Mining Act 1978
Petroleum, Geothermal Energy and Greenhouse Gas Storage Act 1967
Petroleum, Geothermal Energy and Greenhouse Gas Storage (Registration Fees) Act 1967
Petroleum and Greenhouse Gas Pipelines Act 1969
Petroleum and Greenhouse Gas Storage (Submerged Lands) Act 1982
Petroleum and Greenhouse Gas Storage (Submerged Lands) Registration Fees Act 1982
Mines and Petroleum Regulations Amendment Regulations 2026
Western Australia
Mines and Petroleum Regulations Amendment Regulations 2026
Contents
Part 1 — Preliminary
1.Citation1
2.Commencement1
Part 2 — Mining Regulations 1981 amended
3.Regulations amended2
4.Schedule 1 Form 8 amended2
5.Schedule 1 Form 10 amended2
Part 3 — Petroleum and Geothermal Energy Resources (Environment) Regulations 2012 amended
6.Regulations amended3
7.Regulation 1 amended3
8.Regulation 3 amended3
9.Regulation 4 amended3
10.Regulation 15 amended6
Part 4 — Petroleum and Geothermal Energy Resources (Hydraulic Fracturing) Regulations 2017 amended
11.Regulations amended7
12.Regulation 1 amended7
13.Regulation 3 amended7
Part 5 — Petroleum and Geothermal Energy Resources (Registration Fees) Regulations 1990 amended
14.Regulations amended8
15.Regulation 1 replaced8
1.Citation8
Part 6 — Petroleum and Geothermal Energy Resources Regulations 1987 amended
16.Regulations amended9
17.Regulation 1 replaced9
1.Citation9
18.Regulation 1A amended9
19.Regulation 1B inserted10
1B.Additives to petroleum10
20.Regulation 4 amended10
21.Regulation 5 amended10
22.Regulations 6 and 7 inserted10
6.Service of documents10
7.Lodging documents through Department’s website11
23.Regulations 13 to 15 inserted11
13.Transitional provisions relating to Petroleum Legislation Amendment Act 2024 s. 3311
14.Transitional provision relating to Petroleum Legislation Amendment Act 2024 s. 69 and 16413
15.Other transitional provisions relating to Petroleum Legislation Amendment Act 202413
24.Schedule 1 replaced17
Schedule 1 — Prescribed fees
25.Schedule 2 heading replaced19
Schedule 2 — Form of instrument of transfer of title under Petroleum, Geothermal Energy and Greenhouse Gas Storage Act 1967 s. 72
26.Schedule 2 amended19
Part 7 — Petroleum and Geothermal Energy Resources (Resource Management and Administration) Regulations 2015 amended
27.Regulations amended21
28.Regulation 1 amended21
29.Regulation 3 amended21
30.Regulation 4 amended23
31.Regulation 6 amended25
32.Regulation 8 amended25
33.Regulation 9 amended26
34.Part 3 Division 1 Subdivision 1A inserted26
Subdivision 1A — Preliminary
9A.Well includes associated well-related equipment26
9B.Well activity taken to occur if well not operational26
35.Regulation 10 amended26
36.Regulation 11 amended27
37.Regulation 16 amended27
38.Regulation 34 amended27
39.Regulation 36 amended27
40.Regulation 37 amended28
41.Part 6 heading amended28
42.Regulation 41 amended29
43.Regulation 47 amended29
44.Regulation 50 amended29
45.Part 6 Division 5 heading amended30
46.Regulation 58 amended30
47.Regulation 60 amended31
48.Part 7 heading amended31
49.Regulation 62 amended32
50.Part 8 Division 4 Subdivision 2A inserted33
Subdivision 2A — Other reports
78A.Report on work commitments other than wells or surveys33
51.Part 8 Division 4 Subdivision 3 heading amended34
52.Regulation 79A inserted34
79A.GHG report from licensee34
53.Regulation 80 amended36
54.Part 9 heading replaced37
Part 9 — Release of technical information about petroleum, regulated substances, geothermal energy and greenhouse gas
55.Regulation 82 amended37
56.Regulation 90A inserted38
90A.Release of information from greenhouse gas reports38
57.Regulation 91 amended38
58.Regulation 92 amended39
59.Schedule 1 amended40
60.Schedule 2 amended40
Division 1 — Required information: petroleum, geothermal or GHG permittee or holder of petroleum, geothermal or GHG drilling reservation
Division 2 — Required information: petroleum retention lessee or geothermal retention lessee
Division 2A — Required information: GHG retention lessee
Division 3 — Required information: petroleum licensee or geothermal licensee
61.Schedule 3 amended44
62.Schedule 4 amended46
63.Schedule 5 amended46
64.Schedule 6 replaced46
Schedule 6 — Final well activity data
65.Schedule 7 amended47
66.Schedule 8 replaced48
Schedule 8 — Well completion data
67.Schedule 9 amended50
68.Schedule 11 replaced51
Schedule 11 — Survey acquisition data
Division 1 — Seismic surveys
Division 2 — Other surveys
69.Schedule 13 replaced53
Schedule 13 — Processed survey data
Division 1 — 2D seismic surveys
Division 2 — 3D seismic surveys
Division 3 — Other surveys
70.Schedule 15 replaced57
Schedule 15 — Interpretative survey data
71.Schedule 16 amended57
72.Schedule 17 heading replaced58
Schedule 17 — Production and GHG injection reports
73.Schedule 17 amended58
Division 1 — Information for monthly production report for petroleum licensee
Division 2 — Information for monthly production report for geothermal licensee
Division 3 — Information for monthly GHG injection report
Division 4 — Information for annual GHG injection report
Division 5 — Information for monthly GHG accounting report
Division 6 — Information for annual GHG accounting report
Part 8 — Petroleum Pipelines (Environment) Regulations 2012 amended
74.Regulations amended64
75.Regulation 1 amended64
76.Regulation 4 amended64
77.Regulation 18 amended65
Part 9 — Petroleum Pipelines Regulations 1970 amended
78.Regulations amended66
79.Regulation 1 replaced66
1.Citation66
80.Regulations 2 and 3 inserted66
2.Term used66
3.Additives to petroleum66
81.Regulation 4C amended67
82.Regulations 5 and 6 inserted67
5.Service of documents67
6.Lodging documents through Department’s website68
83.Regulation 23 amended68
84.Regulations 27 to 33 inserted69
27.Requirement to provide annual pipeline performance report69
28.Reports may be combined70
29.Pipeline performance report for part of year70
30.Terms used71
31.Existing pipeline activities71
32.Terminated pipeline activity71
33.Transitional provisions relating to Petroleum Legislation Amendment Act 202472
Part 10 — Petroleum (Submerged Lands) (Environment) Regulations 2012 amended
85.Regulations amended74
86.Regulation 1 amended74
87.Regulation 3 amended74
88.Regulation 4 amended74
89.Regulation 11 amended79
90.Regulation 15 amended79
91.Regulation 18 amended79
92.Various references to “petroleum activity” amended79
93.Various penalties amended81
Part 11 — Petroleum (Submerged Lands) (Pipelines) Regulations 2022 amended
94.Regulations amended83
95.Regulation 1 amended83
96.Regulation 3A inserted83
3A.Additives to petroleum83
97.Part 2 Division 2A inserted84
Division 2A — Pipeline performance report
10A.Terms used84
10B.Requirement to provide annual pipeline performance report84
10C.Reports may be combined85
10D.Pipeline performance report for part of year85
10E.Existing pipeline licence86
10F.Terminated pipeline licence86
Part 12 — Petroleum (Submerged Lands) Registration Fees Regulations 1990 amended
98.Regulations amended87
99.Regulation 1 replaced87
1.Citation87
Part 13 — Petroleum (Submerged Lands) Regulations 1990 amended
100.Regulations amended88
101.Regulation 1 amended88
1.Citation88
102.Regulation 2A amended88
103.Regulation 2B inserted89
2B.Additives to petroleum89
104.Regulation 4 amended89
105.Regulation 5 amended89
106.Regulations 6 and 7 inserted89
6.Service of documents89
7.Lodging documents through Department’s website90
107.Regulations 13 to 15 inserted90
13.Transitional provision relating to Petroleum Legislation Amendment Act 2024 s. 3390
14.Transitional provision relating to Petroleum Legislation Amendment Act 2024 s. 355(1)91
15.Other transitional provisions relating to Petroleum Legislation Amendment Act 202491
108.Schedule 1 replaced97
Schedule 1 — Prescribed fees
109.Schedule 2 heading replaced99
Schedule 2 — Form of instrument of transfer of title under Petroleum and Greenhouse Gas Storage (Submerged Lands) Act 1982 s. 78
110.Schedule 2 amended99
Part 14 — Petroleum (Submerged Lands) (Resource Management and Administration) Regulations 2015 amended
111.Regulations amended100
112.Regulation 1 amended100
113.Regulation 3 amended100
114.Regulation 4 amended101
115.Regulation 6 amended104
116.Regulation 8 amended104
117.Regulation 9 amended104
118.Part 3 Division 1 Subdivision 1A inserted105
Subdivision 1A — Preliminary
9A.Well includes associated well‑related equipment105
9B.Well activity taken to occur if well not operational105
119.Regulation 10 amended105
120.Regulation 11 amended105
121.Regulation 16 amended106
122.Regulation 34 amended106
123.Regulation 36 amended106
124.Regulation 37 amended107
125.Part 6 heading amended107
126.Regulation 40 amended107
127.Regulation 41 amended108
128.Regulation 47 amended108
129.Regulation 50 amended109
130.Part 6 Division 5 heading amended109
131.Regulation 58 amended109
132.Regulation 60 amended110
133.Part 7 heading amended110
134.Regulation 62 amended111
135.Part 8 Division 4 Subdivision 2A inserted112
Subdivision 2A — Other reports
77A.Report on work commitments other than wells or surveys112
136.Part 8 Division 4 Subdivision 3 heading amended113
137.Regulation 78 amended113
138.Regulation 78A inserted114
78A.GHG report from licensee114
139.Regulation 79 amended115
140.Part 9 heading replaced117
Part 9 — Release of technical information about petroleum, regulated substances and greenhouse gas
141.Regulation 81 amended117
142.Regulation 89A inserted117
89A.Release of information from greenhouse gas reports117
143.Regulation 90 amended118
144.Regulation 91 amended119
145.Schedule 1 amended119
146.Schedule 2 amended119
Division 2 — Required information: petroleum retention lessee
Division 2A — Required information: GHG retention lessee
Division 3 — Required information: petroleum licensee
147.Schedule 3 amended123
148.Schedule 4 amended125
149.Schedule 5 replaced125
Schedule 5 — Final well activity data
150.Schedule 6 amended126
151.Schedule 7 replaced127
Schedule 7 — Well completion data
152.Schedule 8 amended129
153.Schedule 10 replaced130
Schedule 10 — Survey acquisition data
Division 1 — Seismic surveys
Division 2 — Other surveys
154.Schedule 12 replaced132
Schedule 12 — Processed survey data
Division 1 — 2D seismic surveys
Division 2 — 3D seismic surveys
Division 3 — Other surveys
155.Schedule 14 replaced136
Schedule 14 — Interpretative survey data
156.Schedule 15 amended136
157.Schedule 16 heading replaced136
Schedule 16 — Production and GHG injection reports
158.Schedule 16 amended137
Division 1 — Information for monthly production report from petroleum licensee
Division 2 — Information for monthly GHG injection report
Division 3 — Information for annual GHG injection report
Division 4 — Information for monthly GHG accounting report
Division 5 — Information for annual GHG accounting report
Mining Act 1978
Petroleum, Geothermal Energy and Greenhouse Gas Storage Act 1967
Petroleum, Geothermal Energy and Greenhouse Gas Storage (Registration Fees) Act 1967
Petroleum and Greenhouse Gas Pipelines Act 1969
Petroleum and Greenhouse Gas Storage (Submerged Lands) Act 1982
Petroleum and Greenhouse Gas Storage (Submerged Lands) Registration Fees Act 1982
Mines and Petroleum Regulations Amendment Regulations 2026
Made by the Governor in Executive Council.
