Petroleum and Geothermal Energy Safety Levies Act 2011
Western Australia
Petroleum and Geothermal Energy Safety Levies Act 2011
Contents
Part 1 — Preliminary
1.Short title2
2.Commencement2
3.Terms used2
3A.Diving operation5
3B.DSMS6
3C.Geothermal energy operation6
3D.Petroleum operation8
3E.Safety case10
Part 2 — Safety levies
Division 1 — Safety case levy
4.Safety case levy payable11
5.Liability for payment of safety case levy11
6.Amount of safety case levy11
Division 2 — DSMS levy
7.DSMS levy payable12
8.Liability for payment of DSMS levy12
9.Amount of DSMS levy12
Part 3 — Assessment and recovery of safety levies
10.Assessment of safety levy13
11.Payment of safety levy13
12.Penalty for non‑payment of safety levy13
13.Recovery of safety levy and penalty amount14
Part 4 — Objections and review
14.Objection15
15.Determination of objection15
16.Review of decision on objection15
17.Liability to pay not affected by objection16
Part 5 — Information and records
18.CIPS may require information and records17
19.Incriminating information18
20.False or misleading information19
Part 6 — Other matters
21.Petroleum and Geothermal Energy Safety Levies Account20
22.Delegation20
23.Confidentiality21
24.Protection from liability21
25.Evidentiary value of assessment notice22
26.Regulations22
Notes
Compilation table24
Defined terms
Western Australia
Petroleum and Geothermal Energy Safety Levies Act 2011
[Long title amended: No. 19 of 2012 s. 4; No. 36 of 2020 s. 309.]
The Parliament of Western Australia enacts as follows:
This is the Petroleum and Geothermal Energy Safety Levies Act 2011.
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.
In this Act, unless the contrary intention appears —
adjacent area has the meaning given in the Petroleum (Submerged Lands) Act 1982 section 60K and includes any space referred to in section 7 of that Act;
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;
CIPS means the Chief Inspector Petroleum Safety under the Work Health and Safety Act 2020 Schedule 1 Division 2;
construct has the meaning given in the Work Health and Safety Act 2020 section 4;
department means the department of the Public Service principally assisting in the administration of this Act;
design has the meaning given in the Work Health and Safety Act 2020 section 4;
diving operation — see section 3A;
DSMS — see section 3B;
DSMS levy means the levy referred to in section 7;
explore means to carry out a survey operation, drilling operation or other operation, other than a seismic survey, that relates to exploration for petroleum or geothermal energy resources;
geothermal energy has the meaning given in the Petroleum and Geothermal Energy Resources Act 1967 section 5(1);
geothermal energy operation — see section 3C;
geothermal energy resources 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;
objection means an objection under section 14(1);
oil shale includes naturally occurring hydrocarbons that are or may be contained in rocks from which they cannot be recovered otherwise than by mining those rocks as oil shale;
penalty amount means an amount payable under section 12(1);
petroleum —
(a)means —
(i)any naturally occurring hydrocarbon, whether in a gaseous, liquid or solid state; or
(ii)any naturally occurring mixture of hydrocarbons, whether in a gaseous, liquid or solid state; or
(iii)any naturally occurring mixture of 1 or more hydrocarbons, whether in a gaseous, liquid or solid state, and 1 or more of the following, that is to say, hydrogen sulphide, nitrogen, helium and carbon dioxide,
but does not include oil shale; and
(b)includes any petroleum as defined in paragraph (a) that has been returned to a natural reservoir; and
(c)also includes any petroleum as defined in paragraph (a) or (b) to which 1 or more things have been added, or from which 1 or more things have been wholly or partly removed, or both; and
(d)also includes any mixture that —
(i)has been recovered from a well; and
(ii)includes petroleum as defined in paragraph (a), (b) or (c);
petroleum operation — see section 3D;
place has the meaning given in the Work Health and Safety Act 2020 section 8(2);
plant has the meaning given in the Work Health and Safety Act 2020 section 4;
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;
safety case — see section 3E;
safety case levy means the levy referred to in section 4;
safety levy means the safety case levy or the DSMS levy;
structure has the meaning given in the Work Health and Safety Act 2020 section 4;
well means a hole in the Earth’s crust made by drilling, boring or any other means in connection with exploration for petroleum or geothermal energy resources or operations for the recovery of petroleum or geothermal energy, but does not include a seismic shot hole;
WHS regulations means regulations made under the Work Health and Safety Act 2020;
worker has the meaning given in the Work Health and Safety Act 2020 section 7.
