Offshore Petroleum and Greenhouse Gas Storage (Safety) Regulations 2024 (Cth)

Offshore Petroleum and Greenhouse Gas Storage (Safety) Regulations 2024

I, the Honourable Sam Mostyn AC, Governor‑General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following regulations.

Dated: 5 December 2024

Sam Mostyn AC Governor‑General

By Her Excellency's Command

Madeleine King Minister for Resources

Contents Chapter 1—Preliminary 1.1 Name 1.2 Commencement 1.3 Authority 1.4 Objects 1.5 Definitions 1.6 Vessels that are not facilities 1.7 Vessels that are not associated offshore places 1.8 Notices and reports Chapter 2—Offshore facilities Part 1—Preliminary 2.1AA Simplified outline of this Chapter Part 2—Operators and proposed operators Division 1—Operators 2.1AB Purpose of this Part 2.1 Nomination of operator—general 2.3 Acceptance or rejection of nomination of operator 2.4 Register of operators Division 2—Proposed operators 2.4A Nomination of proposed operator—general 2.4B Acceptance or rejection of nomination of proposed operator 2.4C Submission and acceptance of safety cases by proposed operators 2.4D Proposed operator to be registered as the operator and previous safety case ceases to be in force 2.4E Register of proposed operators Part 3—Design notification for new production facilities and new GHG facilities 2.4F Purpose of this Part 2.4FA New production facilities 2.4FB New GHG facilities 2.4G Design notification for proposed new production facility or new GHG facility 2.4H Requirements of design notification 2.4J NOPSEMA must assess and respond to a design notification 2.4K Fee for assessing design notification Part 4—Safety cases Division 1A—Purpose of this Part 2.4L Purpose of this Part Division 1—Contents of safety cases Subdivision A—Contents of a safety case 2.5 Facility description, formal safety assessment and safety management system 2.6 Implementation and improvement of the safety management system Subdivision B—Safety measures 2.7 Standards to be applied 2.8 Command structure 2.9 Members of the workforce must be competent 2.10 Permit to work system for safe performance of various activities 2.11 Involvement of members of the workforce 2.12 Design, construction, installation, maintenance and modification 2.13 Medical and pharmaceutical supplies and services 2.14 Machinery and equipment 2.15 Drugs and intoxicants 2.15A Sexual harassment, bullying and harassment Subdivision C—Emergencies 2.16 Evacuation, escape and rescue analysis 2.17 Fire and explosion risk analysis 2.18 Emergency communications systems 2.19 Control systems 2.20 Emergency preparedness 2.21 Pipes 2.22 Vessel and aircraft control Subdivision D—Record keeping 2.23 Arrangements for records Division 2—Submission and acceptance of safety cases 2.24 Safety case to be submitted to NOPSEMA 2.25 NOPSEMA may request more information 2.26 Acceptance or rejection of a safety case 2.27 Notice of decision on safety case 2.28 Consent to conduct activity in a manner different from safety case 2.29 Duties under Part 2 of Schedule 3 to the Act Division 3—Revised safety cases 2.30 Revision of a safety case because of a change of circumstances or operations 2.31 Revision on request by NOPSEMA 2.32 Revision at the end of each 5 year period 2.33 NOPSEMA may request more information 2.34 Acceptance or rejection of a revised safety case 2.35 Notice of decision on revised safety case 2.36 Effect of rejection of revised safety case Division 4—Withdrawal of acceptance of a safety case 2.37 Withdrawing acceptance of safety case for a facility 2.38 Steps to be taken before withdrawing acceptance Division 5—Exemptions 2.39 NOPSEMA may give an exemption Part 5—Validation 2.39A Purpose of this Part 2.40 Validation of design, construction and installation of proposed facility or significant change to existing facility Part 6—Notifying and reporting accidents and dangerous occurrences 2.41 Interpretation 2.42 Periods of incapacitation and notices and reports of accidents and dangerous occurrences 2.42A Monthly reporting of operational activities Part 7—Vessel activity notification scheme 2.42B Duty to notify NOPSEMA when vessel becomes a facility or an associated offshore place 2.42C Duty to notify NOPSEMA when vessel ceases to be a facility or an associated offshore place Part 8—Penalty provisions 2.42D Purpose of this Part 2.43 Facility must have an operator 2.44 Safety case required for the relevant stage in the life of a facility 2.45 Work on a facility must comply with the safety case 2.46 Significant new health and safety risk or significant increase in existing risk 2.46A Access to safety case 2.46B Reporting incidents of sexual harassment etc. 2.47 Maintaining records 2.48 Person at a facility must comply with safety case 2.49 Interference with accident sites Part 9—Miscellaneous 2.50 Details in applications or submissions Part 10—Application of this instrument if a remedial direction is in force 2.51 Application of this instrument if a remedial direction is in force Chapter 3—Occupational health and safety Part 1—Preliminary 3.1AA Simplified outline of this Chapter Part 2—Health