These regulations come into operation as follows —
(a)Part 1 — on the day on which these regulations are published on the WA legislation website (publication day);
(b)the rest of the regulations — on the day on which the Petroleum Legislation Amendment Act 2024 sections 3, 176 and 210 come into operation.
Part 2 — Mining Regulations 1981 amended
This Part amends the Mining Regulations 1981.
In Schedule 1 Form 8 delete “Petroleum and Geothermal Energy Resources Act 1967” and insert:
Petroleum, Geothermal Energy and Greenhouse Gas Storage Act 1967
In Schedule 1 Form 10 delete “Petroleum and Geothermal Energy Resources Act 1967” and insert:
Petroleum, Geothermal Energy and Greenhouse Gas Storage Act 1967
Part 3 — Petroleum and Geothermal Energy Resources (Environment) Regulations 2012 amended
This Part amends the Petroleum and Geothermal Energy Resources (Environment) Regulations 2012.
In regulation 1 delete “Petroleum and Geothermal Energy Resources” and insert:
Petroleum, Geothermal Energy and Greenhouse Gas Storage
In regulation 3 delete “activity or geothermal activity” and insert:
activity, geothermal activity or greenhouse gas activity
(1)In regulation 4 delete “regulations, unless the contrary intention appears —” and insert:
regulations —
(2)In regulation 4 delete the definition of produced formation water.
(3)In regulation 4 insert in alphabetical order:
greenhouse gas activity —
(a)means any operations or works carried out in the State —
(i)under a greenhouse gas instrument; or
(ii)relating to a GHG operation that may have an environmental impact;
and
(b)includes all of the following —
(i)seismic or other surveys;
(ii)drilling;
(iii)construction and installation of a facility;
(iv)operation of a facility;
(v)modification of a facility;
(vi)decommissioning, dismantling or removing a facility;
(vii)processing or transporting a greenhouse gas substance;
(viii)injection or storage of a greenhouse gas substance in a well, underground reservoir or subsurface formation;
(ix)care and maintenance of land, waters or infrastructure;
(x)rehabilitation of land or waters;
greenhouse gas instrument means any of the following —
(a)a GHG exploration permit;
(b)a GHG drilling reservation;
(c)a GHG retention lease;
(d)a GHG injection licence;
(e)a GHG access authority;
(f)a GHG special prospecting authority;
(g)any other authority or consent granted by instrument under the Act for the carrying out of operations or works in the State relating to a GHG operation;
produced formation water means natural aqueous fluid recovered from a natural reservoir or resources pool in association with petroleum or a regulated substance;
(4)In regulation 4 in the definition of activity delete “activity or a geothermal activity;” and insert:
activity, a geothermal activity or a greenhouse gas activity;
(5)In regulation 4 in the definition of geothermal activity:
(a)in paragraph (j) delete “energy;” and insert:
energy; and
(b)after paragraph (j) insert:
(k)care and maintenance of land, waters or infrastructure; and
(l)rehabilitation of land or waters;
(6)In regulation 4 in the definition of instrument holder delete “instrument or a geothermal instrument” and insert:
instrument, a geothermal instrument or a greenhouse gas instrument
(7)In regulation 4 in the definition of operator paragraph (b)(i) and (ii) delete “instrument or geothermal instrument” and insert:
instrument, geothermal instrument or greenhouse gas instrument
(8)In regulation 4 in the definition of petroleum activity:
(a)in paragraph (b) after “petroleum” insert:
or regulated substance
(b)in paragraph (j) delete “petroleum;” and insert:
petroleum; and
(c)after paragraph (j) insert:
(k)care and maintenance of land, waters or infrastructure; and
(l)rehabilitation of land or waters;
In regulation 15(8) after “concentration of petroleum” insert:
or regulated substance
Part 4 — Petroleum and Geothermal Energy Resources (Hydraulic Fracturing) Regulations 2017 amended
This Part amends the Petroleum and Geothermal Energy Resources (Hydraulic Fracturing) Regulations 2017.
In regulation 1 delete “Petroleum and Geothermal Energy Resources” and insert:
Petroleum, Geothermal Energy and Greenhouse Gas Storage
In regulation 3 in the definition of petroleum authority delete “Part III” and insert:
Part 3
Part 5 — Petroleum and Geothermal Energy Resources (Registration Fees) Regulations 1990 amended
This Part amends the Petroleum and Geothermal Energy Resources (Registration Fees) Regulations 1990.
Delete regulation 1 and insert:
These regulations are the Petroleum, Geothermal Energy and Greenhouse Gas Storage (Registration Fees) Regulations 1990.
Part 6 — Petroleum and Geothermal Energy Resources Regulations 1987 amended
This Part amends the Petroleum and Geothermal Energy Resources Regulations 1987.
Delete regulation 1 and insert:
These regulations are the Petroleum, Geothermal Energy and Greenhouse Gas Storage Regulations 1987.
In regulation 1A insert in alphabetical order:
document, in relation to service and lodgment —
(a)means an application, a form, an instrument, a nomination, a notice or a submission; and
(b)includes any other record of information with respect to a geothermal energy operation, a GHG operation and a petroleum operation;
After regulation 1A insert:
For the purpose of paragraph (b)(ii) of the definition of petroleum in section 5(1) of the Act, a substance to assist the recovery of petroleum, or of a regulated substance, is prescribed.
In regulation 4 delete “prescribed” and insert:
approved
Note: The heading to amended regulation 4 is to read:
Form of instrument of transfer approved (Act s. 72(3)(a))
In regulation 5(1)(f), (g) and (h) delete “Petroleum and Geothermal Energy Resources” and insert:
Petroleum, Geothermal Energy and Greenhouse Gas Storage
22.Regulations 6 and 7 inserted
After regulation 5 insert:
(1)A registered holder must provide an email address for the service of documents by electronic means.
(2)If the Minister is required to serve a document on the registered holder, the Minister may serve the document as an email attachment to the email address provided by the registered holder.
(3)A document served by email on a registered holder is taken to have been served —
(a)if it is sent before 4.30 pm on a working day — on that day; or
(b)otherwise — on the next working day.
7.Lodging documents through Department’s website
(1)A document that is required under the Act to be lodged may be lodged as an electronic version by means of the Department’s website.
(2)A document that is lodged electronically after 4.30 pm on a working day and before 8.30 am on the next working day is taken to have been lodged at 8.30 am on that next working day.
(3)The Minister may at any time require a person who has lodged a document electronically to lodge it in hard copy form at the Department’s customer service counter at Mineral House, 100 Plain Street, East Perth WA 6004.
23.Regulations 13 to 15 inserted
After regulation 12 insert:
13.Transitional provisions relating to Petroleum Legislation Amendment Act 2024 s. 33
(1)This regulation is made under section 154(3) of the Act and applies before the day on which the Petroleum Legislation Amendment Act 2024 section 33 comes into operation.
(2)In paragraph (h) of the definition of operator in section 5(1) of the Act (as inserted by the Petroleum Legislation Amendment Act 2024 section 4(6)(b)), the reference to a person who has an authorisation referred to in section 67(2) of the Act is to be read as a reference to a person (other than the Minister) who is a party to an agreement, or who has an approval, under section 67 of the Act.
(3)In paragraph (b) of the definition of report in section 5(1) of the Act (as inserted by the Petroleum Legislation Amendment Act 2024 section 4(2)), the reference to an authorisation referred to in section 67(2) of the Act is to be read as a reference to an agreement or approval under section 67 of the Act.
(4)In section 86B(2)(n) of the Act (as inserted by the Petroleum Legislation Amendment Act 2024 section 39), the reference to an authorisation referred to in section 67(2) of the Act is to be read as a reference to an agreement or approval under section 67 of the Act.
(5)For the purposes of Part 3 Division 4A of the Act (as inserted by the Petroleum Legislation Amendment Act 2024 section 39), the registered holder, in relation to a title referred to in section 86B(2)(n) of the Act, as modified by subregulation (4), is —
(a)the person (other than the Minister) who is a party to the agreement under section 67 of the Act; or
(b)the person who has the approval under section 67 of the Act.
14.Transitional provision relating to Petroleum Legislation Amendment Act 2024 s. 69 and 164
(1)This regulation is made under section 154(3) of the Act and applies if amendment day, as defined in Schedule 2 clause 5(1) of the Act (as inserted by the Petroleum Legislation Amendment Act 2024 section 67), is the same day as amendment day as defined in Schedule 2 clause 6(1) of the Act (as inserted by the Petroleum Legislation Amendment Act 2024 section 175).
(2)In Schedule 2 clause 6(3)(a) of the Act (as inserted by the Petroleum Legislation Amendment Act 2024 section 175), the reference to section 142(1) of the Act as in force immediately before amendment day is to be read as a reference to section 142(1) of the Act as amended by the Petroleum Legislation Amendment Act 2024 Part 2 Division 2.
15.Other transitional provisions relating to Petroleum Legislation Amendment Act 2024
(1)In this regulation —
amendment day means the day on which the Petroleum Legislation Amendment Act 2024 section 3 comes into operation.
(2)This regulation is made under section 154(3) of the Act.
(3)In section 35(1) and (2) of the Act (as amended by the Petroleum Legislation Amendment Act 2024 Part 2), references to an instrument under section 33(3) of the Act include an instrument made before amendment day under section 33(2) of the Act as then in force.
(4)In section 48E of the Act (as amended by the Petroleum Legislation Amendment Act 2024 Part 2) —
(a)in subsection (1)(a), the reference to a notice of the kind referred to in section 48H(3A) of the Act includes a notice given before amendment day of the kind referred to in section 48H(3) of the Act as then in force; and
(b)in subsection (2A)(a), the reference to an instrument under section 48E(2) of the Act includes an instrument served before amendment day under section 48E(1) of the Act as then in force; and
(c)in subsection (2A)(b)(i) and (ii), references to section 48E(2)(b) of the Act are, in the case of an instrument served before amendment day under section 48E(1) of the Act as then in force, to section 48E(1)(e) of the Act as then in force; and
(d)in subsections (3) and (4), references to the cancellation of a lease under section 48E(2B) of the Act include the cancellation of a lease before amendment day under section 48E(2) of the Act as then in force.