[Section 3 amended: No. 19 of 2012 s. 5; No. 36 of 2020 s. 310.]
(1)In this section —
manned submersible craft —
(a)means a craft that is designed to maintain its occupants at or near atmospheric pressure while submerged (whether or not it is self‑propelled, and whether or not it is supplied with breathing mixture through an umbilical); and
(b)includes a craft in the form of a suit.
(2)A diving operation is a petroleum operation carried out in the adjacent area that comprises 1 or more dives.
(3)For the purposes of subsection (2), a dive is an activity that involves a person (the diver) —
(a)being in a chamber inside which the ambient pressure is equal to or higher than the hydrostatic pressure at a depth of 1 metre in seawater (whether or not the chamber is submerged in water or another liquid); or
(b)being submerged in water or another liquid and the diver’s lungs being subjected to a pressure greater than atmospheric pressure (whether or not the diver is wearing a wetsuit or other protective clothing); or
(c)being in a manned submersible craft that is submerged in water or another liquid.
[Section 3A inserted: No. 36 of 2020 s. 311.]
(1)In this section —
document has the meaning given in the Work Health and Safety Act 2020 section 4.
(2)A DSMS is a document —
(a)that a prescribed provision of WHS regulations requires for a diving operation; and
(b)that must set out, in accordance with any applicable requirements of WHS regulations, a safety management system for the diving operation.
[Section 3B inserted: No. 36 of 2020 s. 311.]
3C.Geothermal energy operation
(1)In this section —
accommodation premises —
(a)means residential premises —
(i)the occupation of which is necessary for the purposes of workers’ engagement at a geothermal energy site; and
(ii)that are not situated within a townsite as defined in the Land Administration Act 1997 section 26(1) or the metropolitan region as defined in the Planning and Development Act 2005 section 4(1);
and
(b)includes land, buildings and recreational facilities used in connection with the occupation of those premises;
geothermal energy site —
(a)means a place at which an activity referred to in subsection (2) is, or is to be, carried out; and
(b)includes any fixture, fitting, plant or structure at the place;
geothermal energy title means a permit, drilling reservation, lease, licence or other authority (however described) granted under the Petroleum and Geothermal Energy Resources Act 1967 in relation to geothermal energy or geothermal energy resources.
(2)A geothermal energy operation is an activity carried out in an area in respect of which a geothermal energy title is in force for the purpose of any of the following —
(a)exploring for geothermal energy resources;
(b)drilling or servicing a well for geothermal energy resources;
(c)recovering geothermal energy.
(3)Without limiting subsection (2), a geothermal energy operation includes the following activities —
(a)planning, designing, preparing or constructing a geothermal energy site if the activity is carried out at or in the vicinity of the geothermal energy site;
(b)commissioning, operating or maintaining a geothermal energy site;
(c)decommissioning or abandoning a geothermal energy site or removing any fixture, fitting, plant or structure from a geothermal energy site;
(d)constructing, commissioning, operating or maintaining administrative or other support facilities at or in the vicinity of a geothermal energy site;
(e)an activity relating to the care, security or maintenance of a geothermal energy site carried out at or in the vicinity of the geothermal energy site;
(f)constructing, commissioning, operating or maintaining accommodation premises at or in the vicinity of a geothermal energy site;
(g)a prescribed activity carried out in an area in respect of which a geothermal energy title is in force.
[Section 3C inserted: No. 36 of 2020 s. 311.]
