Offshore Petroleum and Greenhouse Gas Storage Amendment (NOPSEMA) Act 2012

Offshore Petroleum and Greenhouse Gas Storage Amendment (NOPSEMA) Act 2012

No. 74 of 2012

table of provisions

SectionPage

1Purpose

2Commencement

3Principal Act

4Simplified outline—Part 1.1

5Definitions

6Evidence of matters entered in the Register

7Simplified outline—Division 1 of Part 6.5

8Appointment of petroleum project inspectors

647Appointment of petroleum project inspectors

647ANOPSEMA must issue identity cards to petroleum project inspectors

9Identity cards of petroleum project inspectors

10Simplified outline—Part 6.6

11Definitions—Part 6.6

12Authorised persons

13Petroleum safety zones

14Minister may authorise entry into area to be avoided

15Statute law revision—Fees for petroleum retention leases

16National Offshore Petroleum Safety Authority

17Simplified outline—Part 6.9

18Definitions—Part 6.9

19Functions and powers of the Safety Authority

20Safety Authority's functions

21Safety Authority's ordinary powers

22Judicial notice of seal

23Power to refer matters to NOGSAC

24Safety Authority Board

25Functions of the Board

26Chief Executive Officer and staff of the Safety Authority

27CEO acts for Safety Authority

711CEO acts for NOPSEMA

28Working with the Board

29Secondments to the Safety Authority

30Other Safety Authority provisions

31Minister may require the Safety Authority to prepare reports orgive information

32Directions to the Safety Authority

33Safety Authority must comply with directions

34Liability for acts and omissions—Part 6.9

35New section 718A inserted

718ALiability for acts and omissions—Structural integrity law, petroleum safety zones and the area to be avoided

36Liability for acts and omissions—Part 9.4

37New section 798A inserted

798ATransitional provisions—2012 amendments

38Simplified outline—Schedule 3

39Definitions—Schedule 3

40Updates to references to Safety Authority

41Disqualification of health and safety representatives

42Further updates to references to Safety Authority

43Exemptions

44Simplified outline—Part 4 of Schedule 3

45Powers, functions and duties of OHS inspectors

46Inspections

47Additional updates to references to Safety Authority

48Data access powers

49Retention of things seized

50Magistrate may permit a thing seized to be retained for a furtherperiod

51Reports on inspections

52Notifying and reporting accidents and dangerous occurrences

53Records of accidents and dangerous occurrences to be kept

54Institution of prosecutions

55Criminal Procedure Act 2009

56Repeal of amending Act

═══════════════

Endnotes

SectionPage

Victoria

SectionPage

Offshore Petroleum and Greenhouse Gas Storage Amendment (NOPSEMA) Act 2012[†]

No. 74 of 2012

[Assented to 4 December 2012]

Offshore Petroleum and Greenhouse Gas Storage Amendment (NOPSEMA) Act 2012
No. 74 of 2012

The Parliament of Victoriaenacts:

Offshore Petroleum and Greenhouse Gas Storage Amendment (NOPSEMA) Act 2012
No. 74 of 2012

1Purpose

The purpose of this Act is to amend the Offshore Petroleum and Greenhouse Gas Storage Act 2010 to—

(a)reflect that the name of the National Offshore Petroleum Safety Authority has changed to the National Offshore Petroleum Safety and Environmental Management Authority (NOPSEMA); and

(b)conferadditional functions and powers on NOPSEMA under that Act.

2Commencement

This Act comes into operation on 1 January 2013.

s. 2

3Principal Act

See:
Act No.
10/2010
and amending
Act Nos
55/2010, 62/2010, 80/2010, 53/2011 and 43/2012.
LawToday:
www.
legislation.
vic.gov.au

In this Act, the Offshore Petroleum and Greenhouse Gas Storage Act 2010 is called the Principal Act.

4Simplified outline—Part 1.1

(1)In section 4(5) of the Principal Act, for "(otherthan the occupational health and safety provisions in Schedule 3)" substitute ", other than the provisions of this Act for which the National Offshore Petroleum Safety and Environmental Management Authority is responsible".