(5)In section 48G of the Act (as amended by the Petroleum Legislation Amendment Act 2024 Part 2) —
(a)in subsections (6), (7) and (8), references to an instrument under section 48G(1A) or (1B) of the Act include an instrument served before amendment day under section 48G(1) of the Act as then in force; and
(b)in subsection (10) —
(i)the reference to the Minister refusing to grant the renewal of a lease includes the Minister refusing to grant the renewal of a lease before amendment day by reason only of not being satisfied as to the matter referred to in section 48G(1)(c)(i) of the Act as then in force; and
(ii)in paragraph (a), the reference to an instrument under section 48G(2) of the Act includes an instrument served before amendment day under section 48G(2) of the Act as then in force.
(6)The replacement of section 48H(3) of the Act by the Petroleum Legislation Amendment Act 2024 section 116(1) does not affect a request made under section 48H(3) of the Act before amendment day.
(7)In section 48H(4) of the Act (as amended by the Petroleum Legislation Amendment Act 2024 Part 2), the reference to notices of the kind referred to in section 48H(3A) of the Act includes notices given before amendment day of the kind referred to in section 48H(3) of the Act as then in force.
(8)A determination made before amendment day by the Minister under section 52 of the Act applies, on and after amendment day, in respect of a regulated substance recovered as well as petroleum recovered.
(9)If an instrument served on an applicant under section 59 of the Act before amendment day contains a statement that the applicant will be required to pay royalty at the rate specified in that statement, that statement applies, on and after amendment day, in respect of a regulated substance recovered as well as petroleum recovered.
(10)Subregulation (11) applies if —
(a)an application for approval of a transfer is made before amendment day under section 72 of the Act; and
(b)neither of the following occurs before amendment day —
(i)the transfer is registered;
(ii)the Minister informs the applicant that the Minister has decided not to approve the transfer.
(11)On and after amendment day —
(a)section 72 of the Act, as amended by the Petroleum Legislation Amendment Act 2024 Part 2, applies in relation to the application and transfer as if the application had been made under section 72 of the Act as so amended; and
(b)for that purpose, in section 72(1), (4), (12) and (13) of the Act, references to an instrument of transfer are to an instrument of transfer that accompanied the application under section 72(3)(a) of the Act as in force before amendment day.
(12)Subregulation (13) applies if —
(a)an application for approval of a dealing is made before amendment day under section 75 or 75A of the Act; and
(b)neither of the following occurs before amendment day —
(i)an entry is made in the Register in relation to the dealing under section 75(12) of the Act;
(ii)the Minister informs the applicant that the Minister has decided to refuse to approve the dealing.
(13)On and after amendment day —
(a)sections 75 and 75A (if relevant) of the Act, as amended by the Petroleum Legislation Amendment Act 2024 Part 2, apply in relation to the application and dealing as if the application had been made under section 75 or 75A of the Act as so amended; and
(b)for that purpose, in section 75(13)(a) to (c) of the Act, references to an instrument for the purpose of section 75(4)(b) of the Act are to an instrument for the purpose of section 75(4)(b) of the Act as in force before amendment day.
(14)An instrument of consent under section 116(1) of the Act that is in effect immediately before amendment day continues in effect on and after amendment day as if it had been given under section 116(1) of the Act as inserted and amended by the Petroleum Legislation Amendment Act 2024 Part 2.
Delete Schedule 1 and insert:
[r. 3(1)]
|
Column 1 |
Column 2 |
Column 3 |
|
1. |
s. 31(1)(f) |
8 740.00 |
|
2. |
s. 34(1)(a) |
8 320.00 |
|
3. |
s. 37A(2)(e) |
8 320.00 |
|
4. |
s. 40(2)(c) |
8 740.00 |
|
5. |
s. 40(4)(b) |
8 740.00 |
|
6. |
s. 43B(1)(f) |
8 320.00 |
|
7. |
s. 43F(3)(d) |
7 190.00 |
|
8. |
s. 48A(2)(e) |
8 320.00 |
|
9. |
s. 48A(2A)(d) |
8 320.00 |
|
10. |
s. 48BB(3)(d) |
8 320.00 |
|
11. |
s. 48CA(3)(d) |
8 320.00 |
|
12. |
s. 48F(2)(d) |
8 320.00 |
|
13. |
s. 48F(2A)(c) |
8 320.00 |
|
14. |
s. 51(1)(e) |
8 950.00 |
|
15. |
s. 58(1)(a) |
8 740.00 |
|
16. |
s. 61(2)(e) |
8 740.00 |
|
17. |
s. 64(2)(d) |
8 320.00 |
|
18. |
s. 69HI(1)(g) |
8 250.00 |
|
19. |
s. 73(2) |
167.00 |
|
20. |
s. 73(3)(b) |
156.00 |
|
21. |
s. 80(1) |
149.00 |
|
22. |
s. 81(3) |
142.00 |
|
23. |
s. 105(2)(d) |
8 740.00 |
|
24. |
s. 137(a) |
2 400.00 |
25.Schedule 2 heading replaced
Delete the heading to Schedule 2 and the reference after it and insert:
Schedule 2 — Form of instrument of transfer of title under Petroleum, Geothermal Energy and Greenhouse Gas Storage Act 1967 s. 72
[r. 4]
(1)In Schedule 2 delete “Petroleum and Geothermal Energy Resources Act 1967” and insert:
Petroleum, Geothermal Energy and Greenhouse Gas Storage Act 1967
(2)In Schedule 2 delete “Petroleum and Geothermal Energy Resources Regulations 1987” and insert:
Petroleum, Geothermal Energy and Greenhouse Gas Storage Regulations 1987
(3)In Schedule 2 delete “Petroleum and Geothermal Energy Resources Act 1967” and insert:
Petroleum, Geothermal Energy and Greenhouse Gas Storage Act 1967
Part 7 — Petroleum and Geothermal Energy Resources (Resource Management and Administration) Regulations 2015 amended
This Part amends the Petroleum and Geothermal Energy Resources (Resource Management and Administration) Regulations 2015.
In regulation 1 delete “Petroleum and Geothermal Energy Resources” and insert:
Petroleum, Geothermal Energy and Greenhouse Gas Storage
Delete regulation 3(a) to (c) and insert:
(a)to ensure that operations relating to the exploration for petroleum, regulated substances, geothermal energy resources or GHG storage formations, or the recovery of petroleum, regulated substances or geothermal energy, or GHG injection operations, in the State are —
(i)carried out in a proper and workmanlike manner and, in the case of operations relating to the exploration for or recovery of petroleum, in accordance with good oil‑field practice; and
(ii)compatible with the optimum long‑term recovery of petroleum, regulated substances and geothermal energy; and
(iii)carried out in a way that reduces the risk of aquifer contamination or, in the case of GHG injection operations, aquifer contamination outside the storage formation;
and
(b)to ensure that the Minister is informed, in a timely and consistent manner, of —
(i)the exploration for petroleum, regulated substances, geothermal energy resources or GHG storage formations; and
(ii)the discovery of petroleum, regulated substances or geothermal energy resources; and
(iii)the appraisal of discoveries; and
(iv)development and production operations relating to the recovery of petroleum, regulated substances or geothermal energy; and
(v)GHG injection operations; and
(vi)the results of operations referred to in subparagraph (iv) or (v);
and
(c)to provide a framework for encouraging the adequate collection and retention and timely dissemination of petroleum, regulated substances and geothermal energy resources and greenhouse gas data; and
(1)In regulation 4 delete “In these regulations, unless the contrary intention appears —” and insert:
(1)In these regulations —
(2)In regulation 4 delete the definition of survey.
(3)In regulation 4 insert in alphabetical order:
engineering enhancement —
(a)means an action taken by an individual to facilitate storage of a greenhouse gas substance in an identified GHG storage formation; and
(b)includes —
(i)remediating an existing well from a previous operation that penetrates the storage formation; and
(ii)managing formation pressure; and
(iii)increasing the injectivity potential;
survey means a geochemical survey, geological survey or geophysical survey, the data from which is intended for use in —
(a)the exploration for —
(i)petroleum; or
(ii)regulated substances; or
(iii)geothermal energy resources; or
(iv)potential GHG storage formations; or
(v)sites for the injection of greenhouse gas;
or
(b)the appraisal of a discovery of —
(i)petroleum; or
(ii)regulated substances; or
(iii)geothermal energy resources; or
(iv)potential GHG storage formations; or
(v)sites for the injection of greenhouse gas;
or
(c)the recovery of petroleum, regulated substances or geothermal energy; or
(d)the injection and permanent storage of greenhouse gas substances;
survey applicant means an instrument holder, or an applicant for an instrument, who makes an application under regulation 6(1);
(4)In regulation 4 in the definition of integrity delete paragraph (b) and insert:
(b)is able to contain reservoir fluid, petroleum, a greenhouse gas substance or any other substance; and
(5)In regulation 4 in the definition of well integrity hazard:
(a)in paragraph (b)(i) delete “petroleum” and insert:
petroleum, regulated substances
(b)after paragraph (b)(ii) insert:
(iia)a GHG storage formation; or
(6)At the end of regulation 4 insert:
(2)For the purposes of paragraph (b) of the definition of regulated substance in section 5(1) of the Act, the following are regulated substances —
(a)hydrogen;
(b)helium.
(1)Delete regulation 6(1) and insert:
(1)A survey applicant may apply to the Minister for approval to undertake a survey.
(2)In regulation 6(2)(b):
(a)in subparagraph (ix) delete “instrument holder;” and insert:
survey applicant;
(b)in subparagraph (xi) delete “instrument holder” (each occurrence) and insert:
survey applicant
Delete regulation 8(1) and insert:
(1)The Minister may ask a survey applicant to provide further written information about the proposed survey.
In regulation 9(3) delete “instrument holder” and insert:
survey applicant
34.Part 3 Division 1 Subdivision 1A inserted
At the beginning of Part 3 Division 1 insert:
9A.Well includes associated well-related equipment
In this Part, a reference to a well includes a reference to the well-related equipment, including any plant, equipment or other thing for containing pressure in a well.
9B.Well activity taken to occur if well not operational
If a well, in a title area that is not operational, has not been decommissioned the titleholder is taken for the purposes of this Part to be undertaking a well activity in relation to the well.
After regulation 10(2)(a)(iii)(II) insert:
(IIA)a GHG storage formation; or
After regulation 11(2)(a)(iii)(II) insert:
(IIA)a GHG storage formation; or
In regulation 16(1)(c)(ii) delete “petroleum,” and insert:
petroleum or a regulated substance,
In regulation 34 delete “section 44 or 48J” and insert:
section 44(1)(a) or (b), 48J(1)(a) or (b) or 54AA(1)(a) or (b)
In regulation 36(1) in the definition of discovery assessment report:
(a)in paragraph (b) delete “petroleum” and insert:
resources
(b)in paragraphs (c) and (e) after “petroleum” insert:
or regulated substance
(c)in paragraphs (f) and (g) delete “in the petroleum” and insert:
or regulated substance in the resources
(1)In regulation 37(1) in the Penalty delete “Penalty:” and insert:
Penalty for this subregulation:
(2)Delete regulation 37(2)(b) and (c) and insert:
(b)in the case of a petroleum retention lessee or a geothermal retention lessee — the information listed in Schedule 2 Division 2; or
(c)in the case of a GHG retention lessee — the information listed in Schedule 2 Division 2A; or
(d)in the case of a petroleum licensee or a geothermal licensee — the information listed in Schedule 2 Division 3.