(1)In this section —
accommodation premises —
(a)means residential premises —
(i)the occupation of which is necessary for the purposes of workers’ engagement at a petroleum site; and
(ii)that are not situated within a townsite as defined in the Land Administration Act 1997 section 26(1) or the metropolitan region as defined in the Planning and Development Act 2005 section 4(1);
and
(b)includes land, buildings and recreational facilities used in connection with the occupation of those premises;
petroleum site —
(a)means a place at which an activity referred to in subsection (2) is, or is to be, carried out; and
(b)includes any fixture, fitting, plant or structure at the place;
petroleum title means —
(a)a permit, drilling reservation, lease, licence or other authority (however described) granted under —
(i)the Petroleum and Geothermal Energy Resources Act 1967 in relation to petroleum; or
(ii)the Petroleum Pipelines Act 1969; or
(iii)the Petroleum (Submerged Lands) Act 1982;
or
(b)the Barrow Island lease as defined in the Barrow Island Act 2003 section 3.
(2)A petroleum operation is an activity that is carried out in an area in respect of which a petroleum title is in force, or that is carried out in the adjacent area, for the purpose of any of the following —
(a)exploring for petroleum;
(b)drilling or servicing a well for petroleum;
(c)extracting or recovering petroleum;
(d)injecting petroleum into a natural underground reservoir;
(e)processing petroleum;
(f)handling or storing petroleum;
(g)the piped conveyance or offloading of petroleum.
(3)Without limiting subsection (2), a petroleum operation includes the following activities —
(a)planning, designing, preparing or constructing a petroleum site if the activity is carried out at or in the vicinity of the petroleum site;
(b)commissioning, operating or maintaining a petroleum site;
(c)decommissioning or abandoning a petroleum site or removing any fixture, fitting, plant or structure from a petroleum site;
(d)constructing, commissioning, operating or maintaining administrative or other support facilities at or in the vicinity of a petroleum site;
(e)an activity relating to the care, security or maintenance of a petroleum site carried out at or in the vicinity of the petroleum site;
(f)constructing, commissioning, operating or maintaining accommodation premises at or in the vicinity of a petroleum site;
(g)a prescribed activity carried out in —
(i)an area in respect of which a petroleum title is in force; or
(ii)the adjacent area.
[Section 3D inserted: No. 36 of 2020 s. 311.]
(1)In this section —
document has the meaning given in the Work Health and Safety Act 2020 section 4.
(2)A safety case is a document —
(a)that a prescribed provision of WHS regulations requires for a petroleum operation or a geothermal energy operation; and
(b)that must set out, in accordance with any applicable requirements of WHS regulations, a case for safety of the operation.
[Section 3E inserted: No. 36 of 2020 s. 311.]
[Heading inserted: No. 36 of 2020 s. 312.]
[Heading inserted: No. 36 of 2020 s. 312.]
(1)If, for the whole or a part of a levy period, a safety case is in force for a petroleum operation or a geothermal energy operation, a levy is payable in respect of the safety case.
(2)The levy is payable in accordance with the regulations.
(2A)The levy is imposed.
(3)The regulations may make provision specifying, or for working out, when a safety case is in force for a petroleum operation or a geothermal energy operation.
[Section 4 inserted: No. 36 of 2020 s. 312; amended: No. 37 of 2020 s. 6.]
5.Liability for payment of safety case levy
(1)The person liable to pay the safety case levy is the person responsible for the safety case.
(2)The regulations may make provision specifying, or for working out, the person responsible for a safety case.
[Section 5 inserted: No. 36 of 2020 s. 312.]
(1)The amount of safety case levy payable is the amount specified in, or worked out in accordance with, the regulations.
(2)Without limiting section 26(3), the regulations may specify different amounts of safety case levy, or different means of working out amounts of safety case levy, for different classes of safety cases.
[Section 6 inserted: No. 36 of 2020 s. 312.]
[Heading inserted: No. 36 of 2020 s. 312.]
(1)If, for the whole or a part of a levy period, a DSMS is in force for a diving operation, a levy is payable in respect of the DSMS.
(2)The levy is payable in accordance with the regulations.
(2A)The levy is imposed.
(3)The regulations may make provision specifying, or for working out, when a DSMS is in force for a diving operation.
[Section 7 inserted: No. 36 of 2020 s. 312; amended: No. 37 of 2020 s. 7.]
8.Liability for payment of DSMS levy
(1)The person liable to pay the DSMS levy is the person responsible for the DSMS.
(2)The regulations may make provision specifying, or for working out, the person responsible for a DSMS.
[Section 8 inserted: No. 36 of 2020 s. 312.]
