emergency situation, that are to be maintained on, or in respect of, the facility.

20.   Machinery and equipment

(1)  The safety case in respect of a facility is to specify the equipment required on the facility (including process equipment, machinery and electrical and instrumentation systems) that relates to, or may affect, the safety of the facility.

(2)  The equipment is to be fit for its function or use –

(a) in normal operating conditions; and

(b) to the extent that it is intended to function, or be used, in an emergency, in case of emergency.

21.   Drugs and intoxicants

The safety case in respect of a facility is to specify adequate means of –

(a) securing, supplying and monitoring the use of therapeutic drugs on the facility; and

(b) preventing the use of –

(i) controlled substances (other than therapeutic drugs) on the facility; and

(ii) intoxicants on the facility.

Subdivision 2 - Provisions concerning emergencies

22.   Evacuation, escape and rescue

(1)  The safety case in respect of a facility is to contain, or refer to, an evacuation, escape and rescue analysis in respect of the facility that specifies adequate routes for evacuation and escape in the event of an emergency.

(2)  For the purposes of subregulation (1) , the safety case is to specify –

(a) the appropriate evacuation, escape and rescue analysis, and strategies for the control of evacuation, escape and rescue procedures; and

(b) adequate lifesaving equipment in accordance with the evacuation, escape and rescue analysis, including –

(i) sufficient life rafts to accommodate safely the maximum number of persons likely to be on the facility at any one time; and

(ii) suitable equipment to enable that number of persons to obtain access to the life rafts after launching and deployment; and

(c) in the case of a mobile facility, suitable equipment to provide float-free capability and means of launching; and

(d) the position or office of the person responsible for implementing and supervising procedures in the event of an emergency.

(3)  The safety case is to provide, in its evacuation, escape and rescue analysis, for the facility to have or contain amenities of the following kinds for the evacuation and escape of persons on the facility in the event of an emergency:

(a) suitable evacuation and escape routes that are, as far as reasonably practicable, to be kept freely passable at all times;

(b) in respect of any route that is not freely passable, suitable alternative arrangements;

(c) suitable equipment for evacuation and escape;

(d) suitable temporary refuge amenities that are equipped with appropriate means of emergency communication;

(e) suitable means of escape and rescue for use in the event of an emergency.

23.   Measures concerning fire and explosion hazards

(1)  A safety case in respect of a facility is to contain a fire risk analysis specifying –

(a) likely fire or explosion hazards to the facility; and

(b) measures for detecting those hazards; and

(c) measures for eliminating or reducing those hazards.

(2)  In particular, the analysis is to consider –

(a) the incorporation into the facility of both automatic and manual systems for the detection, control and extinguishment of –

(i) outbreaks of fire; and

(ii) leaks or escapes of gas; and

(b) the means of isolating and safely storing hazardous substances, such as fuel, explosives and chemicals, that are used or stored on the facility; and

(c) evacuation, escape and rescue procedures for use in the event of fire or explosion on the facility.

(3)  The design of the facility is to take into account the results of the analysis.

(4)  The safety case is to provide for each person who is on a facility when an escape drill or a fire drill is held in respect of the facility to take part in the drill.

24.   Emergency communications systems

(1)  The safety case in respect of a facility is to specify communications systems –

(a) within the facility; and

(b) between the facility and –

(i) appropriate onshore installations; and

(ii) appropriate vessels and aircraft; and

(iii) other appropriate facilities –

that, in the event of an emergency in connection with the facility, is adequate for those kinds of communication.

(2)  In particular, the safety case is to provide for the communications systems of the facility to be –

(a) adequate to handle –

(i) a likely emergency on or relating to the facility; and

(ii) the operation requirements of the facility; and

(b) protected so as to be capable of operation in an emergency to the extent specified by the formal safety assessment relating to the facility.