In the heading to Part 6 after “petroleum” insert:
or regulated substance
In regulation 41:
(a)delete “from a petroleum” and insert:
or a regulated substance from a resources
(b)in paragraph (b) delete “petroleum,” and insert:
petroleum or regulated substance,
(c)in paragraph (b)(i) delete “petroleum” and insert:
resources
(d)in paragraph (b)(ii) after “petroleum” insert:
or a regulated substance
In regulation 47(1)(b)(ii) delete “petroleum.” and insert:
petroleum or regulated substance.
(1)In regulation 50(1) in the definition of major change:
(a)after “petroleum” (1st occurrence) insert:
or a regulated substance
(b)in paragraph (a) delete “petroleum pool” and insert:
resources pool
(c)in paragraph (b) delete “petroleum pools” and insert:
resources pools
(d)in paragraph (d) after “petroleum” (2nd occurrence) insert:
or a regulated substance
(2)In regulation 50(2) after “petroleum” (2nd occurrence) insert:
or a regulated substance
45.Part 6 Division 5 heading amended
In the heading to Part 6 Division 5 after “petroleum” insert:
or regulated substance
(1)In regulation 58(1):
(a)after “petroleum” (2nd occurrence) insert:
or a regulated substance
(b)delete “petroleum” (3rd occurrence) and insert:
resources
(c)delete “petroleum pool.” and insert:
resources pool.
(2)In regulation 58(2)(d) delete “petroleum; and” and insert:
petroleum or a regulated substance; and
Note: The heading to amended regulation 58 is to read:
Application
In regulation 60(a)(i) delete “petroleum; and” and insert:
petroleum or a regulated substance; and
In the heading to Part 7 delete “petroleum” and insert:
petroleum, regulated substances
(1)In regulation 62(1) insert in alphabetical order:
licence means a petroleum production licence or a geothermal production licence;
(2)In regulation 62(1) in the definition of significant event:
(a)in paragraphs (a) and (b) delete “petroleum” and insert:
petroleum, a regulated substance
(b)in paragraph (c) delete “petroleum” (1st occurrence) and insert:
petroleum, a regulated substance
(c)in paragraph (c) delete “petroleum” (2nd occurrence) and insert:
resources
(d)in paragraph (d) after “petroleum” insert:
or regulated substance
(e)in paragraph (e) delete “petroleum” and insert:
resources
(3)Delete regulation 62(3).
(4)In regulation 62(4) delete “3” and insert:
7
(5)In regulation 62(4) in the Penalty delete “Penalty:” and insert:
Penalty for this subregulation:
(6)In regulation 62(5)(a)(ii)(I):
(a)delete “petroleum” (1st occurrence) and insert:
resources
(b)delete “petroleum; or” and insert:
petroleum or regulated substance; or
50.Part 8 Division 4 Subdivision 2A inserted
After Part 8 Division 4 Subdivision 2 insert:
Subdivision 2A — Other reports
78A.Report on work commitments other than wells or surveys
An instrument holder commits an offence if the instrument holder —
(a)in compliance with a condition to which the instrument is subject, conducts any work, other than a well activity or under a survey; and
(b)does not give the Minister a report detailing the results of the work and the relevance of the observations and interpretations to the evaluation of the petroleum, regulated substance, geothermal energy resource or GHG storage potential of the instrument area —
(i)within 12 months after the day on which the work is completed; or
(ii)if the Minister authorises the instrument holder to give the report within another period — the other period.
Penalty: a fine of $7 000.
51.Part 8 Division 4 Subdivision 3 heading amended
In the heading to Part 8 Division 4 Subdivision 3 after “reports” insert:
and GHG licence reports
At the end of Part 8 Division 4 Subdivision 3 insert:
(1)In this regulation —
annual GHG accounting report means a report that includes the information listed in Schedule 17 Division 6;
annual GHG injection report means a report that includes the information listed in Schedule 17 Division 4;
monthly GHG accounting report means a report that includes the information listed in Schedule 17 Division 5;
monthly GHG injection report means a report that includes the information listed in Schedule 17 Division 3.
(2)A GHG licensee commits an offence if the licensee does not give the Minister a monthly GHG injection report or a monthly GHG accounting report for the licence area within the period —
(a)starting on the last day of the month to which the report relates; and
(b)ending 15 days after that day.
Penalty for this subregulation: a fine of $7 000.
(3)A GHG licensee commits an offence if the licensee does not give the Minister an annual GHG injection report or an annual GHG accounting report for the licence area within the period —
(a)starting on the last day of the financial year to which the report relates; and
(b)ending on the day 4 months after that day.
Penalty for this subregulation: a fine of $7 000.
In regulation 80(1) delete the Table and insert:
Table
|
Item |
Core, cutting or sample |
Quantity of core, cutting or sample |
Period for giving core, cutting or sample |
|
1. |
Ditch cutting |
200 grams dry weight per sample interval |
Within 12 months after the rig release date. |
|
2. |
Full hole conventional core |
One‑third of the core |
The period ending on the day 6 months after the rig release date. |
|
3. |
Full hole conventional core |
Remainder of the core |
As soon as practicable after the expiry, surrender, cancellation, revocation or termination of the relevant instrument. |
|
4. |
Gaseous petroleum and regulated substance samples |
300 cm3 at reservoir pressure per test interval |
Within 12 months after completion of the test during which the sample was collected. |
|
5. |
Fluid petroleum and regulated substance samples |
1 L per test interval |
Within 12 months after completion of the test during which the sample was collected. |
|
6. |
Sidewall core material |
All material collected |
Within 12 months after the rig release date. |
|
7. |
Palynological, paleontological or petrological material |
All material produced |
Within 12 months after the rig release date. |
Delete the heading to Part 9 and insert:
Part 9 — Release of technical information about petroleum, regulated substances, geothermal energy and greenhouse gas
In regulation 82(3):
(a)in paragraph (d) delete “48A” and insert:
48A, 48BB
(b)in paragraph (f) after “petroleum” (1st occurrence) insert:
or regulated substance
(c)in paragraph (g) delete “50A” and insert:
50AA, 50A, 50B
After regulation 90 insert:
90A.Release of information from greenhouse gas reports
Despite anything else in this Division, the Minister must make publicly available on a website maintained by, or on behalf of, the Department, the following —
(a)information contained in a monthly GHG accounting report (as defined in regulation 79A(1)) — within 15 days after the Minister receives the report;
(b)information contained in an annual GHG accounting report (as defined in regulation 79A(1)) — within 30 days after the Minister receives the report;
(c)information listed in Schedule 17 Division 4 item 14 of the annual GHG injection report (as defined in regulation 79A(1)) — within 3 years after the Minister receives the report.
In regulation 91(2) in the Table delete item 4 and insert:
|
4. |
A survey that collected 3D seismic data as non‑exclusive data if either of the following was required to be produced as a condition of the grant of an instrument — (a)the 3D data; (b)2D data extracted from the 3D data, contained in a seismic extracted data grid. |
For the 3D data — the day 15 years after the acquisition of the data was completed. For the extracted 2D data — the day 5 years after the acquisition of the 3D data was completed. |
|
5. |
A survey that collected 3D seismic data as non‑exclusive data if neither of the following was required to be produced as a condition of the grant of an instrument — (a)the 3D data; (b)2D data extracted from the 3D data, contained in a seismic extracted data grid. |
For the 3D data — the day 15 years after the acquisition of the data was completed. For the extracted 2D data — the day 6 years after the acquisition of the 3D data was completed.
|
In regulation 92(2)(c) delete “petroleum” and insert:
petroleum, a regulated substance, a greenhouse gas substance
In Schedule 1 item 4 delete “petroleum,” and insert:
petroleum or regulated substances,
(1)Delete the heading to Schedule 2 Division 1 and insert:
Division 1 — Required information: petroleum, geothermal or GHG permittee or holder of petroleum, geothermal or GHG drilling reservation
(2)In Schedule 2 item 2:
(a)in paragraph (a) delete “evaluation” and insert:
evaluations
(b)in paragraph (b):
(i)delete “evaluation” and insert:
evaluations
(ii)delete “identified.” and insert:
identified or potential GHG storage formations that have been assessed.
(3)Delete the heading to Schedule 2 Division 2 and insert:
Division 2 — Required information: petroleum retention lessee or geothermal retention lessee
(4)In Schedule 2 item 7:
(a)in paragraph (a) delete “evaluation” and insert:
evaluations
(b)in paragraph (b) delete “evaluation” and insert:
evaluations
(5)In Schedule 2 item 11:
(a)delete “petroleum” (1st occurrence) and insert:
resources
(b)in paragraphs (c) and (d) after “petroleum” insert:
and regulated substances
(6)Delete Schedule 2 Division 3 and insert:
Division 2A — Required information: GHG retention lessee
|
Item |
Description of information |
|
13. |
A description of work and expenditure commitments as detailed in the lease. |
|
14. |
For all work, evaluations and studies carried out in relation to the lease — (a)the total expenditure on the work, evaluations and studies; and (b)the results of the work, evaluations and studies, including details about any potential GHG storage formations that have been assessed. |
|
15. |
A list of the reports submitted to the Minister in accordance with these regulations during the year. |
|
16. |
Details of the lessee’s plans for further evaluation work, including work that is to be carried out in the lease area. |
|
17. |
For the work, evaluations and studies expected to be carried out in relation to the lease during the next year of the lease — (a)a description of work commitments and expenditure estimates; and (b)a description of the measures taken by the lessee to prepare for the work mentioned in paragraph (a). |
|
18. |
Any other information that is required to be included in the annual assessment report by a condition of the lease. |
Division 3 — Required information: petroleum licensee or geothermal licensee
|
Item |
Description of information |
|
19. |
For all work, evaluations and studies carried out in relation to the licence — (a)the total expenditure on the work, evaluations and studies; and (b)the results of the work, evaluations and studies, including details about any leads and prospects identified. |
|
20. |
Details of any activities the licensee plans to undertake in the licence area in compliance with a condition of the licence. |
|
21. |
A list of the reports submitted to the Minister in accordance with these regulations during the year. |
|
22. |
Details of the licensee’s plans for further evaluation of the licence area, including work that is to be carried out in the licence area and is not covered by item 20. |
|
23. |
A production forecast for each producing or potential development project. |
|
24. |
For a year after the first year of the licence, the following information about each resources pool or geothermal resources area situated in the licence area — (a)a description of the pool or geothermal resources area; (b)any new information relating to the evaluation of the pool or geothermal resources area; (c)an estimate of the quantity of petroleum or regulated substance in the pool, or geothermal energy resources in the geothermal resources area, at the end of the previous year; (d)an estimate of the quantity of recoverable petroleum or regulated substance in the pool, or recoverable geothermal energy in the geothermal resources area, at the end of the previous year; (e)any new or revised data upon which the estimates in paragraphs (c) and (d) are based, including a report of any study carried out that has resulted in a revised estimate; (f)a table summarising the quantities mentioned in paragraphs (c) and (d) by reference to resources and reserves. |
|
25. |
The total amount of petroleum and regulated substances produced or geothermal energy recovered during the year. |
|
26. |
The amount of each substance injected into an underground formation during the year. |
|
27. |
The amount of each substance flared or vented during the year. |
|
28. |
Any other information that is required to be included in accordance with a condition of the licence. |
(1)Delete Schedule 3 items 1 to 3 and insert:
|
1. |
Evidence and data showing that the field contains petroleum or a regulated substance, including details of the structure, extent and location of discovered resources pools. |
|
2. |
Estimates of the volume of petroleum or regulated substances in place and recoverable petroleum or regulated substances, including data supporting the estimates. |
|
3. |
A description of the following — (a)the possible resources pools in the field; (b)the applicant’s plans (if any) to explore for resources pools; (c)how any resources pools of commercial quantity can be incorporated into the development of the licence area. |
(2)In Schedule 3 item 4(a) delete “petroleum” and insert:
resources
(3)In Schedule 3 item 5 after “petroleum” insert:
or regulated substances
(4)In Schedule 3 item 7 delete “from a petroleum” and insert:
or regulated substances from a resources
(5)In Schedule 3 item 10(a) and (b) delete “petroleum;” and insert:
petroleum or regulated substances;
(6)In Schedule 3 item 12 delete “petroleum” and insert:
petroleum, regulated substances
(7)Delete Schedule 3 item 13(b) and (c) and insert:
|
(b)any petroleum or regulated substance production by a well that is from more than 1 resources pool; (c)any petroleum or regulated substance production from a resources pool that is through more than 1 well. |
(8)In Schedule 3 item 14(d) delete “petroleum;” and insert:
petroleum or regulated substances;
(9)In Schedule 3 item 15 delete “petroleum.” and insert:
petroleum or regulated substances.
