Petroleum and Geothermal Energy Safety Levies Act 2011

 

Petroleum and Geothermal Energy Safety Levies Act 2011

Contents

Part 1 — Preliminary

1.Short title2

2.Commencement2

3.Terms used2

Part 2 — Safety levies

Division 1 — Safety management system levy

4.Safety management system levy7

5.Liability for payment of safety management system levy7

6.Amount of safety management system levy7

Division 2 — Pipeline safety case levy

7.Pipeline safety case levy8

8.Liability for payment of pipeline safety case levy8

9.Amount of pipeline safety case levy8

Division 3 — Facility safety case levy

10A.Facility safety case levy9

10B.Liability for payment of facility safety case levy9

10C.Amount of facility safety case levy9

Division 4 — Pipeline management plan levy

10D.Pipeline management plan levy10

10E.Liability for payment of pipeline management plan levy10

10F.Amount of pipeline management plan levy10

Division 5 — DSMS levy

10G.DSMS levy11

10H.Liability for payment of DSMS levy11

10I.Amount of DSMS levy11

Part 3 — Assessment and recovery of safety levies

10.Assessment of safety levy12

11.Payment of safety levy12

12.Penalty for non‑payment of safety levy12

13.Recovery of safety levy and penalty amount13

Part 4 — Objections and review

14.Objection14

15.Determination of objection14

16.Review of decision on objection14

17.Liability to pay not affected by objection14

Part 5 — Information and records

18.CEO may require information and records15

19.Incriminating information16

20.False or misleading information16

Part 6 — Other matters

21.Petroleum and Geothermal Energy Safety Levies Account18

22.Delegation18

23.Confidentiality19

24.Protection from liability19

25.Evidentiary value of assessment notice20

26.Regulations20

Notes

Compilation table22

Uncommenced provisions table23

Defined terms

 

Petroleum and Geothermal Energy Safety Levies Act 2011

An Act to provide for levies in relation to petroleum operations, geothermal energy operations, pipeline operations and offshore petroleum operations, and for related purposes.

[Long title amended: No. 19 of 2012 s. 4.]

The Parliament of Western Australia enacts as follows:

Part 1  Preliminary

1.Short title

This is the Petroleum and Geothermal Energy Safety Levies Act 2011.

2.Commencement

This Act comes into operation as follows —

(a)sections 1 and 2 — on the day on which this Act receives the Royal Assent;

(b)the rest of the Act — on a day fixed by proclamation, and different days may be fixed for different provisions.

3.Terms used

In this Act, unless the contrary intention appears —

accepted DSMS means a DSMS, as defined in the Petroleum (Submerged Lands) (Diving Safety) Regulations 2007, that —

(a)has been accepted by the Minister responsible for the administration of the Petroleum (Submerged Lands) Act 1982; and

(b)is current for the purposes of those regulations;

assessment means an assessment of an amount of safety levy under section 10;

assessment notice means —

(a)a notice given under section 10(1)(b); or

(b)a notice of reassessment given in accordance with the regulations;

CEO means the chief executive officer of the department;

department means the department of the Public Service principally assisting in the administration of this Act;

diving contractor has the meaning given in the Petroleum (Submerged Lands) (Diving Safety) Regulations 2007;

diving safety management system means a DSMS as defined in the Petroleum (Submerged Lands) (Diving Safety) Regulations 2007;

DSMS levy means the levy referred to in section 10G;

facility has the meaning given in the Petroleum (Submerged Lands) Act 1982 section 4;

facility safety case levy means the levy referred to in section 10A;

geothermal energy operation has the meaning given in the Petroleum and Geothermal Energy Resources Act 1967 section 5(1);

levy period means a period prescribed as the period in respect of which a safety levy is payable;

licensee, in relation to a pipeline operation, has the meaning given in the Petroleum Pipelines Act 1969 Schedule 1 clause 3;

objection means an objection under section 14(1);

operator

(a)in relation to a petroleum operation or geothermal energy operation, has the same meaning as in the Petroleum and Geothermal Energy Resources Act 1967; or

(b)in relation to a facility, has the meaning given in the Petroleum (Submerged Lands) Act 1982 Schedule 5 clause 3;

penalty amount means an amount payable under section 12(1);

petroleum operation has the meaning given in the Petroleum and Geothermal Energy Resources Act 1967 section 5(1);

