Offshore Petroleum and Greenhouse Gas Storage (Environment) Regulations 2023 (Cth)

Offshore Petroleum and Greenhouse Gas Storage (Environment) Regulations 2023

I, General the Honourable David Hurley AC DSC (Retd), Governor‑General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following regulations.

Dated: 6 July 2023

David Hurley Governor‑General

By His Excellency's Command

Madeleine King Minister for Resources

Contents Part 1—Preliminary 1 Name 2 Commencement 3 Authority 4 Object 5 Definitions Part 2—Offshore project proposals 6 Submission of offshore project proposal 7 Contents of offshore project proposal 8 Further information 9 Suitability of offshore project proposal for publication 10 NOPSEMA must give proponent copies of comments 11 Resubmission of offshore project proposal after period for public comment 12 Further information on resubmitted proposal 13 Decision on resubmitted proposal 14 Withdrawal of offshore project proposal 15 Use of the offshore project proposal system for other activities Part 3—Financial assurance 16 Demonstration of financial assurance prior condition for acceptance of environment plan Part 4—Environment plans Division 1—Requirement for environment plan 17 Accepted environment plan required for activity 18 Operations must comply with accepted environment plan 19 Operations must not continue if new or increased environmental risk identified Division 2—Contents of environment plan 20 Purpose of this Division 21 Environmental assessment 22 Implementation strategy for environment plan 23 Details of titleholder and nominated liaison 24 Other information in environment plan Division 3—Consultation in preparing environment plan 25 Consultation with relevant authorities, persons and organisations etc Division 4—Submission and acceptance of environment plan 26 Submission of environment plan 27 Checking completeness of submitted environment plan 28 Publishing environment plan and associated information 29 Action on incomplete environment plan 30 Public comments on seismic or exploratory drilling environment plan 31 Seismic or exploratory drilling environment plan to be resubmitted if significantly modified 32 Further information 33 Making decision on submitted environment plan 34 Criteria for acceptance of environment plan 35 Notice of decision on environment plan, publication of accepted plan and submission and publication of summary 36 When environment plan is in force 37 Withdrawal of environment plan before decision Division 5—Revision of environment plan 38 Revision to include new activity 39 Revision because of other change, or proposed change, of circumstances or operations 40 Revision on request by NOPSEMA 41 Revision at the end of each 5 years 42 Existing environment plan continues in force if revised plan not accepted Division 6—Withdrawing acceptance of environment plan 43 Withdrawing acceptance of environment plan 44 Steps to be taken before withdrawing acceptance 45 Withdrawal of acceptance not affected by other provisions Division 7—End of environment plan 46 Plan ends when titleholder notifies completion Part 5—Incidents, reports and records 47 Notifying reportable incidents 48 Written report of reportable incidents 49 Additional written reports if requested 50 Reporting recordable incidents 51 Reporting environmental performance 52 Storage of records 53 Making records available Part 6—Miscellaneous Division 1—Information requirements 54 Notifying start and end of activity 55 Notifying certain operations to State or Territory 56 Titleholder may refer to information previously given Division 2—Fees 57 Offshore project proposals 58 Financial assurance assessments Division 3—Application of this instrument if remedial direction is in force 59 Application of this instrument if remedial direction is in force Part 7—Application, saving and transitional provisions Division 1—Application provisions relating to repeal of the Offshore Petroleum and Greenhouse Gas Storage (Environment) Regulations 2009 60 Definitions for Division 61 Offshore project proposal accepted before commencement day 62 Offshore project proposal submitted before commencement day but no decision made 63 Environment plan in force immediately before commencement day 64 Request to revise environment plan 65 Revision of environment plan at the end of each 5 years 66 Environment plan submitted before commencement day but no decision made 67 Withdrawing acceptance of environment plan 68 End of environment plan 69 Requirements in relation to incidents 70 Reporting on environmental performance 71 Storage of records 72 Notifying end of activity