(1)The amount of DSMS levy payable is the amount specified in, or worked out in accordance with, the regulations.
(2)Without limiting section 26(3), the regulations may specify different amounts of DSMS levy, or different means of working out amounts of DSMS levy, for different classes of DSMSs.
[Section 9 inserted: No. 36 of 2020 s. 312.]
(1)The CIPS 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 CIPS 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, the Petroleum (Submerged Lands) Act 1982 or the Work Health and Safety Act 2020.
(3)Subsection (2) does not limit the material to which the CIPS can have regard when making an assessment.
[Section 10 amended: No. 19 of 2012 s. 10; No. 36 of 2020 s. 313.]
(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 CIPS.
[Section 11 amended: No. 36 of 2020 s. 314.]
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 CIPS, 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 CIPS may waive, in whole or in part, a penalty amount if the CIPS considers that there are good reasons for doing so.
[Section 12 amended: No. 36 of 2020 s. 315.]
13.Recovery of safety levy and penalty amount
The following amounts may be recovered by the CIPS 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.
[Section 13 amended: No. 36 of 2020 s. 316.]
Part 4 — Objections and review
(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 CIPS in writing within the prescribed period or any longer period that the CIPS 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.
[Section 14 amended: No. 36 of 2020 s. 317.]
The CIPS must consider and make a decision on an objection in accordance with the regulations.
[Section 15 amended: No. 36 of 2020 s. 318.]
16.Review of decision on objection
A person who is dissatisfied with a decision of the CIPS on an objection may apply to the State Administrative Tribunal for a review of the decision.
[Section 16 amended: No. 36 of 2020 s. 319.]
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.CIPS may require information and records
(1)The CIPS, 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 CIPS 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.
[Section 18 amended: No. 36 of 2020 s. 320.]
(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.
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)the Work Health and Safety Act 2020 in relation to petroleum operations and geothermal energy operations.
[(c), (d)deleted]
[Section 21 amended: No. 19 of 2012 s. 11; No. 36 of 2020 s. 321.]
(1)The CIPS may delegate to a public service officer in the department any power or duty of the CIPS under another provision of this Act.
(2)The delegation must be in writing signed by the CIPS.
(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 CIPS to perform a function through an officer or agent.
[Section 22 amended: No. 36 of 2020 s. 322.]
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.
(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.
(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), (c)deleted]
(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.
(3)Without limiting subsection (1), the regulations may make different provision for different classes of safety cases or DSMSs and may, accordingly —
(a)provide for the classification of safety cases or DSMSs; and
(b)without limiting paragraph (a), authorise or require the CIPS to determine the classification of a safety case or DSMS for the purposes of the regulations.
[Section 26 amended: No. 19 of 2012 s. 12; No. 36 of 2020 s. 323.]
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.
|
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)); |
|
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)); |
|
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)); |
|
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)); |
|
Work Health and Safety Act 2020 Pt. 15 Div. 3 Subdiv. 2 |
36 of 2020 |
10 Nov 2020 |
31 Mar 2022 (see s. 2(1)(c) and SL 2022/18 cl. 2) |
|
Safety Levies Amendment Act 2020 Pt. 3 |
37 of 2020 |
10 Nov 2020 |
31 Mar 2022 (see s. 2(1)(b) and SL 2022/18 cl. 2) |
[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)
accommodation premises3C(1), 3D(1)
Account21(1)
adjacent area3
assessment3
assessment notice3
CIPS3
construct3
department3
design3
dive3A(3)
diver3A(3)
diving operation3, 3A(2)
document3B(1), 3E(1)
DSMS3, 3B(2)
DSMS levy3
explore3
geothermal energy3
geothermal energy operation3, 3C(2) and (3)
geothermal energy resources3
geothermal energy site3C(1)
geothermal energy title3C(1)
levy period3
manned submersible craft3A(1)
objection3
oil shale3
penalty amount3
petroleum3
petroleum operation3, 3D(2) and (3)
petroleum site3D(1)
petroleum title3D(1)
place3
plant3
prescribed3
reassessment3
record3
safety case3, 3E(2)
safety case levy3
safety levy3
structure3
well3
WHS regulations3
worker3