PGERA regulations means the Petroleum and Geothermal Energy Resources (Management of Safety) Regulations 2010;

pipeline has the meaning given in the Petroleum (Submerged Lands) Act 1982 section 4;

pipeline licensee, in relation to a pipeline, has the meaning given in the Petroleum (Submerged Lands) Act 1982 section 4;

pipeline management plan has the same meaning as in the Petroleum (Submerged Lands) (Pipelines) Regulations 2007;

pipeline management plan in force, in relation to a pipeline, means a pipeline management plan or a revised pipeline management plan —

(a)that has been accepted in relation to the pipeline by the Minister responsible for the administration of the Petroleum (Submerged Lands) Act 1982; and

(b)the acceptance of which has not been withdrawn;

pipeline management plan levy means the levy referred to in section 10D;

pipeline operation has the meaning given in the Petroleum Pipelines Act 1969 section 4(1) as affected by the Barrow Island Act 2003 section 11;

pipeline safety case levy means the levy referred to in section 7;

PPA regulations means the Petroleum Pipelines (Management of Safety of Pipeline Operations) Regulations 2010;

prescribed means prescribed by the regulations;

reassessment means a reassessment of an amount of safety levy in accordance with the regulations;

record means any document or record of information, irrespective of how the information is recorded or stored or able to be recovered and includes —

(a)any thing from which images, sounds or writings can be reproduced, with or without the aid of anything else; and

(b)any thing on which information is recorded or stored, whether electronically, magnetically, mechanically or by some other means;

revised pipeline management plan has the same meaning as in the Petroleum (Submerged Lands) (Pipelines) Regulations 2007;

revised safety case —

(a)in relation to a pipeline operation, has the same meaning as in the PPA regulations; or

(b)in relation to a facility, has the same meaning as in the Petroleum (Submerged Lands) (Management of Safety on Offshore Facilities) Regulations 2007;

revised safety management system has the same meaning as in the PGERA regulations;

safety case —

(a)in relation to a pipeline operation, has the same meaning as in the PPA regulations; or

(b)in relation to a facility, has the same meaning as in the Petroleum (Submerged Lands) (Management of Safety on Offshore Facilities) Regulations 2007;

safety case in force —

(a)in relation to a pipeline operation, means a safety case or revised safety case —

(i)that has been accepted in relation to the operation by the Minister responsible for the administration of the Petroleum Pipelines Act 1969; and

(ii)the acceptance of which has not been withdrawn,

and includes any condition imposed under the PPA regulations in respect of the operation;

or

(b)in relation to a facility, means a safety case or revised safety case —

(i)that has been accepted in relation to the facility by the Minister responsible for the administration of the Petroleum (Submerged Lands) Act 1982; and

(ii)the acceptance of which has not been withdrawn,

and includes any condition imposed under the Petroleum (Submerged Lands) (Management of Safety on Offshore Facilities) Regulations 2007 in respect of the facility or activities at the facility;

safety levy means —

(a)the safety management system levy; or

(b)the pipeline safety case levy; or

(c)the facility safety case levy; or

(d)the pipeline management plan levy; or

(e)the DSMS levy;

safety management system has the same meaning as in the PGERA regulations;

safety management system in force, for a petroleum operation or geothermal operation, means a safety management system or revised safety management system —

(a)that has been accepted in relation to the operation by the Minister responsible for the administration of the Petroleum and Geothermal Energy Resources Act 1967; and

(b)the acceptance of which has not been withdrawn,

and includes any condition imposed under the PGERA regulations in respect of the operation;

safety management system levy means the levy referred to in section 4.

[Section 3 amended: No. 19 of 2012 s. 5.]

Part 2 — Safety levies

Division 1 — Safety management system levy

4.Safety management system levy

(1)If, for the whole or a part of a levy period, there is a safety management system in force for a petroleum operation or geothermal energy operation, a levy is payable in respect of the safety management system.

(2)The levy is payable in accordance with the regulations.

(3)The levy is imposed.

[Section 4 amended: No. 51 of 2011 s. 4.]