(2)For section 4(6) of the Principal Act, substitute—

"(6)The National Offshore Petroleum Safety and Environmental Management Authority is responsible for the administration of—

(a)the occupational health and safety provisions in Schedule 3; and

(b)the provisions relating to petroleum safety zones and the area to be avoided in Part 6.6; and

(c)the regulations to the extent that theyrelate to occupational health and safety for offshore petroleum operations and offshore greenhouse gas storage operations within the meaning of Part6.9; and

(d)the regulations to the extent that they relate to the structural integrity of—

(i) facilities within the meaning of Schedule 3, other than vessels or structures described in clause 7 of that Schedule;

(ii)wells or well-related equipment used for the purposes of offshore petroleum operations within the meaning of Part 6.9.".

5Definitions

s. 5

(1)In section 6(1) of the Principal Act, the definition of Safety Authority is repealed.

(2)In section 6(1) of the Principal Act, insert the following definitions—

"NOPSEMA means the National Offshore Petroleum Safety and Environmental Management Authority continued in existence under section 645 of the Commonwealth Act;

structural integrityincludes—

(a)structural soundness;

(b)structural strength;

(c)stability;

(d)fitness for purpose;

(e)mechanical integrity;

(f)systems integrity, including the integrity of—

(i) electrical systems;

(ii)electronic systems;

(iii)hydraulic systems;

(iv)chemical systems;

(v)dynamic positioning systems;

(vi)other systems—

in connection with—

(g)the containment of petroleum, a greenhouse gas substance or any other substance; or

s. 5

(h)the health and safety of persons engaged in—

(i) offshore petroleum operations within the meaning of Part 6.9;

(ii)offshore greenhouse gas storage operations within the meaning of Part6.9;

structural integrity law means the provisions of this Act or the regulations to the extent that they relate to the structural integrity of—

(a) facilities within the meaning of Schedule 3, other than vessels or structures described in clause 7 of that Schedule; or

(b)wellsor well-related equipmentused for the purposes of offshore petroleum operations within the meaning of Part6.9;".

(3)In section 6(1) of the Principal Act, in the definition of petroleum project inspector, for"section 647" substitute "section 647(1) or(2)".

6Evidence of matters entered in the Register

s. 6

In section 551(2) of the Principal Act, for "a fee calculated under the regulations" substitute "theprescribed fee".

7Simplified outline—Division 1 of Part 6.5

In section 646(2) of the Principal Act, after "TheMinister" insert "or the Chief Executive Officer of NOPSEMA".

8Appointment of petroleum project inspectors

For section 647 of the Principal Act, substitute—

"647 Appointment of petroleum project inspectors

(1)The Chief Executive Officer of NOPSEMA may, by writing, appoint a person specified in subsection (3) to be a petroleum project inspector to exercise powers or perform functions under this Act or the regulations in relation to the structural integrity of—

(a)facilitieswithin the meaning of Schedule 3, other than vessels or structures described in clause 7 of that Schedule; or

(b)wells or well-related equipment used for the purposes of offshore petroleum operations within the meaning of Part6.9.

(2)The Minister may, by writing, appoint a person specified in subsection (3) to be a petroleum project inspector to exercise powers or perform functions under this Act and the regulations, except in relation tothe structural integrity of—

(a)facilities within the meaning of Schedule 3, other than vessels or structures described in clause 7 of that Schedule; or

(b)wells or well-related equipment used for the purposes of offshore petroleum operations within the meaning of Part6.9.

(3)For the purposes of subsections (1) and (2), the following persons are specified—

(a)an officer or employee of the Commonwealth, the State, another State or a Territory; or

s. 8

(b)an officer or employee of an authority of the Commonwealth, the State, another State or a Territory.

647ANOPSEMA must issue identity cards to petroleum project inspectors

(1)NOPSEMA must issue an identity card to a petroleum project inspector appointed under section 647(1).

(2)An identity card issued under subsection (1) must contain a recent photograph of the petroleum project inspector.

(3)A person appointed under section 647(1) who ceases to be a petroleum project inspector must immediately return the identity card to—

(a)NOPSEMA; or

(b)ifNOPSEMA, by written notice given to the person, specifies another person to whom the card is to be returned—that other person.