25.   Control systems

The safety case in respect of a facility is to specify adequate provision for the facility, in the event of an emergency, in respect of –

(a) backup power supply; and

(b) lighting; and

(c) alarm systems; and

(d) ballast control; and

(e) emergency shutdown systems.

26.   Emergency preparedness

(1)  The safety case in respect of a facility is to specify a response plan designed to address possible emergencies, the risk of which has been identified through the formal safety assessment in respect of the facility.

(2)  The plan –

(a) is to ensure the safety of persons likely to be on the facility at the time of the emergency; and

(b) is to specify the performance standards that it applies.

(3)  The safety case is to specify adequate provision for escape drill exercises and fire drill exercises by persons on the facility.

(4)  In particular, those exercises are to ensure that those persons will be trained to function in the event of emergency with an adequate degree of knowledge, preparedness and confidence concerning the relevant emergency procedures.

(5)  The safety case is to provide for the operator of the facility to ensure, as far as reasonably practicable, that escape drill exercises and fire drill exercises are held in accordance with the safety case relating to the facility.

(6)  The safety case in respect of a mobile facility is to also specify systems that are adequate to –

(a) shut down or disconnect, in the event of emergency, all operations on the facility that could adversely affect the safety of the facility; and

(b) give appropriate audible and visible warnings of the shutting down or disconnecting of those operations.

27.   Pipelines

(1)  The safety case in respect of a facility is to specify adequate procedures for shutting down or isolating, in the event of emergency, each pipeline connected to the facility, so as to stop the flow of hazardous substances through the pipeline.

(2)  In particular, the procedures are to include –

(a) effective means of controlling and operating all relevant emergency shutdown valves for a pipeline; and

(b) a fail-safe system of isolating a pipeline in the event of failure of other safety devices for the pipeline.

(3)  The safety case in respect of a facility is to also specify –

(a) adequate means of mitigating, in the event of emergency, the risks associated with each pipeline connected to the facility; and

(b) a frequency of periodic inspection and testing of pipeline emergency shutdown valves that can reasonably be expected to ensure that they will operate correctly in an emergency.

28.   Vessel and aircraft control

(1)  Subject to subregulation (2) , the safety case in respect of a facility is to specify a system for the operation of the facility that ensures, as far as reasonably practicable, the safe performance of the operations in respect of the facility that involve vessels or aircraft.

(2)  The system is to be able to meet the emergency response requirements identified in the formal safety assessment in respect of the facility and be described in the facility’s safety management system.

(3)  The equipment and procedures for ensuring safe vessel and aircraft operations are to be fit for purpose.

PART 4 - Penalty provisions

Division 1 - Operators and titleholders

29.   Compliance with, consent to construct and install and consent to use safety case

(1)  Except with the consent in writing of the Minister, the operator or titleholder of a facility must not construct or install the facility in a way that is contrary to –

(a) the consent to construct and install the facility; or

(b) the safety case in force for the facility.

Penalty:  Fine not exceeding 80 penalty units.

(2)  Except with the consent in writing of the Minister, the operator of a facility must not operate, remove, dismantle or decommission the facility in a way that is contrary to –

(a) the consent to use the facility; or

(b) the safety case in force for the facility.

Penalty:  Fine not exceeding 80 penalty units.

(3)  The operator of a facility must not –

(a) undertake or permit a modification of the facility that has the potential to significantly influence the level of specific risks or the ranking of risk contributors; or

(b) make or permit a significant change to the safety management system in respect of the facility; or

(c) subject to subregulation (4) , dismantle, decommission or remove the facility –

before acceptance by the Minister of a proposed revision, submitted under regulation 10(1) , in respect of the relevant activity.

Penalty:  Fine not exceeding 80 penalty units.

(4)  In the case of an activity mentioned in subregulation (3)(c) , subregulation (3) does not apply in any case where the Minister has issued a statement under regulation 10(2) in respect of the activity.

(5)  A person must not, in an adjacent area, make a significant change to the structure of a facility except in accordance with the provisions in the safety case in force for the facility.