In Schedule 4 item 14 delete “petroleum.” and insert:
petroleum or regulated substance.
In Schedule 5 item 9 delete “petroleum” and insert:
petroleum, regulated substance
Delete Schedule 6 and insert:
Schedule 6 — Final well activity data
[r. 73(1)]
|
Item |
Type of data |
Standard submission method |
Standard formats |
|
1. |
Well index sheet |
Online or portable hard drive |
|
|
2. |
If generated, raw data, edited field data and processed data from log runs (any results from measurements while drilling (MWD) and logging while drilling (LWD), wireline data) |
Online or portable hard drive |
DLIS or LAS with complete header information |
|
3. |
Log displays for all generated logs |
Online or portable hard drive |
PDF or TIFF |
|
4. |
If generated, edited field data and processed data for borehole deviation surveys |
Online or portable hard drive |
DLIS, ASCII, LAS or XLSX with complete header information |
|
5. |
If generated, petrophysical, geochemical or other sample analyses |
Online or portable hard drive |
ASCII or XLSX with complete header information |
(1)In Schedule 7 item 5 after “producing,” insert:
injecting,
(2)In Schedule 7 item 14 delete “petroleum” and insert:
resources
(3)In Schedule 7 item 27 delete “petroleum” and insert:
petroleum, a regulated substance
Delete Schedule 8 and insert:
Schedule 8 — Well completion data
[r. 74(1)]
|
Item |
Type of data |
Standard submission method |
Standard formats |
|
1. |
Well index sheet |
Online or portable hard drive |
|
|
2. |
Raw data, edited field data and processed data from any log runs (any results from measurements while drilling (MWD) and logging while drilling (LWD), wireline data) |
Online or portable hard drive |
DLIS or LAS with complete header information |
|
3. |
Log displays for all log runs |
Online or portable hard drive |
PDF or TIFF |
|
4. |
Mudlogging data |
Online or portable hard drive |
ASCII or LAS with complete header information |
|
5. |
Mudlog displays |
Online or portable hard drive |
PDF or TIFF |
|
6. |
Edited field data and processed data for borehole deviation surveys |
Online or portable hard drive |
DLIS, ASCII, LAS or XLSX with complete header information |
|
7. |
If generated, data from velocity surveys including the following — (a)raw data; (b)processed data; (c)checkshot and time/depth analysis |
Online or portable hard drive |
DLIS, SEG‑Y or ASCII with complete header information |
|
8. |
Velocity survey displays |
Online or portable hard drive |
TIFF, JPEG or PDF |
|
9. |
Interpretative log analysis |
Online or portable hard drive |
DLIS, ASCII, LAS or XLSX with complete header information |
|
10. |
Petrophysical, geochemical or other sample analyses |
Online or portable hard drive |
ASCII or XLSX with complete header information |
|
11. |
Composite well log |
Online or portable hard drive |
TIFF, JPEG or PDF |
|
12. |
Photography of the core and sidewall core, in both natural and UV light |
Online or portable hard drive |
JPEG, PNG or TIFF |
(1)In Schedule 9 item 2 after “cost” insert:
and the final cost
(2)In Schedule 9 item 6 after “producing,” insert:
injecting,
(3)In Schedule 9 item 7(a) after “the” (1st occurrence) insert:
geodetic datum,
(4)Delete Schedule 9 item 9 and insert:
|
9. |
Either — (a)the spud date; or (b)if the well is a sidetrack — the kick‑off date. |
(5)In Schedule 9 item 11 delete “Kelly bushing” and insert:
rotary table
(6)In Schedule 9 item 17 delete “horizon.” and insert:
horizon or the storage formation.
(7)Delete Schedule 9 item 18 and insert:
|
18. |
If applicable, the depth of perforation in the resources pool, the geothermal resources area or the storage formation. |
(8)Delete Schedule 9 item 40 and insert:
|
40. |
Well test reporting and associated digital data. |
(9)In Schedule 9 item 41 delete “petroleum or geothermal” and insert:
petroleum, regulated substance, geothermal or GHG storage
(10)In Schedule 9 item 42 delete “petroleum” and insert:
petroleum, a regulated substance
Delete Schedule 11 and insert:
Schedule 11 — Survey acquisition data
[r. 76(1)]
|
Item |
Type of data |
Standard submission method |
Standard formats |
|
1. |
Navigation, elevation and bathymetry data |
Online or portable hard drive |
UKOOA with complete header information |
|
2. |
Spatial data for the survey, in the form of — (a)for a 2‑dimensional seismic survey — line ends and bends; or (b)for a 3‑dimensional seismic survey — a polygon outline of the acquisition area |
Online or portable hard drive |
For 2D — polyline shapefile For 3D — polygon shapefile
|
|
3. |
Seismic field data |
Portable hard drive, LTO or 3592 cartridge |
SEG‑D or SEG‑Y with complete header information |
|
4. |
Seismic support data, including observers’ logs |
Online or portable hard drive |
PDF or XLSX |
|
5. |
If acquired, uphole data |
Online or portable hard drive |
ASCII |
|
Item |
Type of data |
Standard submission method |
Standard formats |
|
6. |
Field data |
Online or portable hard drive |
ASCII or other industry‑recognised standard non‑proprietary binary format, with accompanying format description |
|
7. |
Field support and navigation data |
Online or portable hard drive |
ASCII |
|
8. |
Spatial data for the survey, in the form of — (a)for other 2‑dimensional surveys — line ends and bends; or (b)for other 3‑dimensional surveys — a polygon outline of the acquisition area |
Online or portable hard drive |
For 2D — polyline shapefile For 3D — polygon shapefile |
Delete Schedule 13 and insert:
Schedule 13 — Processed survey data
[r. 77(1)]
Division 1 — 2D seismic surveys
|
Item |
Type of data |
Standard submission method |
Standard formats |
|
1. |
All generated processed data including the following — (a)raw and final stacked data; (b)raw and final migrated data; (c)data generated from any other processing |
Online or portable hard drive |
SEG‑Y with complete header information |
|
2. |
Final processed navigation, elevation and bathymetry data |
Online or portable hard drive |
UKOOA with complete header information |
|
3. |
Shotpoint to common depth point (CDP) relationship |
Online or portable hard drive |
ASCII |
|
4. |
Data for both stacked and migrated velocities, including the following — (a)line number; (b)shotpoint or CDP; (c)time versus root mean square (RMS) pairs |
Online or portable hard drive |
ASCII or SEG‑Y with complete header information |
Division 2 — 3D seismic surveys
|
Item |
Type of data |
Standard submission method |
Standard formats |
|
5. |
All generated processed data including the following — (a)raw and final stacked data; (b)raw and final migrated data; (c)data generated from any other processing |
Online or portable hard drive |
SEG‑Y with complete header information |
|
6. |
Final processed navigation, elevation and bathymetry data, including final processed (grid) bin coordinates |
Online or portable hard drive |
UKOOA with complete header information |
|
7. |
Final navigation data in the form of the following — (a)final processed (grid) bin coordinates; (b)polygon showing the outline of the full fold area |
Online or portable hard drive |
Shapefile |
|
8. |
Data for both stacked and migrated velocities, including the following — (a)bin number; (b)time versus root mean square (RMS) pairs |
Online or portable hard drive |
ASCII or SEG‑Y with complete header information |
|
9. |
2D data subset, if the 3‑dimensional survey collected data as non‑exclusive data |
Online or portable hard drive |
SEG‑Y with complete header information |
|
Item |
Type of data |
Standard submission method |
Standard formats |
|
10. |
All generated processed data |
Online or portable hard drive |
ASCII or other industry‑recognised standard non‑proprietary binary format, with accompanying format description |
|
11. |
Georeferenced final processed images |
Online or portable hard drive |
GeoPDF and GeoTIFF |
|
12. |
Polygon showing the outline of the processed area |
Online or portable hard drive |
Shapefile |
Delete Schedule 15 and insert:
Schedule 15 — Interpretative survey data
[r. 78(1)]
|
Item |
Type of data |
Standard submission method |
Standard formats |
|
1. |
Digital interpretation map displays |
Online or portable hard drive |
PDF, TIFF, JPEG or other standard picture format |
(1)Delete Schedule 16 item 5(c) and insert:
|
(c)a description of the velocity field used to convert time to depth (including ASCII data) and the basis for the velocity field (for example, wells and seismic surveys used); and |
(2)In Schedule 16 item 6 after “bathymetric” insert:
or elevation
72.Schedule 17 heading replaced
Delete the heading to Schedule 17 and the reference after it and insert:
Schedule 17 — Production and GHG injection reports
[r. 79(1), 79A(1)]
(1)Delete the heading to Schedule 17 Division 1 and insert:
Division 1 — Information for monthly production report for petroleum licensee
(2)In Schedule 17 item 1(f) after “petroleum” insert:
or regulated substances
(3)In Schedule 17 item 2 after “petroleum” (each occurrence) insert:
or regulated substances
(4)Delete the heading to Schedule 17 Division 2 and insert:
Division 2 — Information for monthly production report for geothermal licensee
(5)At the end of Schedule 17 insert:
Division 3 — Information for monthly GHG injection report
|
Item |
Description of information |
|
5. |
For each well in the licence area — (a)the well’s identification name and number; and (b)a summary of all work performed on the well during the month; and (c)the results of any tests conducted during the month; and (d)the well’s operational status at the end of the month; and (e)the daily values during the month for pressure and temperature, at both the wellhead and the bottom of the well bore, and the injection rate; and (f)if the well was shut in at any time during the month — the shut‑in wellhead pressure and temperature; and (g)the number of days of greenhouse gas injection during the month; and (h)the cumulative quantities of greenhouse gas substance injected, or each other substance produced or injected, as at the end of the month. |
|
6. |
For the licence area — (a)the total quantities of greenhouse gas substance, and each other substance produced or injected, during the month; and (b)the average composition of each greenhouse gas substance injected during the month; and (c)the sources of greenhouse gas substance injected; and (d)the physical and chemical properties and amount of each other substance injected into or extracted from an underground formation during the month as part of any engineering enhancements. |
Division 4 — Information for annual GHG injection report
|
Item |
Description of information |
|
7. |
For all work, evaluations and studies carried out in relation to the licence — (a)the total expenditure on the work, evaluations and studies; and (b)the results of the work, evaluations and studies, including details about any potential GHG storage formations that have been assessed. |
|
8. |
Details of any activities the licensee plans to undertake in the licence area in compliance with a condition of the licence. |
|
9. |
A list of the reports submitted to the Minister in accordance with these regulations during the year. |
|
10. |
Details of the licensee’s plans for further evaluation of the licence area, including work that is to be carried out in the licence area and is not covered by item 8. |
|
11. |
For a year after the first year of the licence, the following information about each identified GHG storage formation situated in the licence area — (a)information about the chemical composition and physical properties of the injected greenhouse gas substance and any incidental GHG‑related substances, including isotopic compositions; (b)the amount of each greenhouse gas substance injected; (c)information about the location and direction of movement of the GHG substances injected, including a comparison with the prediction set out in Part A of an approved site plan for that storage formation; (d)the results of maintenance operations and well‑bore integrity tests; (e)an estimate of the remaining storage capacity of the formation at the end of the year; (f)an estimate of the pressure behaviour within the formation and, wherever available, information on pressure measurements, including the results of pressure transient tests. |
