Petroleum (Submerged Lands) Amendment Act 2011
Petroleum (Submerged Lands) Amendment Act 2011
CONTENTS
1. Short title 2
2. Commencement 2
3. Act amended 2
4. Section 4 amended 2
5. Section 125 amended 3
6. Section 126 amended 3
7. Section 137A amended 3
8. Part IIIA Division 1 heading deleted 3
9. Section 151A deleted 3
10. Section 151C deleted 3
11. Part IIIA Division 2 heading deleted 4
12. Section 151E amended 4
13. Sections 151F and 151G deleted 5
14. Part IIIA Divisions 3, 4 and 5 deleted 5
15. Schedule 3 Division 2 inserted 5
Division 2 — Provisions for Petroleum (Submerged Lands) Amendment Act 2011 5
6. Interpretation of references to Safety Authority in regulations 5
16. Schedule 5 clause 2 amended 6
17. Schedule 5 clause 26 amended 6
18. Schedule 5 clause 33 amended 6
19. Schedule 5 clause 38 amended 6
20. Schedule 5 clause 43 amended 7
21. Schedule 5 clause 45 amended 7
22. Schedule 5 clause 46 amended 7
23. Schedule 5 clause 47 amended 8
24. Schedule 5 Division 4 Subdivision 3 heading amended 9
25. Schedule 5 clause 49 amended 9
26. Schedule 5 clause 50 amended 9
27. Schedule 5 clause 51 amended 10
28. Schedule 5 clause 53 amended 10
29. Schedule 5 clause 54 amended 10
30. Schedule 5 clause 59 amended 11
31. Schedule 5 clause 64 amended 11
32. Schedule 5 Division 4 Subdivision 5 heading amended 11
33. Schedule 5 clause 78 amended 11
34. Various references in Schedule 5 to “OHS inspector” amended 12
35. Various references in Schedule 5 to “Safety Authority” amended 13
Western ustralia
Petroleum (Submerged Lands) Amendment Act 2011
No. 57 of 2011
An Act to amend the Petroleum (Submerged Lands) Act 1982.
[Assented to 30 November 2011]
The Parliament of Western Australia enacts as follows:
1. Short title
This is the Petroleum (Submerged Lands) Amendment 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. Act amended
This Act amends the Petroleum (Submerged Lands) Act 1982.
4. Section 4 amended
(1) In section 4 delete the definitions of:
listed
OHS inspector
Safety Authority
(2) In section 4 insert in alphabetical order:
listed
(a) section 124B, to the extent to which that section relates to —
(i) damage to, or interference with, a facility; or
(ii) interference with any operation or activity being carried out, or any works being executed, on, by means of, or in connection with, a facility;
or
(b) Schedule 5; or
(c) a regulation made for the purposes of Schedule 5; or
(d) a regulation made for the purposes of section 151D; or
(e) any other written law relating to occupational safety and health matters that is prescribed for the purposes of this paragraph;
5. Section 125 amended
In section 125(1) delete “except Part IIIA”.
6. Section 126 amended
In section 126(1) delete “Act other than Part IIIA,” and insert:
Act,
7. Section 137A amended
In section 137A(2)(c) delete “the Safety Authority or”.
8. Part IIIA Division 1 heading deleted
Delete the heading to Part IIIA Division 1.
9. Section 151A deleted
Delete section 151A.
10. Section 151C deleted
Delete section 151C.
11. Part IIIA Division 2 heading deleted
Delete the heading to Part IIIA Division 2.
12. Section 151E amended
(1) In section 151E:
(a) delete “The Safety Authority” and insert:
(1) The Minister
(b) delete paragraph (a);
(c) delete paragraph (d) and insert:
(d) to investigate accidents, occurrences and circumstances that affect, or have the potential to affect, the occupational safety and health of persons engaged in offshore petroleum operations;
(d) in paragraph (e) delete “its” and insert:
the Minister’s
(e) in paragraph (e) delete “operations;” and insert:
operations.
