Petroleum and Geothermal Energy Safety Levies Amendment Act 2012
CONTENTS
1. Short title 2
2. Commencement 2
3. Act amended 2
4. Long title amended 2
5. Section 3 amended 2
6. Part 2 Division 2 heading amended 6
7. Section 8 amended 6
8. Section 9 amended 6
9. Part 2 Divisions 3, 4 and 5 inserted 7
Division 3 — Facility safety case levy
10A. Facility safety case levy 7
10B. Liability for payment of facility safety case levy 7
10C. Amount of facility safety case levy 7
Division 4 — Pipeline management plan levy
10D. Pipeline management plan levy 8
10E. Liability for payment of pipeline management plan levy 8
10F. Amount of pipeline management plan levy 8
Division 5 — DSMS levy
10G. DSMS levy 8
10H. Liability for payment of DSMS levy 9
10I. Amount of DSMS levy 9
10. Section 10 amended 9
11. Section 21 amended 9
12. Section 26 amended 10
Petroleum and Geothermal Energy Safety Levies Amendment Act 2012
No. 19 of 2012
An Act to amend the Petroleum and Geothermal Energy Safety Levies Act 2011.
[Assented to 3 July 2012]
The Parliament of Western Australia enacts as follows:
1. Short title
This is the Petroleum and Geothermal Energy Safety Levies Amendment Act 2012.
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 and Geothermal Energy Safety Levies Act 2011.
4. Long title amended
In the long title delete “operations and pipeline operations,” and insert:
operations, pipeline operations and offshore petroleum operations,
5. Section 3 amended
(1) In section 3 delete the definitions of:
operator
PGERA regulations
PPA regulations
revised safety case
safety case
safety case in force
safety case levy
(2) In section 3 insert in alphabetical order:
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;
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;
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;
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 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;
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;
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;
(3) In section 3 in the definition of revised safety management system delete “it has”.
(4) In section 3 in the definition of safety levy delete paragraph (b) and insert:
(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;
(5) In section 3 in the definition of safety management system delete “it has”.
6. Part 2 Division 2 heading amended
In the heading to Part 2 Division 2 delete “Safety” and insert:
Pipeline safety
7. Section 8 amended
In section 8 after “pay the” insert:
pipeline
Note: The heading to amended section 8 is to read:
Liability for payment of pipeline safety case levy
8. Section 9 amended
(1) In section 9(1) after “amount of” insert:
pipeline
(2) In section 9(2) after “amounts of” (each occurrence) insert:
pipeline
Note: The heading to amended section 9 is to read:
Amount of pipeline safety case levy
9. Part 2 Divisions 3, 4 and 5 inserted
At the end of Part 2 insert:
Division 3 — Facility safety case levy
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.
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.
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.
Division 4 — Pipeline management plan levy
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.
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.
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.
Division 5 — DSMS levy
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.
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.
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.
10. Section 10 amended
In section 10(2) delete “1967 or the Petroleum Pipelines Act 1969.” and insert:
1967, the Petroleum Pipelines Act 1969 or the Petroleum (Submerged Lands) Act 1982.
11. Section 21 amended
In section 21(3):
(a) in paragraph (c) delete “section 4(1).” and insert:
section 4(1);
(b) after paragraph (c) insert:
(d) each listed
12. Section 26 amended
In section 26(2) delete paragraphs (b) and (c) and insert:
(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
Note: The heading to section 7 is to read:
Pipeline safety case levy