|
12. |
The physical and chemical properties and amount of each substance injected into or extracted from an underground formation during the year as part of any engineering enhancements. |
|
13. |
The amount of each substance flared or vented during the year. |
|
14. |
All monitoring reports and data relevant to an approved site plan available to the licensee at the end of the year. |
|
15. |
Any other information that is required to be included in accordance with a condition of the licence. |
Division 5 — Information for monthly GHG accounting report
|
Item |
Description of information |
|
16. |
A monthly GHG accounting report must contain — (a)the quantity of greenhouse gas substance put into the system, as measured at — (i)the source of the greenhouse gas substance; or (ii)if the greenhouse gas substance becomes the responsibility of the licensee at a point other than its source, that point; and (b)the quantity of greenhouse gas substance measured at the last measuring point before injection; and (c)the average composition of each greenhouse gas substance injected; and (d)the maximum and minimum injection rates during the month; and (e)the quantity of the greenhouse gas substance lost, and emissions of additional greenhouse gases generated, in each of the following processes — (i)compression; (ii)transportation; (iii)injection; and (f)an explanation of how each of the quantities mentioned in paragraph (e) was worked out; and (g)the quantity of greenhouse gas substance lost from the well bore; and (h)the quantity of greenhouse gas substance lost from the storage formation; and (i)the quantity of greenhouse gases emitted from the discharge of produced formation fluids. |
Division 6 — Information for annual GHG accounting report
|
Item |
Description of information |
|
17. |
An annual GHG accounting report must contain — (a)the quantity of greenhouse gas substance injected into the storage formation during the year; and (b)the cumulative quantity of greenhouse gas substance stored as at the end of the year; and (c)the quantity of greenhouse gas substance lost, and emissions of additional greenhouse gases generated, in each of the following processes — (i)compression; (ii)transportation; (iii)injection; and (d)the quantity of greenhouse gas substance lost from the well bore; and (e)the quantity of greenhouse gas substance lost from the storage formation; and (f)an explanation of how losses of the greenhouse gas substance were estimated or measured; and (g)an assessment of the accuracy of the measurement or estimation of the quantities of the greenhouse gas substance; and (h)a summary of the measurements made under the monitoring and verification plan contained in the approved site plan, including a summary of the interpretation of those measurements. |
Part 8 — Petroleum Pipelines (Environment) Regulations 2012 amended
This Part amends the Petroleum Pipelines (Environment) Regulations 2012.
In regulation 1 after “Petroleum” insert:
and Greenhouse Gas
In regulation 4 in the definition of pipeline activity:
(a)in paragraph (g) delete “pipeline;” and insert:
pipeline; and
(b)after paragraph (g) insert:
(h)conveyance of a greenhouse gas substance by pipeline; and
(i)care and maintenance of land, waters and infrastructure in relation to a pipeline; and
(j)rehabilitation of land or waters in relation to a pipeline;
(1)In regulation 18(1) in the Penalty delete “Penalty:” and insert:
Penalty for this subregulation:
(2)In regulation 18(2) in the Penalty delete “Penalty:” and insert:
Penalty for this subregulation:
Part 9 — Petroleum Pipelines Regulations 1970 amended
This Part amends the Petroleum Pipelines Regulations 1970.
Delete regulation 1 and insert:
These regulations are the Petroleum and Greenhouse Gas Pipelines Regulations 1970.
80.Regulations 2 and 3 inserted
After regulation 1 insert:
In these regulations —
document, in relation to service and lodgment —
(a)means an application, a form, an instrument, a nomination, a notice or a submission; and
(b)includes any other record of information with respect to a pipeline operation.
For the purpose of paragraph (b)(ii) of the definition of petroleum in section 4(1) of the Act, each of the following is prescribed —
(a)a substance to assist the safe and effective conveyance of petroleum through a pipeline (such as an odorant or an anti‑corrosive); or
(b)hydrogen of a quantity that is approved by the Minister having regard to the integrity of a pipeline.
In regulation 4C delete “prescribed” and insert:
approved
82.Regulations 5 and 6 inserted
After regulation 4D insert:
(1)A pipeline licensee must provide an email address for the service of documents by electronic means.
(2)If the Minister is required to serve a document on the licensee, the Minister may serve the document as an email attachment to the email address provided by the licensee.
(3)A document served by email on a licensee is taken to have been served —
(a)if it is sent before 4.30 pm on a working day — on that day; or
(b)otherwise — on the next working day.
6.Lodging documents through Department’s website
(1)A document that is required under the Act to be lodged may be lodged as an electronic version by means of the Department’s website.
(2)A document that is lodged electronically after 4.30 pm on a working day and before 8.30 am on the next working day is taken to have been lodged at 8.30 am on that next working day.
(3)The Minister may at any time require a person who has lodged a document electronically to lodge it in hard copy form at the Department’s customer service counter at Mineral House, 100 Plain Street, East Perth WA 6004.
(1)In regulation 23(1) after “petroleum” (each occurrence) insert:
or a greenhouse gas substance
(2)In regulation 23(2):
(a)delete the passage that begins with “Where” and ends with “as to — ” and insert:
Where the pipeline is repaired after the escape of the petroleum or a greenhouse gas substance or ignition of petroleum or a greenhouse gas substance from the pipeline, the licensee must immediately submit a written report to the Minister giving full information as to —
(b)in paragraph (a) delete “petroleum; and” and insert:
petroleum or a greenhouse gas substance; and
(c)in paragraph (b) after “petroleum” insert:
or a greenhouse gas substance
(d)in paragraph (c) delete “petroleum; and” and insert:
petroleum or a greenhouse gas substance; and
(e)in paragraph (d) after “petroleum” insert:
or a greenhouse gas substance
84.Regulations 27 to 33 inserted
After regulation 26 insert:
27.Requirement to provide annual pipeline performance report
(1)A licensee must give the Minister a report (an annual pipeline performance report) for a reporting period for the licence within —
(a)30 days after the day on which the reporting period for the licence ends; or
(b)if the Minister authorises the licensee to give the annual pipeline performance report within another period — the other period.
Penalty for this subregulation: a fine of $10 000.
(2)An annual pipeline performance report must contain information that demonstrates the performance of the licensee in maintaining the integrity of the pipeline and may include any other information that the licensee believes is relevant to the title.
(3)For the purposes of this regulation and regulation 29, a reporting period for the licence is either —
(a)a year of the term of the licence; or
(b)if the Minister gives written agreement to a different 12‑month period, the different period.
A licensee with more than 1 licence may combine the annual pipeline performance reports into a single document with the written agreement of the Minister.
29.Pipeline performance report for part of year
(1)This regulation applies if —
(a)a licence ceases to be in force (whether the licence has expired or been cancelled, revoked, surrendered or terminated); and
(b)the term of the licence was not a whole number of years.
(2)The Minister may, by written notice, require the licence holder to give a pipeline performance report to the Minister for the reporting period at the end of the term that was not a year of the term.
(3)The notice must specify the date by which the report must be given, which date must be at least 30 days after the day on which the notice is given.
(4)A licence holder must comply with a notice given to the licence holder under subregulation (2).
Penalty for this subregulation: a fine of $10 000.
In this regulation and regulations 31 and 32 —
commencement day means the day on which section 27 comes into operation;
transitional period means the period of 12 months beginning on commencement day.
31.Existing pipeline activities
(1)In this regulation —
existing pipeline activity means a pipeline activity undertaken by a licence holder before commencement day that continues on or after that day.
(2)Regulation 27(1) does not apply in relation to an existing pipeline activity until — in the case where, before the end of the transitional period, the licence holder undertaking the pipeline activity is due to give its first annual pipeline performance report — the day after the end of the transitional period.
32.Terminated pipeline activity
(1)In this regulation —
terminated pipeline activity means a pipeline activity for which the licence has expired or been cancelled, revoked, surrendered or terminated.
(2)Regulation 29(2) does not apply in relation to a terminated pipeline activity until — in the case where, before the end of the transitional period, the licence holder has received written notice from the Minister requiring the licence holder to give an assessment report to the Minister — the day after the end of the transitional period.
33.Transitional provisions relating to Petroleum Legislation Amendment Act 2024
(1)In this regulation —
amendment day means the day on which the Petroleum Legislation Amendment Act 2024 section 176 comes into operation.
(2)This regulation is made under section 68(2) of the Act.
(3)Subregulation (4) applies if —
(a)an application for approval of a transfer is made before amendment day under section 44 of the Act; and
(b)neither of the following occurs before amendment day —
(i)the transfer is registered;
(ii)the Minister informs the applicant that the Minister has decided not to approve the transfer.
(4)On and after amendment day —
(a)section 44 of the Act, as amended by the Petroleum Legislation Amendment Act 2024 Part 3, applies in relation to the application and transfer as if the application had been made under section 44 of the Act as so amended; and
(b)for that purpose, in section 44(1), (4), (12) and (13) of the Act, references to an instrument of transfer are to an instrument of transfer that accompanied the application under section 44(3)(a) of the Act as in force before amendment day.
(5)Subregulation (6) applies if —
(a)an application for approval of a dealing is made before amendment day under section 47 of the Act; and
(b)neither of the following occurs before amendment day —
(i)an entry is made in the register in relation to the dealing under section 47(12) of the Act;
(ii)the Minister informs the applicant that the Minister has decided to refuse to approve the dealing.
(6)On and after amendment day —
(a)section 47 of the Act, as amended by the Petroleum Legislation Amendment Act 2024 Part 3, applies in relation to the application and dealing as if the application had been made under section 47 of the Act as so amended; and
(b)for that purpose, in section 47(13)(a) to (c) of the Act, references to an instrument for the purpose of section 47(4)(b) of the Act are to an instrument for the purpose of section 47(4)(b) of the Act as in force before amendment day.