Penalty:  Fine not exceeding 80 penalty units.

30.   Records

(1)  The operator of a facility must establish and maintain, in accordance with subregulation (2) , a system of storing records required under subregulation (3) to be stored in respect of the facility.

Penalty:  Fine not exceeding 30 penalty units.

(2)  The operator must store the records (for example, on paper or microfiche or by means of a computer) –

(a) at the nominated address in respect of the facility; and

(b) in a manner that makes their retrieval reasonably practicable; and

(c) in a secure manner acceptable to the Minister; and

(d) for the period of 5 years from the creation of the record.

(3)  The records required to be stored are –

(a) the safety case in force for the facility; and

(b) any revisions of the safety case; and

(c) any written audit reports of the safety case; and

(d) a copy of each report given by the operator in accordance with regulation 31(2) .

(4)  The operator of a facility must keep, in the manner and for the period specified in the safety case in force for the facility, documents required by the safety case to be kept, but this subregulation does not affect any duty under subregulation (3) .

Penalty:  Fine not exceeding 30 penalty units.

(5)  The operator must make available, in accordance with subregulation (6) , copies of records that are stored or documents that are kept by the operator in accordance with subregulation (3) or (4) (including, in the case of a record on computer, a print-out of the record), to any of the following persons on written or oral request by the person –

(a) the Minister; or

(b) on production to the operator of written evidence of the person’s appointment, a person holding an appointment as –

(i) a delegate, under section 15 of the Act, of the Minister; or

(ii) an inspector.

Penalty:  Fine not exceeding 30 penalty units.

(6)  The operator must make the copies of records or documents available to the person making the request, or to an agent appointed in writing by that person –

(a) during the following times:

(i) in the case of emergency on or in respect of the facility, at any time (including night-time) on any day;

(ii) in any other case, during normal business hours on any day, other than a Saturday, a Sunday or a public holiday, at the place where the records are kept; and

(b) either at the nominated address or, by agreement with the person making the request or that person’s agent, at any other place or by means of electronic transmission.

(7)  For the purpose of enabling records and documents to be made available in accordance with subregulation (5) , the operator of a facility must –

(a) notify in writing to the Minister, from time to time, a telephone number within Australia at which a request may be made under that subregulation; and

(b) ensure that arrangements are in place for calls made for the purpose of that subregulation to be received at that number, at any time (including night-time) on any day, and acted on in accordance with that subregulation.

Penalty:  Fine not exceeding 30 penalty units.

(8)  A record that constitutes, or forms part of, a written audit report stored in accordance with subregulation (3)(c) is not admissible in evidence against a defendant in any proceedings for an offence under these regulations.

(9)  Within 28 days of commencing to operate a facility, the operator of the facility must notify, or cause to be notified, in writing to the Minister, the nominated address of the operator in respect of the facility.

Penalty:  Fine not exceeding 30 penalty units.

(10)  In this regulation,

nominated address means an address within Australia notified in writing from time to time to the Minister, by or on behalf of the operator, as the address of the operator, for the purposes of these regulations, in respect of the facility specified in the notification.

31.   Reporting of significant accidents and significant incidents

(1)  The operator of a facility must give, at the earliest practicable opportunity, initial notice (whether oral or written) to an inspector of –

(a) a significant accident or significant incident on, or in connection with, the facility; or

(b) a significant accident sustained by a person on the facility –

being a notice that contains all material details concerning the accident or incident that are at that time reasonably available to the operator.

Penalty:  Fine not exceeding 40 penalty units.

(2)  Within a reasonable time specified by the inspector or, if no such time is specified, as soon as practicable after the occurrence of an accident or incident of a kind mentioned in subregulation (1) , the operator must give a report in writing to the inspector setting out fully all material facts and circumstances concerning the accident or incident that the operator –

(a) is aware of; or

(b) is able, by reasonable search and enquiry, to find out.