Penalty:5 penalty units.

(4)Subsection (3) does not apply if the identity card was lost or destroyed.

(5)A petroleum project inspector appointed under section 647(1) must carry the identity card at all times when exercising powers, or performing functions, under this Act or the regulations as a petroleum project inspector.".

9Identity cards of petroleum project inspectors

s. 9

(1)In the heading to section 648 of the Principal Act,for "Identity cards of" substitute "Ministermust issue identity cards to".

(2)In section 648(1) of the Principal Act, after "inspector" insert "appointed under section647(2)".

(3)In section 648(3) of the Principal Act, after "Aperson" insert "appointed under section647(2)".

(4)In section 648(5) of the Principal Act, after "inspector" insert "appointed under section647(2)".

10Simplified outline—Part 6.6

(1)In section 664(2) of the Principal Act, for "TheMinister" substitute "NOPSEMA".

(2)For section 664(4) of the Principal Act, substitute—

"(4)The area to be avoided is the part of the area described in Schedule 2 within the coastal waters of Victoria or within any area on the landward side of those coastal waters, but does not include a safety zone.".

11Definitions—Part 6.6

s. 11

(1)In section 666 of the Principal Act, in the definition of area to be avoided, in paragraph (a), omit "not".

(2)In section 666 of the Principal Act, in the definition of exempt vessel, in paragraph (b), for "the Minister" substitute "NOPSEMA".

12Authorised persons

In section 667(2) of the Principal Act, after "Minister" insert "or NOPSEMA".

13Petroleum safety zones

In section 668(1) of the Principal Act, for "theMinister" (wherever occurring) substitute "NOPSEMA".

14Minister may authorise entry into area to be avoided

(1)In the heading to section 672 of the Principal Act, for "Minister" substitute "NOPSEMA".

(2)In section 672(1) of the Principal Act, for "theMinister" substitute "NOPSEMA".

(3)In section 672(3) and (5) of the Principal Act, for "The Minister" substitute "NOPSEMA".

15Statute law revision—Fees for petroleum retention leases

(1)In section 685(1) of the Principal Act—

(a)for "licensee" (wherever occurring) substitute "lessee";

(b)for "licence" substitute "lease".

(2)In section 685(2) and (3) of the Principal Act, for "licence" (wherever occurring)substitute "lease".

16National Offshore Petroleum Safety Authority

s. 16

For the heading to Part 6.9 of the Principal Act, substitute—

"Part 6.9—NATIONAL OFFSHORE PETROLEUM SAFETYAND ENVIRONMENTAL MANAGEMENT AUTHORITY".

17Simplified outline—Part 6.9

(1)In section 702(2) of the Principal Act, for "National Offshore Petroleum Safety Authority" substitute "National Offshore Petroleum Safety and Environmental Management Authority".

(2)For section 702(3) of the Principal Act, substitute—

"(3)NOPSEMA has functions in relation to—

(a)the occupational health and safety of persons engaged in offshore petroleum operations or offshore greenhouse gas storage operations; and

(b)the structural integrity of facilities within the meaning of Schedule 3 (other than vessels or structures described in clause 7 of that Schedule) and wells and well-related equipment used for the purposes of offshore petroleum operations.".

(3)In section 702(4) of the Principal Act, for "theSafety Authority" substitute "NOPSEMA".

(4)In section 702(5) of the Principal Act, for "National Offshore Petroleum Safety Authority" substitute "National Offshore Petroleum Safety and Environmental Management Authority".

(5)In section 702(6) of the Principal Act, for "theSafety Authority" substitute "NOPSEMA".

18Definitions—Part 6.9

s. 18

In section 703 of the Principal Act—

(a)in the definition of Board, for "National Offshore Petroleum Safety Authority Board" substitute "National Offshore Petroleum Safety and Environmental Management Authority Board";

(b)in the definition of CEO, for "the Safety Authority" substitute "NOPSEMA".

19Functions and powers of the Safety Authority

In the heading to Division 2 of Part 6.9 of the Principal Act, for "the Safety Authority" substitute "NOPSEMA".