Part 10 — Petroleum (Submerged Lands) (Environment) Regulations 2012 amended
This Part amends the Petroleum (Submerged Lands) (Environment) Regulations 2012.
In regulation 1 after “Petroleum” insert:
and Greenhouse Gas Storage
In regulation 3:
(a)delete “activity” (1st occurrence) and insert:
activity, or greenhouse gas activity,
(b)in paragraph (b)(i) delete “petroleum”.
(1)In regulation 4 delete “regulations, unless the contrary intention appears —” and insert:
regulations —
(2)In regulation 4 delete the definitions of:
instrument holder
operator
produced formation water
recordable incident
reportable incident
(3)In regulation 4 insert in alphabetical order:
activity means a petroleum activity or a greenhouse gas activity;
greenhouse gas activity —
(a)means any operations or works carried out in the State —
(i)under a greenhouse gas instrument; or
(ii)relating to a GHG operation that may have an environmental impact;
and
(b)includes all of the following —
(i)seismic or other surveys;
(ii)drilling;
(iii)construction and installation of a facility;
(iv)operation of a facility;
(v)modification of a facility;
(vi)decommissioning, dismantling or removing a facility;
(vii)construction and installation of a pipeline;
(viii)operation of a pipeline;
(ix)modification of a pipeline;
(x)decommissioning, dismantling or removing a pipeline;
(xi)processing or transporting a greenhouse gas substance;
(xii)injection or storage of greenhouse gas in a well, underground reservoir or subsurface formation;
(xiii)care and maintenance of submerged land, waters or infrastructure;
(xiv)rehabilitation of submerged land or waters;
greenhouse gas instrument means any of the following —
(a)a GHG exploration permit;
(b)a GHG retention lease;
(c)a GHG injection licence;
(d)a GHG access authority;
(e)a GHG special prospecting authority;
(f)any other authority or consent granted by instrument under the Act for the carrying out of operations or works in the State relating to a GHG operation;
instrument holder, for an activity, means the registered holder of a petroleum instrument or a greenhouse gas instrument for the activity, and includes a permittee, lessee, licensee, pipeline licensee, infrastructure licensee or registered holder of an access authority or special prospecting authority for the activity;
operator, in relation to an activity, means —
(a)if there is a person recorded by the Minister as the operator of the activity under regulation 41 — that person; or
(b)in any other case —
(i)if there is a petroleum instrument or greenhouse gas instrument for the activity — the person responsible to the instrument holder for the overall management and operation of the activity (whether or not the activity has commenced); or
(ii)if there is no petroleum instrument or greenhouse gas instrument for the activity — the person carrying out the activity;
produced formation water means natural aqueous fluid recovered from a natural reservoir or resources pool in association with petroleum or a regulated substance;
recordable incident, for an operator of an activity, means an incident arising from the activity that —
(a)breaches an environmental performance objective or environmental performance standard in the environment plan for the activity; and
(b)is not a reportable incident;
reportable incident, for an operator of an activity, means —
(a)an incident that is classified as a reportable incident under the environment plan for the activity; or
(b)an incident arising from the activity if —
(i)the incident has caused, or has the potential to cause, an adverse environmental impact; and
(ii)under the environmental risk assessment process described in the environment plan for the activity, that environmental impact is categorised as moderate or more serious than moderate;
(4)In regulation 4 in the definition of environment plan:
(a)delete “a petroleum” and insert:
an
(b)delete “petroleum” (2nd occurrence).
(5)In regulation 4 in the definition of environmental impact delete “a petroleum” and insert:
an
(6)In regulation 4 in the definition of petroleum activity:
(a)in paragraph (b) delete “petroleum” and insert:
petroleum, or regulated substance,
(b)in paragraph (n) delete “petroleum;” and insert:
petroleum; and
(c)after paragraph (n) insert:
(o)care and maintenance of submerged land, waters or infrastructure; and
(p)rehabilitation of submerged land or waters;
In regulation 11(10) delete “Penalty for an offence under subregulation (10):” and insert:
Penalty for this subregulation:
In regulation 15(8) after “concentration of petroleum” insert:
or regulated substance
In regulation 18(1)(a) and (b) delete “petroleum”.
92.Various references to “petroleum activity” amended
In the provisions listed in the Table:
(a)delete “a petroleum activity” (each occurrence) and insert:
an activity
(b)delete “the petroleum activity” (each occurrence) and insert:
the activity
(c)delete “a proposed petroleum activity” and insert:
a proposed activity
Table
|
r. 5 |
r. 6 |
|
r. 7(1), (2) and (3) |
r. 8(1) |
|
r. 9(1) and (2) |
r. 11(1)(a), (b) and (c), (4)(a), (b) and (c), (5)(c), (6)(b) and (8)(a), (b), (c) and (d) |
|
r. 12(2)(b) and (7) |
r. 13 |
|
r. 14(1), (2)(a), (3)(a), (4)(a), (5)(a) and (6)(a) and (b) |
r. 15(1), (3)(a), (5), (8), (9)(a) and (b) and (10)(a) |
|
r. 16(a) |
r. 17(1)(c) and (2)(a) |
|
r. 18(1) and (2) |
r. 19(1) |
|
r. 20(1) |
r. 23(1) and (3)(b) |
|
r. 24 |
r. 25(1) |
|
r. 26(1) and (6)(a) |
r. 27(1) and (2) |
|
r. 28(1) |
r. 29(1) |
|
r. 30(1) |
r. 31(1) and (2)(a) |
|
r. 32(2) and (6)(a) |
r. 33(1) and (2) |
|
r. 34(1) def. of reporting period |
r. 34(2), (3), (4), (5)(b), (6) and (7) |
|
r. 35 |
r. 37(1), (2), (3), (4) and (5) |
|
r. 38(1), (3), (4) and (5) |
r. 39(1) |
|
r. 40(1) |
r. 41 |
In the provisions listed in the Table delete “Penalty” and insert:
Penalty for this subregulation
Table
|
r. 7(1) |
r. 8(1) |
|
r. 11(7) |
r. 18(1) and (2) |
|
r. 19(7) and (8) |
r. 20(1) |
|
r. 28(1) |
r. 29(1) |
|
r. 30(1) |
r. 31(1) |
|
r. 32(2) |
r. 33(1) |
|
r. 34(2), (4), (6) and (7) |
r. 37(1), (3) and (4) |
|
r. 38(1), (3), (4) and (5) |
|
Note: The headings to the amended regulations listed in the Table are to read as set out in the Table:
Table
|
Amended regulation |
Regulation heading |
|
r. 5 |
References to activity |
|
r. 6 |
Approved environment plan required for activity |
|
r. 7 |
Activity must comply with approved environment plan |
|
r. 8 |
Activity must not continue if new or increased environmental impact or environmental risk identified |
|
r. 18 |
Revision because of a change, or proposed change, of circumstances or activity |
Part 11 — Petroleum (Submerged Lands) (Pipelines) Regulations 2022 amended
This Part amends the Petroleum (Submerged Lands) (Pipelines) Regulations 2022.
In regulation 1 after “Petroleum” insert:
and Greenhouse Gas Storage
After regulation 3 insert:
For the purpose of paragraph (b)(ii) of the definition of petroleum in section 4(1) of the Act, each of the following is prescribed —
(a)a substance to assist the safe and effective conveyance of petroleum through a pipeline (such as an odorant or an anti‑corrosive); or
(b)hydrogen of a quantity that is approved by the Minister having regard to the integrity of a pipeline.
97.Part 2 Division 2A inserted
At the end of Part 2 insert:
Division 2A — Pipeline performance report
In this Division —
commencement day means the day on which this Division comes into operation;
existing pipeline licence means a licence to construct or operate a pipeline that was granted by the Minister before commencement day that continues on or after that day;
terminated pipeline licence means a licence to construct or operate a pipeline that has expired or been cancelled, revoked, surrendered or terminated;
transitional period means the period of 12 months beginning on commencement day.
10B.Requirement to provide annual pipeline performance report
(1)A pipeline licensee must give the Minister a report (an annual pipeline performance report) for a reporting period for the pipeline licence within —
(a)30 days after the day on which the reporting period for the licence ends; or
(b)if the Minister authorises the pipeline licensee to give the annual pipeline performance report within another period — the other period.
Penalty for this subregulation: a fine of $10 000.
(2)An annual pipeline performance report must contain information that demonstrates the performance of the pipeline licensee in maintaining the integrity of the pipeline and may include any other information that the licensee believes is relevant to the pipeline licence.
(3)For the purposes of this Division, a reporting period for the pipeline licence is either —
(a)a year of the term of the licence; or
(b)if the Minister gives written agreement to a different 12‑month period, the different period.
A pipeline licensee with more than 1 pipeline licence may combine the annual pipeline performance reports into a single document with the written agreement of the Minister.
10D.Pipeline performance report for part of year
(1)This regulation applies if —
(a)a pipeline licence ceases to be in force (whether it has expired or been cancelled, revoked, surrendered or terminated); and
(b)the term of the pipeline licence was not a whole number of years.
(2)The Minister may, by written notice, require the pipeline licensee to give a pipeline performance report to the Minister for the reporting period at the end of the term that was not a year of the term.
(3)The notice must specify the date by which the report must be given, which date must be at least 30 days after the day on which the notice is given.
(4)A pipeline licensee must comply with a notice given to the licensee under subregulation (2).
Penalty for this subregulation: a fine of $10 000.
Regulation 10B(1) does not apply in relation to an existing pipeline licence until — in the case where, before the end of the transitional period, the pipeline licensee is due to give its first annual pipeline performance report — the day after the end of the transitional period.
10F.Terminated pipeline licence
Regulation 10D(2) does not apply in relation to a terminated pipeline licence until — in the case where, before the end of the transitional period, the pipeline licensee has received a written notice from the Minister requiring the licensee to give an assessment report to the Minister — the day after the end of the transitional period.
Part 12 — Petroleum (Submerged Lands) Registration Fees Regulations 1990 amended
This Part amends the Petroleum (Submerged Lands) Registration Fees Regulations 1990.
Delete regulation 1 and insert:
These regulations are the Petroleum and Greenhouse Gas Storage (Submerged Lands) Registration Fees Regulations 1990.
Part 13 — Petroleum (Submerged Lands) Regulations 1990 amended
This Part amends the Petroleum (Submerged Lands) Regulations 1990.
Delete regulation 1 and insert:
These regulations are the Petroleum and Greenhouse Gas Storage (Submerged Lands) Regulations 1990.
In regulation 2A insert in alphabetical order:
document, in relation to service and lodgment —
(a)means an application, a form, an instrument, a nomination, a notice or a submission; and
(b)includes any other record of information with respect to a GHG operation and a petroleum operation;
After regulation 2A insert:
For the purpose of paragraph (b)(ii) of the definition of petroleum in section 4(1) of the Act, a substance to assist the recovery of petroleum, or of a regulated substance, is prescribed.
In regulation 4 delete “prescribed” and insert:
approved
In regulation 5(1)(f), (g) and (h) after “Petroleum” insert:
and Greenhouse Gas Storage
106.Regulations 6 and 7 inserted
After regulation 5 insert:
(1)A registered holder must provide an email address for the service of documents by electronic means.
(2)If the Minister is required to serve a document on the registered holder, the Minister may serve the document as an email attachment to the email address provided by the registered holder.