5.Liability for payment of safety management system levy

(1)The person liable to pay the safety management system levy in respect of a safety management system in force for a petroleum operation is the operator of the petroleum operation.

(2)The person liable to pay the safety management system levy in respect of a safety management system in force for a geothermal energy operation is the operator of the geothermal energy operation.

6.Amount of safety management system levy

(1)The amount of safety management system levy payable is the amount that is specified in, or worked out in accordance with, the regulations.

(2)The regulations may specify different amounts of safety management system levy, or different means of working out amounts of safety management system levy, for different classes of safety management system.

Division 2 — Pipeline safety case levy

[Heading amended: No. 19 of 2012 s. 6.]

7.Pipeline safety case levy

(1)If, for the whole or a part of a levy period, there is a safety case in force for a pipeline operation, a levy is payable in respect of the safety case.

(2)The levy is payable in accordance with the regulations.

(3)The levy is imposed.

[Section 7 amended: No. 51 of 2011 s. 5.]

8.Liability for payment of pipeline safety case levy

The person liable to pay the pipeline safety case levy in respect of a safety case in force for a pipeline operation is the licensee of the pipeline operation.

[Section 8 amended: No. 19 of 2012 s. 7.]

9.Amount of pipeline safety case levy

(1)The amount of pipeline safety case levy payable is the amount that is specified in, or worked out in accordance with, the regulations.

(2)The regulations may specify different amounts of pipeline safety case levy, or different means of working out amounts of pipeline safety case levy, for different classes of safety case.

[Section 9 amended: No. 19 of 2012 s. 8.]

Division 3 — Facility safety case levy

[Heading inserted: No. 19 of 2012 s. 9.]

10A.Facility safety case levy

(1)If, for the whole or a part of a levy period, there is a safety case in force for a facility, a levy is payable in respect of the safety case.

(2)The levy is payable in accordance with the regulations.

(3)The levy is imposed.

[Section 10A inserted: No. 19 of 2012 s. 9; amended: No. 20 of 2012 s. 4.]

10B.Liability for payment of facility safety case levy

The person liable to pay the facility safety case levy in respect of a safety case in force for a facility is the operator of the facility.

[Section 10B inserted: No. 19 of 2012 s. 9.]

10C.Amount of facility safety case levy

(1)The amount of facility safety case levy payable is the amount that is specified in, or worked out in accordance with, the regulations.

(2)The regulations may specify different amounts of facility safety case levy, or different means of working out amounts of facility safety case levy, for different classes of safety case.

[Section 10C inserted: No. 19 of 2012 s. 9.]

Division 4 — Pipeline management plan levy

[Heading inserted: No. 19 of 2012 s. 9.]

10D.Pipeline management plan levy

(1)If, for the whole or a part of a levy period, there is a pipeline management plan in force for a pipeline, a levy is payable in respect of the pipeline management plan.

(2)The levy is payable in accordance with the regulations.

(3)The levy is imposed.

[Section 10D inserted: No. 19 of 2012 s. 9; amended: No. 20 of 2012 s. 5.]

10E.Liability for payment of pipeline management plan levy

The person liable to pay the pipeline management plan levy in respect of a pipeline management plan in force for a pipeline is the pipeline licensee for the pipeline.

[Section 10E inserted: No. 19 of 2012 s. 9.]

10F.Amount of pipeline management plan levy

(1)The amount of pipeline management plan levy payable is the amount that is specified in, or worked out in accordance with, the regulations.

(2)The regulations may specify different amounts of pipeline management plan levy, or different means of working out amounts of pipeline management plan levy, for different classes of pipeline management plan.

[Section 10F inserted: No. 19 of 2012 s. 9.]

Division 5 — DSMS levy

[Heading inserted: No. 19 of 2012 s. 9.]

10G.DSMS levy

(1)If, for the whole or a part of a levy period, there is an accepted DSMS, a levy is payable in respect of the accepted DSMS.

(2)The levy is payable in accordance with the regulations.

(3)The levy is imposed.

[Section 10G inserted: No. 19 of 2012 s. 9; amended: No. 20 of 2012 s. 6.]

10H.Liability for payment of DSMS levy

The person liable to pay the DSMS levy in respect of an accepted DSMS is the diving contractor to whom the accepted DSMS relates.