20Safety Authority's functions

(1)In the heading to section 704 of the Principal Act, for "Safety Authority's" substitute "NOPSEMA's".

(2)In section 704 of the Principal Act, for "TheSafety Authority" substitute "NOPSEMA".

(3)In section 704(a) of the Principal Act, after "thisAct" insert "or the regulations".

(4)For section 704(c) of the Principal Act, substitute—

"(c)to develop and implement effective monitoring and enforcement strategies to secure compliance by persons with—

(i) theiroccupational health and safety obligations under this Act and the regulations;

(ii)theirobligations under a structural integrity law;".

(5)After section 704(d) of the Principal Act, insert—

"(da) to—

(i) investigate accidents, occurrences and circumstances that involve, or may involve, deficiencies in the structural integrity of—

(A)facilities within the meaning of Schedule 3, other than vessels or structures described in clause 7 of that Schedule; or

(B)wells or well-related equipment used for the purposes of offshore petroleum operations; and

(ii)report, as appropriate, to the Minister and the Commonwealth Minister on those investigations;".

s. 20

(6)For section 704(e) of the Principal Act, substitute—

"(e)to advise persons, either on its own initiative or on request—

(i) on occupational health and safety matters relating to offshore petroleum operations or offshore greenhouse gas storage operations;

(ii)onmatters relating tothe structural integrity of the following—

(A)facilities, within the meaning of Schedule 3, other than vessels or structures described in clause 7 of that Schedule; or

(B)wells or well-related equipment used for the purposes of offshore petroleum operations;".

21Safety Authority's ordinary powers

s. 21

(1)In the heading to section 705 of the Principal Act, for "Safety Authority's" substitute "NOPSEMA's".

(2)In section 705(1) of the Principal Act, for "TheSafety Authority" substitute "NOPSEMA".

(3)In section 705(2) of the Principal Act—

(a)for "The Safety Authority's" substitute "NOPSEMA's";

(b)in paragraphs (c) and (d), for "the Safety Authority" substitute "NOPSEMA".

22Judicial notice of seal

In section 706 of the Principal Act, for "the Safety Authority" substitute "NOPSEMA".

23Power to refer matters to NOGSAC

In section 707(1) of the Principal Act, for "TheSafety Authority" substitute "NOPSEMA".

24Safety Authority Board

In the heading to Division 3 of Part 6.9 of the Principal Act, for "Safety Authority" substitute "NOPSEMA".

25Functions of the Board

(1)In section 708(1)(a) of the Principal Act, for "theSafety Authority" substitute "NOPSEMA".

(2)In section 708(1)(b)(iv) of the Principal Act, for "Ministerial Council on Mineral and Petroleum Resources" substitute "Standing Council on Energy and Resources".

(3)In section 708(1)(b) of the Principal Act, for "either or both" substitute "any or all".

(4)After section 708(1)(b)(v) of the Principal Act, insert—

"(va) policy or strategic matters relating to the structural integrity of—

(A)facilities, within the meaning of Schedule 3, other than vessels or structures described in clause 7 of that Schedule; or

(B)wells or well-related equipment used for the purposes of offshore petroleum operations;".

(5)In section 708(1)(b)(vi) of the Principal Act, for "the Safety Authority" substitute "NOPSEMA".

(6)In section 708(2)(c) of the Principal Act, for "Ministerial Council on Mineral and Petroleum Resources" substitute "Standing Council on Energy and Resources".

26Chief Executive Officer and staff of the Safety Authority

s. 26

In the heading to Division 4 of Part 6.9 of the Principal Act, for "the Safety Authority" substitute "NOPSEMA".

27CEO acts for Safety Authority

For section 711 of the Principal Act, substitute—

"711 CEO acts for NOPSEMA

Anything done by the CEO in the name of NOPSEMAor on NOPSEMA's behalf is taken to have been done by NOPSEMA.".

28Working with the Board

In section 712(1) and (3)(a) of the Principal Act, for "the Safety Authority's" substitute "NOPSEMA's".

29Secondments to the Safety Authority

s. 29

(1)In the heading to section 714 of the Principal Act, for "the Safety Authority" substitute "NOPSEMA".