and safety 3.1AB Purpose of this Part 3.1 Avoiding fatigue 3.2 Possession or control of drugs or intoxicants 3.3 Person must leave the facility when instructed to do so 3.4 Prohibition on the use of certain hazardous substances 3.5 Limitations on exposure to certain hazardous substances 3.6 Exposure to noise 3.7 Exemptions from hazardous substances and noise requirements Part 3—Election of health and safety representatives Division 1—Returning officer 3.7A Purpose of this Part 3.8 Appointment of returning officer Division 2—The poll 3.9 Number of votes 3.10 Right to secret ballot 3.11 Conduct of poll by secret ballot 3.12 Conduct of poll if no request made for secret ballot 3.13 If no candidate is elected Division 3—Polling by secret ballot 3.14 Ballot‑papers 3.15 Distribution of ballot papers 3.16 Manner of voting by secret ballot Division 4—The count 3.17 Envelopes given to returning officer 3.18 Scrutineers 3.19 Returning officer to be advised of scrutineers 3.20 Persons present at the count 3.21 Conduct of the count 3.22 Informal ballot‑papers 3.23 Completion of the count 3.24 Destruction of election material Division 5—Result of election 3.25 Request for recount 3.26 Irregularities at election 3.27 Result of poll Part 4—Advice, investigations and inquiries 3.29 Taking samples for testing etc Part 5—Exemptions from the requirements in Part 3 of Schedule 3 to the Act 3.31 Orders under clause 46 of Schedule 3 to the Act Part 6—State and Northern Territory laws that do not apply 3.32 Laws or parts of laws that do not apply Chapter 4—Diving Part 1—Preliminary 4.1 Simplified outline of this Chapter 4.2 Purpose of this Chapter Part 2—Diving safety management systems 4.3 No diving without DSMS 4.3A DSMS must be given to divers who request a copy 4.4 Contents of DSMS 4.5 Acceptance of new DSMS 4.5A NOPSEMA may request more information 4.6 Acceptance of revised DSMS 4.6A NOPSEMA may request more information—revised DSMS 4.7 Grounds for rejecting DSMS 4.8 Notice of reasons 4.9 Register of DSMSs 4.10 Revision of DSMS 4.11 Notice to revise DSMS Part 3—Withdrawal of acceptance of DSMS 4.11A Withdrawing acceptance of a DSMS for a diving project 4.11B Steps to be taken before withdrawing acceptance of a DSMS Part 4—Diving project plans 4.12 Diving project plan to be approved 4.13 Diving project plan to be given to NOPSEMA if there is no operator of a facility in connection with a diving project 4.14 Diving project plan to be given to NOPSEMA if requested 4.15 Updating diving project plan 4.16 Contents of diving project plan 4.17 No diving without approved or accepted diving project plan Part 5—Involvement of divers and members of the workforce 4.18 Involvement of divers and members of the workforce in DSMS and diving project plan Part 6—Safety responsibilities 4.19 Safety responsibilities of diving contractors 4.20 Safety in the diving area 4.21 Diving depths Part 7—Diving supervisors 4.22 Appointment of diving supervisors 4.23 Duties of diving supervisors Part 8—Start‑up notices 4.24 Start‑up notice 4.24AA Start‑up notice required for diving projects 4.24A NOPSEMA must accept or reject a start‑up notice 4.24B NOPSEMA may request further information 4.24C Withdrawal of acceptance of start‑up notice if diving has not commenced 4.24D Withdrawal of acceptance of start‑up notice if new or increased risks identified 4.24E Reinstatement of acceptance of start‑up notice Part 9—Diving operations 4.25 Divers in diving operations 4.26 Medical certificates Part 10—Records 4.27 Diving operations record 4.28 Divers' log books Chapter 5—Compliance and Enforcement Part 1—Preliminary 5.1 Simplified outline of this Chapter 5.2 Purpose of this Chapter Part 2—Civil penalties 5.3 Civil penalty provisions Part 3—Infringement notices 5.4 Infringement notices Part 4—Enforceable undertakings 5.5 Enforceable undertakings 5.6 Publication of enforceable undertakings Part 5—Injunctions 5.7 Injunctions Part 6—Other matters 5.8 Contravening offence provisions and civil penalty provisions 5.9 Daily penalties for continuing offences and continuing contraventions of civil penalty provisions Chapter 6—Transitional, saving and application provisions Part 1—Provisions relating to this instrument as made 6.1 Definitions 6.2 Things done by, or in relation to, NOPSEMA 6.3 Things started but not finished by NOPSEMA 6.4 Instruments made and other things done under the old regulations 6.5 Conduct, event, circumstances occurring before commencement day 6.6 Operator of a facility before commencement day 6.7 Existing safety cases remain in force 6.8 Existing DSMS remains in force 6.9 Existing diving project plans remain in force 6.10 Elections for health and safety representatives 6.11 Existing exemptions remain in force Schedule 1—Hazardous substances Part 1—Definitions 1 Definitions Part 2—Permitted circumstances for using certain hazardous substances 2 Permitted circumstances—certain hazardous substances Part 3—Permitted circumstances for using certain hazardous substances with carcinogenic properties 3 Permitted circumstances—certain hazardous substances with carcinogenic properties