Penalty:  Fine not exceeding 40 penalty units.

(3)  The operator of a facility must compile and maintain a record of reports of each significant accident or significant incident occurring on or in connection with the facility, and details in each case of any corrective action taken.

Penalty:  Fine not exceeding 30 penalty units.

(4)  As soon as practicable after the end of each calendar month, the operator of a facility must submit to the inspector a summary in writing of –

(a) all deaths of persons on the facility; and

(b) all injuries to persons on the facility, other than minor injuries not requiring treatment or requiring only treatment in the nature of first aid.

Penalty:  Fine not exceeding 30 penalty units.

(5)  For the purposes of this regulation, an accident or incident is significant if it –

(a) resulted in the death of a person; or

(b) resulted in serious injury to a person or significant damage to the facility; or

(c) was likely to have had a result of a kind mentioned in paragraph (a) or (b) ; or

(d) was of a kind that a reasonable operator would consider to require an immediate investigation.

Division 2 - Persons on facility or connected with facility

32.   Possession, &c., of drugs and intoxicants

(1)  Subject to this regulation, a person on a facility must not have, in his or her possession or under his or her control –

(a) a controlled substance; or

(b) an intoxicant.

Penalty:  Fine not exceeding 10 penalty units.

(2)  In proceedings for an offence under subregulation (1)(a) , it is a defence –

(a) that the controlled substance was a therapeutic drug; and

(b) that the person had the therapeutic drug in his or her possession or under his or her control –

(i) in accordance with the safety case in force for the facility; or

(ii) in the course of the person’s employment or duties; or

(iii) in the course of the person’s duties or practice as a qualified medical practitioner, a qualified nurse or a qualified pharmacist; or

(iv) in accordance with the law of a State in force in, or applied to, the adjacent area in which the facility is located; or

(v) where the person had lawfully acquired the therapeutic drug, for the person’s bona fide personal use.

(3)  In proceedings for an offence under subregulation (1)(b) , it is a defence that the person had the intoxicant in his or her possession or under his or her control in accordance with the safety case in force for the facility.

33.   Duty to leave facility on instruction

(1)  A person on a facility must leave a facility when instructed to do so by the person in command of the facility.

Penalty:  Fine not exceeding 10 penalty units.

(2)  An instruction may be given orally or in writing.

34.   Duty to cooperate with operator or person in command

(1)  A person on a facility must cooperate with –

(a) the operator of the facility; and

(b) the person in command of the facility –

to the extent reasonably necessary for compliance by the operator or person in command with the safety case in force for the facility.

(2)  A person on a facility must comply with the safety requirements of the safety case in force for the facility.

Penalty:  Fine not exceeding 10 penalty units.

35.   Interference with accident sites

(1)  In the case of an accident on or to a facility that involves –

(a) the death of, or serious injury to, a person; or

(b) damage that endangers, or interferes with the safe operation of, the facility; or

(c) damage likely to have a consequence or effect mentioned in paragraph (a) or (b)  –

a person must not, before completion by an inspector of the investigation of the site of the accident, interfere with the site.

Penalty:  Fine not exceeding 20 penalty units.

(2)  In proceedings for an offence under subregulation (1) it is a defence that the defendant –

(a) was acting with the authority (whether written or oral) of an inspector; or

(b) was acting with lawful authority under the Act or any other law in force in, or applying to, the adjacent area where the facility is located; or

(c) was acting, in a reasonable manner, for any of the following purposes:

(i) helping or rescuing a sick, injured or endangered person;

(ii) maintaining the safety of the facility or of persons on the facility;

(iii) reducing danger to the facility or to persons on the facility.

Division 3 - Endangering or interfering with safety

36.   Endangering or interfering with safety of person, &c.

(1)  A person must not do any act that directly or indirectly endangers, or interferes with, the safety of another person on a facility.

Penalty:  Fine not exceeding 100 penalty units.