(2)In section 714 of the Principal Act, for "the Safety Authority" substitute "NOPSEMA".

30Other Safety Authority provisions

In the heading to Division 5 of Part 6.9 of the Principal Act, for "Safety Authority" substitute "NOPSEMA".

31Minister may require the Safety Authority to prepare reports or give information

(1)In the heading to section 715 of the Principal Act, for "the Safety Authority" substitute "NOPSEMA".

(2)In section 715(1) and (2) of the Principal Act—

(a)for "the Safety Authority" (wherever occurring) substitute "NOPSEMA";

(b)for "the Safety Authority's" (wherever occurring) substitute "NOPSEMA's".

(3)In section 715(3) of the Principal Act, for "TheSafety Authority" substitute "NOPSEMA".

32Directions to the Safety Authority

(1)In the heading to section 716 of the Principal Act, for "the Safety Authority" substitute "NOPSEMA".

(2)In section 716(1) of the Principal Act—

(a)for "the Safety Authority" substitute "NOPSEMA";

(b)for "the Safety Authority's" substitute "NOPSEMA's".

33Safety Authority must comply with directions

s. 33

(1)In the heading to section 717 of the Principal Act, for "Safety Authority" substitute "NOPSEMA".

(2)In section 717 of the Principal Act, for "The Safety Authority" substitute "NOPSEMA".

34Liability for acts and omissions—Part 6.9

(1)In the heading to section 718 of the Principal Act, after "omissions" insert "—OHS".

(2)In section 718(1) of the Principal Act, for "theSafety Authority" (wherever occurring) substitute "NOPSEMA".

(3)After section 718(1) of the Principal Act, insert—

"(1A) This section does not apply to a person merely because the person is acting in accordance with a proposal or plan (howeverdescribed) that has been accepted, agreed or otherwise approved by or on behalf of NOPSEMA.".

35New section 718A inserted

After section 718 of the Principal Act, insert—

"718A Liability for acts and omissions—Structural integrity law, petroleum safety zones and the area to be avoided

(1)This section applies to the following persons—

(a)NOPSEMA;

(b)theCEO;

(c)a petroleum project inspector appointed under section 647(1);

(d)a person acting under the direction or authority of NOPSEMA or the CEO.

(2)This section does not apply to a person merely because the person is acting in accordance with a proposal or plan (howeverdescribed) that has been accepted, agreed or otherwise approved by or on behalf of NOPSEMA.

(3)A person to whom this section applies is not personally liable for anything done or omitted to be done in good faith—

(a)in the exercise of any power or authority relating to a petroleum safety zone or the area to be avoided or a function under a structural integrity law;

(b)in the reasonable belief that the act or omission was in the exercise of a power or authority relating to a petroleum safety zone or the area to be avoided or a function under a structural integrity law.".

36Liability for acts and omissions—Part 9.4

s. 36

(1)In section 787(1) of the Principal Act—

(a)in paragraph (d), for "section 647" substitute "section 647(2)";

(b)in paragraph (g), for "Minister;" substitute "Minister.";

(c)paragraph (h) is repealed.

(2)In section 787(2) of the Principal Act, omit "orthe Safety Authority".

37New section 798A inserted

After section 798 of the Principal Act, insert—

s. 37

"798A Transitional provisions—2012 amendments

On and after 1 January 2013, a reference to the National Offshore Petroleum Safety Authority in an Act, regulation, order, agreement, instrument or other document must, unless the context indicates otherwise, be taken to be a reference to NOPSEMA, so far as it relates to any period on or after that day.".

38Simplified outline—Schedule 3

In clause 2(8) of Schedule 3 to the Principal Act, for "the Safety Authority" substitute "NOPSEMA".

39Definitions—Schedule 3

In clause 3 of Schedule 3 to the Principal Act, in the definition of reviewing authority, for "Australian Industrial Relations Commission" substitute "Fair Work Australia within the meaning of the Fair Work Act 2009 of the Commonwealth".

40Updates to references to Safety Authority

In clauses 11(1) and (2), 32(2) and (8) and 36(1) of Schedule 3 to the Principal Act, for "the Safety Authority" (wherever occurring) substitute "NOPSEMA".