(f) delete paragraphs (f) and (g).
(2) At the end of section 151E insert:
(2) The Minister has power to do all things necessary or convenient to be done for or in connection with the performance of the Minister’s functions.
Note: The heading to amended section 151E is to read:
Minister’s occupational safety and health functions
13. Sections 151F and 151G deleted
Delete sections 151F and 151G.
14. Part IIIA Divisions 3, 4 and 5 deleted
Delete Part IIIA Divisions 3, 4 and 5.
15. Schedule 3 Division 2 inserted
At the end of Schedule 3 insert:
Division 2 — Provisions for Petroleum (Submerged Lands) Amendment Act 2011
6. Interpretation of references to Safety Authority in regulations
(1) This clause applies to these regulations —
(a) the Petroleum (Submerged Lands) (Diving Safety) Regulations 2007;
(b) the Petroleum (Submerged Lands) (Management of Safety on Offshore Facilities) Regulations 2007;
(c) the Petroleum (Submerged Lands) (Occupational Safety and Health) Regulations 2007;
(d) the Petroleum (Submerged Lands) (Pipelines) Regulations 2007.
(2) On and from the commencement of the Petroleum (Submerged Lands) Amendment Act 2011 section 12, a reference in the regulations to which this clause applies to the Safety Authority is to be taken, unless the context otherwise requires, to be a reference to the Minister.
(3) This clause expires 12 months after the commencement referred to in subclause (2).
16. Schedule 5 clause 2 amended
At the end of Schedule 5 clause 2 delete “Safety Authority.” and insert:
Minister.
17. Schedule 5 clause 26 amended
Delete Schedule 5 clause 26(b)(ii) and insert:
(ii) inspectors.
18. Schedule 5 clause 33 amended
In Schedule 5 clause 33(1)(a)(iii) delete “OHS inspector or to the Safety Authority” and insert:
inspector
19. Schedule 5 clause 38 amended
In Schedule 5 clause 38(1) delete “the Safety Authority or an OHS inspector” and insert:
an inspector
20. Schedule 5 clause 43 amended
(1) In Schedule 5 clause 43(4) delete “the Safety Authority or an OHS inspector” and insert:
an inspector
(2) In Schedule 5 clause 43(6) delete “OHS inspector or the Safety Authority” and insert:
inspector
21. Schedule 5 clause 45 amended
In Schedule 5 clause 45(2):
(a) delete “Safety Authority” and insert:
Minister
(b) delete “unless it” and insert:
unless the Minister
22. Schedule 5 clause 46 amended
At the end of Schedule 5 clause 46 delete “Safety Authority.” and insert:
Minister.
23. Schedule 5 clause 47 amended
(1) In Schedule 5 clause 47(1) delete “OHS inspector” and insert:
inspector
(2) In Schedule 5 clause 47(2):
(a) delete “Safety Authority” and insert:
Minister
(b) delete “OHS inspectors” (each occurrence) and insert:
inspectors
(c) delete “it does” and insert:
the Minister does
(3) In Schedule 5 clause 47(3):
(a) delete “Safety Authority” and insert:
Minister
(b) delete “it does” and insert:
the Minister does
(c) delete “OHS inspector” (each occurrence) and insert:
inspector
Note: The heading to amended Schedule 5 clause 47 is to read:
Powers, functions and duties of inspectors
24. Schedule 5 Division 4 Subdivision 3 heading amended
In the heading to Schedule 5 Division 4 Subdivision 3 delete “OHS”.