(2)  In this regulation,

act, in respect of a person, includes omission to do any act that the person is under a duty to perform –

(a) under the Act or any other law in force in, or applying to, the adjacent area where the facility is located; or

(b) under any contract to which the person is a party.

37.   Endangering or interfering with safe operation of facility

(1)  A person must not do any act that directly or indirectly endangers, or interferes with, the safe operation of a facility.

Penalty:  Fine not exceeding 100 penalty units.

(2)  In this regulation,

act, in respect of a person, includes an omission to do any act that the person is under a duty to perform –

(a) under the Act or any other law in force in, or applicable to, the adjacent area where the facility is located; or

(b) under any contract to which the person is a party.

PART 5 - Miscellaneous

38.   Applications and submissions – details to be given

(1)  An application or submission (however described) that an operator is required or permitted to make or lodge with the Minister under these regulations is to include the name and address and telephone and facsimile numbers of the relevant operator, or of the operator’s agent.

(2)  Any other application or submission (however described) that is required or permitted to be made to or lodged with the Minister under these regulations is to include the name and address and telephone and facsimile numbers of the person making or lodging it, or of the person’s agent.

(3)  An address required by subregulation (1) or (2) is to be in Australia.

(4)  Any change of the agent (where applicable), or of the address or telephone or facsimile numbers, is to be promptly notified in writing to the Minister.

(5)  Notwithstanding any other provision of these regulations, the Minister may, in the event of non-compliance in any respect with this regulation, decline to proceed with the relevant application or submission until compliance occurs.

39.   Notification of appointment of operator

(1)  The titleholder of a facility must ensure that, at all times, there is an operator in respect of the facility.

(2)  The operator of a facility is the person responsible for the overall management and operation of the facility.

(3)  The titleholder of a facility must, on or before lodging an application or submission under these regulations in respect of the facility, notify the Minister in writing of the name, address within Australia and telephone and facsimile numbers of the operator of the facility.

(4)  The titleholder of a facility must promptly notify in writing to the Minister any change of operator of the facility.

(5)  A person notified to the Minister as the operator of a facility remains, for the purposes of these regulations, the operator in respect of the facility until the end of the period of 28 days beginning on the day when the Minister receives, in accordance with subregulation (4) , notice of a change of operator.

(6)  An operator must promptly notify in writing to the Minister –

(a) any change of name of the operator (where the identity of the operator remains the same); or

(b) any change of the address or telephone or facsimile numbers of the operator.

(7)  The Minister must maintain a register or other record of matters notified under this regulation.

40.   Proof of appointment as operator

(1)  In proceedings under these regulations, a document that appears to the court to be a certificate by the Minister, in accordance with subregulation (2) , certifying a statement to the effect mentioned in subregulation (3) is admissible as evidence of the matters contained in the statement.

(2)  The certificate is to be signed by the Minister and be expressed to be in accordance with the register or other record maintained by the Minister under regulation 39(7) .

(3)  The statement is to be to the effect that, on a specified date, or during a specified period, a specified person was the operator in respect of a specified facility.

41.   Evidentiary provision

In proceedings under these regulations, a document signed by the Minister stating that a particular document, or a document of a particular kind –

(a) was not received by the Minister; or

(b) was received by the Minister on a particular day, or at a particular time on a particular day, or within a particular period –

is admissible as evidence of that matter or circumstance.

42.   Time limit for applications, &c.

Unless the contrary intention appears, where an application or submission (however described) is required or permitted to be made under these regulations, the time within which the application or submission is to be made, or may be made, is 28 days after the occurrence of the matter or circumstance giving rise to the application or submission.

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 construction, installation and use of vessels or structures used as a facility for the recovery of petroleum or for an associated purpose; and

(b) the submission, revision and acceptance of safety cases for petroleum facilities relating to all matters affecting the safety of the facility; and

(c) the contents of safety cases; and

(d) the reporting of serious accidents and incidents; and

(e) offences relating to the safe operation of a facility.