[Section 10H inserted: No. 19 of 2012 s. 9.]

10I.Amount of DSMS levy

(1)The amount of DSMS levy payable is the amount that is specified in, or worked out in accordance with, the regulations.

(2)The regulations may specify different amounts of DSMS levy, or different means of working out amounts of DSMS levy, for different classes of diving safety management system.

[Section 10I inserted: No. 19 of 2012 s. 9.]

Part 3  Assessment and recovery of safety levies

10.Assessment of safety levy

(1)The CEO must —

(a)assess the amount of safety levy that is payable; and

(b)give a notice to each of the persons liable to pay a safety levy specifying —

(i)the amount of safety levy payable; and

(ii)the day on which the safety levy is payable; and

(iii)any other matter required by the regulations.

(2)The CEO may make an assessment on the basis of information obtained or provided under this Act, the Petroleum and Geothermal Energy Resources Act 1967, the Petroleum Pipelines Act 1969 or the Petroleum (Submerged Lands) Act 1982.

(3)Subsection (2) does not limit the material to which the CEO can have regard when making an assessment.

[Section 10 amended: No. 19 of 2012 s. 10.]

11.Payment of safety levy

(1)An amount of safety levy becomes due and payable on the day specified in, or worked out in accordance with, the regulations.

(2)A safety levy is payable to the CEO.

12.Penalty for non‑payment of safety levy

(1)If an amount of safety levy remains unpaid after the day on which it becomes due and payable, the person liable to pay the safety levy is liable to pay to the CEO, in addition to the amount of safety levy, an amount calculated at the prescribed rate on the amount of safety levy from time to time remaining unpaid.

(2)The CEO may waive, in whole or in part, a penalty amount if the CEO considers that there are good reasons for doing so.

13.Recovery of safety levy and penalty amount

The following amounts may be recovered by the CEO in a court of competent jurisdiction as debts due to the State —

(a)an amount of safety levy that remains unpaid after the day on which it becomes due and payable;

(b)a penalty amount that remains unpaid.

Part 4  Objections and review

14.Objection

(1)A person may object to an assessment notice given to the person —

(a)on the ground that the person is not liable to pay the safety levy to which the notice relates; or

(b)on the ground that there is an error in the assessment or reassessment of the amount of safety levy payable; or

(c)on a prescribed ground (if any).

(2)An objection must be made to the CEO in writing within the prescribed period or any longer period that the CEO may allow.

(3)An objection must —

(a)identify the person making the objection; and

(b)give details of the grounds of the objection; and

(c)comply with any other prescribed requirements.

15.Determination of objection

The CEO must consider and make a decision on an objection in accordance with the regulations.

16.Review of decision on objection

A person who is dissatisfied with a decision of the CEO on an objection may apply to the State Administrative Tribunal for a review of the decision.

17.Liability to pay not affected by objection

A person’s liability to pay an amount of safety levy, or a penalty amount, is not affected by the making of an objection.

Part 5  Information and records

18.CEO may require information and records

(1)The CEO, for the purposes of the administration and enforcement of this Act, may do any of the following —

(a)direct a person —

(i)to give such information as the CEO requires; or

(ii)to answer a question put to the person;

(b)direct a person to produce a record in the person’s custody or under the person’s control;

(c)examine and make a copy of a record produced in response to a direction under paragraph (b).

(2)A direction under subsection (1)(a) —

(a)may be given orally or in writing to the person required to give the information or answer; and

(b)must specify the time at or within which the information or answer is to be given; and

(c)may require that the information or answer —

(i)be given orally or in writing; or

(ii)be given at or delivered to a place specified in the direction; or

(iii)in the case of written information or a written answer, be delivered by means specified in the direction; or

(iv)be verified by statutory declaration.

(3)A direction under subsection (1)(b) —

(a)must be given in writing to the person required to produce the record; and

(b)must specify the time at or within which the record is to be produced; and

(c)may require that the record be produced —

(i)at a place specified in the direction; and

(ii)by means specified in the direction.

(4)A person to whom a direction is given under subsection (1) must not, without reasonable excuse, fail to comply with the direction.

Penalty: a fine of $20 000.