25. Schedule 5 clause 49 amended
In Schedule 5 clause 49(2):
(a) in paragraph (c) delete “OHS inspector’s” and insert:
inspector’s
(b) in paragraph (d) delete “Safety Authority’s” and insert:
Minister’s
26. Schedule 5 clause 50 amended
In Schedule 5 clause 50(2):
(a) in paragraph (a) delete “OHS inspector’s” and insert:
inspector’s
(b) in paragraph (b) delete “Safety Authority’s” and insert:
Minister’s
27. Schedule 5 clause 51 amended
In Schedule 5 clause 51(3):
(a) in paragraph (b) delete “OHS inspector’s” and insert:
inspector’s
(b) in paragraph (c)(i) delete “Safety Authority’s” and insert:
Minister’s
28. Schedule 5 clause 53 amended
In Schedule 5 clause 53:
(a) delete “OHS inspector” and insert:
inspector
(b) delete “OHS inspector’s” and insert:
inspector’s
Note: The heading to amended Schedule 5 clause 53 is to read:
Obstructing or hindering inspector
29. Schedule 5 clause 54 amended
In Schedule 5 clause 54(1)(f) delete “OHS inspector’s” and insert:
inspector’s
30. Schedule 5 clause 59 amended
In Schedule 5 clause 59(3)(a) delete “OHS inspector’s” and insert:
inspector’s
31. Schedule 5 clause 64 amended
(1) In Schedule 5 clause 64(2)(a) delete “OHS inspector’s” and insert:
inspector’s
(2) In Schedule 5 clause 64(3):
(a) delete “Safety Authority” and insert:
Minister
(b) delete “it wishes” and insert:
the Minister wishes
32. Schedule 5 Division 4 Subdivision 5 heading amended
In the heading to Schedule 5 Division 4 Subdivision 5 delete “OHS”.
33. Schedule 5 clause 78 amended
(1) Delete Schedule 5 clause 78(1) and insert:
(1) Proceedings for an offence against a listed
(2) In Schedule 5 clause 78(2) delete “the Safety Authority” and insert:
an inspector
(3) In Schedule 5 clause 78(3) delete “the Safety Authority” (each occurrence) and insert:
an inspector
(4) In Schedule 5 clause 78(5) delete “The Safety Authority” and insert:
An inspector
34. Various references in Schedule 5 to “OHS inspector” amended
In Schedule 5 in the provisions listed in the Table delete “OHS inspector” (each occurrence) and insert:
inspector
Table
Sch. 5 cl. 2 |
Sch. 5 cl. 33(1)(a)(iv) and (c)(i) |
Sch. 5 cl. 34(4)(a) |
Sch. 5 cl. 38(2), (3), (4), (6)(a) and (8) |
Sch. 5 cl. 39(1)(b)(i) |
Sch. 5 cl. 43(5) |
Sch. 5 cl. 44(b)(ii) |
Sch. 5 cl. 46 |
Sch. 5 cl. 48(1) and (2) |
Sch. 5 cl. 49(1), (2) and (3) |
Sch. 5 cl. 50(1) and (2) |
Sch. 5 cl. 51(1), (2), (3), (4) and (5) |
Sch. 5 cl. 52(1) |
Sch. 5 cl. 54(1) and (2) |
Sch. 5 cl. 55(1) and (3) |
Sch. 5 cl. 57(1), (2), (3), (4) and (5) |
Sch. 5 cl. 58(1), (2), (3), (5) and (6) |
Sch. 5 cl. 59(1), (5) and (7) |
Sch. 5 cl. 60(2), (3) and (4) |
Sch. 5 cl. 61(1), (4)(a), (5) and (8) |
Sch. 5 cl. 64(1) and (2)(b) |
Sch. 5 cl. 65(1), (3) and (9) |
Sch. 5 cl. 77(1)(g)(ii) |
|
Note: The heading to amended Schedule 5 clause 65 is to read:
Reviews of decisions of inspectors
35. Various references in Schedule 5 to “Safety Authority” amended
In Schedule 5 in the provisions listed in the Table delete “Safety Authority” (each occurrence) and insert:
Minister
Table
Sch. 5 cl. 25(2) and (8) |
Sch. 5 cl. 29(1) |
Sch. 5 cl. 34(2) |
Sch. 5 cl. 45(1) |
Sch. 5 cl. 48(2) |
Sch. 5 cl. 64(1), (4) and (5) |
Sch. 5 cl. 71(1) |
Sch. 5 cl. 72(1) |