19.Incriminating information

(1)An individual is not excused from giving information, answering a question or producing a record when directed to do so under section 18 on the ground that the information, answer to the question, or production of the record, might tend to incriminate the individual or make the individual liable to a penalty.

(2)However —

(a)the information or answer given or record produced; or

(b)giving the information, answering the question or producing the record; or

(c)any information, document or thing obtained as a direct or indirect consequence of giving the information, answering the question or producing the record,

is not admissible in evidence against the individual —

(d)in any civil proceedings; or

(e)in any criminal proceedings other than proceedings for perjury or an offence against section 20.

20.False or misleading information

(1)A person must not, in compliance or purported compliance with a direction under section 18 or any other requirement under this Act, do any of the things set out in subsection (2).

Penalty: a fine of $20 000.

(2)The things to which subsection (1) applies are —

(a)making a statement that the person knows is false or misleading in a material particular; or

(b)making a statement that is false or misleading in a material particular, with reckless disregard as to whether or not the statement is false or misleading in a material particular; or

(c)providing, or causing to be provided, information that the person knows is false or misleading in a material particular; or

(d)providing, or causing to be provided, information that is false or misleading in a material particular, with reckless disregard as to whether or not the information is false or misleading in a material particular.

Part 6  Other matters

21.Petroleum and Geothermal Energy Safety Levies Account

(1)An agency special purpose account called the Petroleum and Geothermal Energy Safety Levies Account (the Account) is to be established for the department under the Financial Management Act 2006 section 16.

(2)The Account must be credited with the following —

(a)any safety levy paid or recovered;

(b)any penalty amount paid or recovered.

(3)Moneys held in the Account must be applied in payment of the costs and expenses incurred in the administration and enforcement of these enactments —

(a)this Act;

(b)each listed OSH law as defined in the Petroleum and Geothermal Energy Resources Act 1967 section 5(1);

(c)each listed OSH law as defined in the Petroleum Pipelines Act 1969 section 4(1);

(d)each listed OSH law as defined in the Petroleum (Submerged Lands) Act 1982 section 4.

[Section 21 amended: No. 19 of 2012 s. 11.]

22.Delegation

(1)The CEO may delegate to a public service officer in the department any power or duty of the CEO under another provision of this Act.

(2)The delegation must be in writing signed by the CEO.

(3)A person to whom a power or duty is delegated under this section cannot delegate that power or duty.

(4)A person exercising or performing a power or duty that has been delegated to the person under this section is to be taken to do so in accordance with the terms of the delegation unless the contrary is shown.

(5)Nothing in this section limits the ability of the CEO to perform a function through an officer or agent.

23.Confidentiality

A person who is or has been engaged in the performance of functions under this Act must not, directly or indirectly, record, disclose or make use of any information obtained in the performance of those functions except —

(a)for the purpose of, or in connection with, performing functions under this Act or another written law; or

(b)as required or allowed by this Act or another written law; or

(c)with the written consent of the Minister or the person to whom the information relates; or

(d)for the purpose of any proceedings before a court or the State Administrative Tribunal arising out of the operation of this Act; or

(e)in prescribed circumstances.

Penalty: a fine of $20 000.

24.Protection from liability

(1)An action in tort does not lie against a person for anything that the person has done, in good faith, in the performance or purported performance of a function under this Act.

(2)The protection given by subsection (1) applies even though the thing done as described in that subsection may have been capable of being done whether or not this Act had been enacted.

(3)Despite subsection (1), the State is not relieved of any liability that it might have for another person having done anything as described in that subsection.

(4)In this section a reference to the doing of anything includes a reference to the omission to do anything.

25.Evidentiary value of assessment notice

An assessment notice (or a copy of an assessment notice) is admissible as evidence in proceedings under this Act and, in the absence of proof to the contrary, is proof of the following —

(a)the making of the assessment;

(b)the amount of safety levy assessed;

(c)the identity of the person liable to pay the safety levy;

(d)when payment of the safety levy is due;

(e)any other fact stated in the notice.

26.Regulations

(1)The Governor may make regulations prescribing all matters that are —

(a)required or permitted by this Act to be prescribed; or

(b)necessary or convenient to be prescribed for giving effect to the purposes of this Act.

(2)Without limiting subsection (1), the regulations may —

(a)provide for the amount of safety levy payable to be worked out on such basis, and in accordance with such factors, as are prescribed; and

(b)provide for the classification of safety management systems, safety cases, pipeline management plans and diving safety management systems; and

(c)without limiting paragraph (b), authorise or require the CEO to determine the classification of a safety management system, safety case, pipeline management plan or diving safety management system for the purposes of assessing the amount of safety levy payable in respect of the safety management system, safety case, pipeline management plan or diving safety management system, as the case requires; and

(d)deal with the assessment of the amount of safety levy payable and the procedure for assessment; and

(e)deal with the reassessment of the amount of safety levy payable and the procedure for reassessment; and

(f)provide for the payment and recovery of amounts, or the refund of amounts, after reassessment; and

(g)provide for matters relating to the determination of objections, and the review of decisions on objections, under Part 4; and

(h)provide for the keeping of records by persons who are or may be liable to pay a safety levy; and

(i)provide for review by the State Administrative Tribunal of decisions made under the regulations; and

(j)provide that contravention of a regulation is an offence and, for an offence against the regulations, provide for a penalty not exceeding a fine of $10 000.

[Section 26 amended: No. 19 of 2012 s. 12.]

 

Notes

This is a compilation of the Petroleum and Geothermal Energy Safety Levies Act 2011 and includes amendments made by other written laws. For provisions that have come into operation see the compilation table. For provisions that have not yet come into operation see the uncommenced provisions table.

Compilation table

Short title

Number and year

Assent

Commencement

Petroleum and Geothermal Energy Safety Levies Act 2011

50 of 2011

11 Nov 2011

s. 1 and 2: 11 Nov 2011 (see s. 2(a));
Act other than s. 1 and 2: 1 Jan 2012 (see s. 2(b) and Gazette 30 Dec 2011 p. 5573)

Petroleum and Geothermal Energy Safety Levies Amendment Act 2011

51 of 2011

11 Nov 2011

s. 1 and 2: 11 Nov 2011 (see s. 2(a));
s. 3‑5: 1 Jan 2012 (see s. 2(b)‑(d) and Gazette 30 Dec 2011 p. 5573)

Petroleum and Geothermal Energy Safety Levies Amendment Act 2012

19 of 2012

3 Jul 2012

s. 1 and 2: 3 Jul 2012 (see s. 2(a));
Act other than s. 1 and 2: 1 Oct 2012 (see s. 2(b) and Gazette 28 Sep 2012 p. 4647)

Petroleum and Geothermal Energy Safety Levies Amendment Act (No. 2) 2012

20 of 2012

3 Jul 2012

s. 1 and 2: 3 Jul 2012 (see s. 2(a));
Act other than s. 1 and 2: 1 Oct 2012 (see s. 2(b) and Gazette 28 Sep 2012 p. 4647)

Uncommenced provisions table

To view the text of the uncommenced provisions see Acts as passed on the WA Legislation website.

Short title

Number and year

Assent

Commencement

Work Health and Safety Act 2020 Pt. 15 Div. 3 Subdiv. 2

36 of 2020

10 Nov 2020

To be proclaimed (see s. 2(1)(c))

Safety Levies Amendment Act 2020 Pt. 3

37 of 2020

10 Nov 2020

Operative on commencement of the Work Health and Safety Act 2020 Pt. 15 (see s. 2(1)(b))

 

 

Defined terms

 

[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]

Defined termProvision(s)

accepted DSMS3

Account21(1)

assessment3

assessment notice3

CEO3

department3

diving contractor3

diving safety management system3

DSMS levy3

facility3

facility safety case levy3

geothermal energy operation3

levy period3

licensee3

objection3

operator3

penalty amount3

petroleum operation3

PGERA regulations3

pipeline3

pipeline licensee3

pipeline management plan3

pipeline management plan in force3

pipeline management plan levy3

pipeline operation3

pipeline safety case levy3

PPA regulations3

prescribed3

reassessment3

record3

revised pipeline management plan3

revised safety case3

revised safety management system3

safety case3

safety case in force3

safety levy3

safety management system3

safety management system in force3

safety management system levy3