(3)A document served by email on a registered holder is taken to have been served —
(a)if it is sent before 4.30 pm on a working day — on that day; or
(b)otherwise — on the next working day.
7.Lodging documents through Department’s website
(1)A document that is required under the Act to be lodged may be lodged as an electronic version by means of the Department’s website.
(2)A document that is lodged electronically after 4.30 pm on a working day and before 8.30 am on the next working day is taken to have been lodged at 8.30 am on that next working day.
(3)The Minister may at any time require a person who has lodged a document electronically to lodge it in hard copy form at the Department’s customer service counter at Mineral House, 100 Plain Street, East Perth WA 6004.
107.Regulations 13 to 15 inserted
After regulation 12 insert:
13.Transitional provision relating to Petroleum Legislation Amendment Act 2024 s. 33
(1)This regulation is made under section 153(3) of the Act and applies before the day on which the Petroleum Legislation Amendment Act 2024 section 33 comes into operation.
(2)In section 145(3) of the Act (as amended by the Petroleum Legislation Amendment Act 2024 Part 4), references to an authorisation referred to in the Petroleum, Geothermal Energy and Greenhouse Gas Storage Act 1967 section 67(2), or to regulations under section 67(2) of that Act, are to be read as a reference to an agreement under section 67(2)(a) of that Act.
14.Transitional provision relating to Petroleum Legislation Amendment Act 2024 s. 355(1)
(1)This regulation is made under section 153(3) of the Act and applies if amendment day, as defined in Schedule 3 clause 6(1) of the Act (as inserted by the Petroleum Legislation Amendment Act 2024 section 369), is the same day as the day on which the Petroleum Legislation Amendment Act 2024 sections 260 and 261 come into operation.
(2)In Schedule 3 clause 6(3) of the Act (as inserted by the Petroleum Legislation Amendment Act 2024 section 369), the reference to section 143(1) of the Act as in force immediately before amendment day is to be read as a reference to section 143(1) of the Act as amended by the Petroleum Legislation Amendment Act 2024 sections 260 and 261.
15.Other transitional provisions relating to Petroleum Legislation Amendment Act 2024
(1)In this regulation —
amendment day means the day on which the Petroleum Legislation Amendment Act 2024 section 210 comes into operation.
(2)This regulation is made under section 153(3) of the Act.
(3)On and after amendment day —
(a)an access authority that is in force, or an application for an access authority that is on foot, immediately before amendment day continues as a petroleum access authority or an application for a petroleum access authority; and
(b)a lease that is in force, or an application for a lease that is on foot, immediately before amendment day continues as a petroleum retention lease or an application for a petroleum retention lease; and
(c)a licence that is in force, or an application for a licence that is on foot, immediately before amendment day continues as a petroleum production licence or an application for a petroleum production licence; and
(d)a permit that is in force, or an application for a permit that is on foot, immediately before amendment day continues as a petroleum exploration permit or an application for a petroleum exploration permit; and
(e)a special prospecting authority that is in force, or an application for a special prospecting authority that is on foot, immediately before amendment day continues as a petroleum special prospecting authority or an application for a petroleum special prospecting authority; and
(f)references in the Act to, or that include, a petroleum access authority include, where relevant, an access authority that ceased to have force before amendment day; and
(g)references in the Act to, or that include, a petroleum retention lease include, where relevant, a lease that ceased to have force before amendment day; and
(h)references in the Act to, or that include, a petroleum production licence include, where relevant, a licence that ceased to have force before amendment day; and
(i)references in the Act to, or that include, a petroleum exploration permit include, where relevant, a permit that ceased to have force before amendment day; and
(j)references in the Act to, or that include, a petroleum special prospecting authority include, where relevant, a special prospecting authority that ceased to have force before amendment day.
(4)In subregulation (3), references to an application include an invitation for applications made by the Minister.
(5)In section 38E of the Act (as amended by the Petroleum Legislation Amendment Act 2024 Part 4) —
(a)in subsection (1)(a), the reference to a notice of the kind referred to in section 38H(3A) of the Act includes a notice given before amendment day of the kind referred to in section 38H(3) of the Act as then in force; and
(b)in subsection (2A)(a), the reference to an instrument under section 38E(2) of the Act includes an instrument served before amendment day under section 38E(1) of the Act as then in force; and
(c)in subsection (2A)(b)(i) and (ii), references to section 38E(2)(b) of the Act are, in the case of an instrument served before amendment day under section 38E(1) of the Act as then in force, to section 38E(1)(e) of the Act as then in force; and
(d)in subsections (3) and (4), references to the cancellation of a lease under section 38E(2B) of the Act include the cancellation of a lease before amendment day under section 38E(2) of the Act as then in force.
(6)In section 38G of the Act (as amended by the Petroleum Legislation Amendment Act 2024 Part 4) —
(a)in subsections (6), (7) and (8), references to an instrument under section 38G(1A) or (1B) of the Act include an instrument served before amendment day under section 38G(1) of the Act as then in force; and
(b)in subsection (10) —
(i)the reference to the Minister refusing to grant the renewal of a lease includes the Minister refusing to grant the renewal of a lease before amendment day by reason only of not being satisfied as to the matter referred to in section 38G(1)(c)(i) of the Act as then in force; and
(ii)in paragraph (a), the reference to an instrument under section 38G(2) of the Act includes an instrument served before amendment day under section 38G(2) of the Act as then in force.
(7)The replacement of section 38H(3) of the Act by the Petroleum Legislation Amendment Act 2024 section 301(1) does not affect a request made under section 38H(3) of the Act before amendment day.
(8)In section 38H(4) of the Act (as amended by the Petroleum Legislation Amendment Act 2024 Part 4), the reference to notices of the kind referred to in section 38H(3A)(a) of the Act includes notices given before amendment day of the kind referred to in section 38H(3) of the Act as then in force.
(9)A determination made before amendment day by the Minister under section 42 of the Act applies, on and after amendment day, in respect of a regulated substance recovered as well as petroleum recovered.
(10)In section 49(1) and (2) of the Act (as amended by the Petroleum Legislation Amendment Act 2024 Part 4), references to an instrument under section 47(1A) of the Act include an instrument made before amendment day under section 47(1) of the Act as then in force.
(11)If an instrument served on an applicant under section 49 of the Act before amendment day contains a statement that the applicant will be required to pay royalty at the rate specified in that statement, that statement applies, on and after amendment day, in respect of a regulated substance recovered as well as petroleum recovered.
(12)If an application for a pipeline licence made under section 64 of the Act before amendment day is on foot immediately before amendment day, the Act continues to apply, on and after amendment day, in relation to the application as if the amendment made by the Petroleum Legislation Amendment Act 2024 section 333 had not been made.
(13)Subregulation (14) applies if —
(a)an application for approval of a transfer is made before amendment day under section 78 of the Act; and
(b)neither of the following occurs before amendment day —
(i)the transfer is registered;
(ii)the Minister informs the applicant that the Minister has decided not to approve the transfer.
(14)On and after amendment day —
(a)section 78 of the Act, as amended by the Petroleum Legislation Amendment Act 2024 Part 4, applies in relation to the application and transfer as if the application had been made under section 78 of the Act as so amended; and
(b)for that purpose, in section 78(1), (4), (12) and (13) of the Act, references to an instrument of transfer are to an instrument of transfer that accompanied the application under section 78(3)(a) of the Act as in force before amendment day.
(15)Subregulation (16) applies if —
(a)an application for approval of a dealing is made before amendment day under section 81 or 81A of the Act; and
(b)neither of the following occurs before amendment day —
(i)an entry is made in the register in relation to the dealing under section 81(12) of the Act;
(ii)the Minister informs the applicant that the Minister has decided to refuse to approve the dealing.
(16)On and after amendment day —
(a)sections 81 and 81A (if relevant) of the Act, as amended by the Petroleum Legislation Amendment Act 2024 Part 4, apply in relation to the application and dealing as if the application had been made under section 81 or 81A of the Act as so amended; and
(b)for that purpose, in section 81(13)(a) to (c) of the Act, references to an instrument for the purpose of section 81(4)(b) of the Act are to an instrument for the purpose of section 81(4)(b) of the Act as in force before amendment day.
Delete Schedule 1 and insert:
[r. 3(1)]
|
Column 1 |
Column 2 |
Column 3 |
|
1. |
s. 21(1)(f) |
8 740.00 |
|
2. |
s. 24(1)(a) |
8 320.00 |
|
3. |
s. 30(2)(c) |
8 740.00 |
|
4. |
s. 30(4)(b) |
8 740.00 |
|
5. |
s. 38A(2)(e) |
8 320.00 |
|
6. |
s. 38A(2A)(d) |
8 320.00 |
|
7. |
s. 38BB(2)(d) |
8 320.00 |
|
8. |
s. 38CA(2)(d) |
8 320.00 |
|
9. |
s. 38F(2)(d) |
8 320.00 |
|
10. |
s. 38F(2A)(c) |
8 320.00 |
|
11. |
s. 41(1)(e) |
8 950.00 |
|
12. |
s. 48(1)(a) |
8 740.00 |
|
13. |
s. 51(2)(e) |
8 740.00 |
|
14. |
s. 54(2)(d) |
8 320.00 |
|
15. |
s. 60B(2)(d) |
8 320.00 |
|
16. |
s. 60J(2)(d) |
7 550.00 |
|
17. |
s. 64(3) |
8 740.00 |
|
18. |
s. 71(2)(e) |
8 740.00 |
|
19. |
s. 74AQ(1)(g) |
8 250.00 |
|
20. |
s. 79(2) |
167.00 |
|
21. |
s. 79(3)(b) |
156.00 |
|
22. |
s. 86(1) |
149.00 |
|
23. |
s. 87(3) |
142.00 |
|
24. |
s. 111(2)(d) |
8 740.00 |
|
25. |
s. 141 |
233.00 |
109.Schedule 2 heading replaced
Delete the heading to Schedule 2 and the reference after it and insert:
Schedule 2 — Form of instrument of transfer of title under Petroleum and Greenhouse Gas Storage (Submerged Lands) Act 1982 s. 78
[r. 4]
(1)In Schedule 2 after “Petroleum” (each occurrence) insert:
and Greenhouse Gas Storage
(2)In Schedule 2 after “Petroleum” insert:
and Greenhouse Gas Storage
Part 14 — Petroleum (Submerged Lands) (Resource Management and Administration) Regulations 2015 amended
This Part amends the Petroleum (Submerged Lands) (Resource Management and Administration) Regulations 2015.
In regulation 1 after “Petroleum” insert:
and Greenhouse Gas Storage
Delete regulation 3(a) to (c) and insert:
(a)to ensure that operations relating to the exploration for petroleum, regulated substances or GHG storage formations, or the recovery of petroleum or regulated substances or GHG injection operations, in the State are —
(i)carried out in a proper and workmanlike manner and, in the case of operations relating to the exploration for or recovery of petroleum, in accordance with good oil‑field practice; and
(ii)compatible with the optimum long‑term recovery of petroleum and regulated substances; and
(iii)carried out in a way that reduces the risk of aquifer contamination or, in the case of GHG injection operations, aquifer contamination outside the storage formation;
and
(b)to ensure that the Minister is informed, in a timely and consistent manner, of —
(i)the exploration for petroleum, regulated substances or GHG storage formations; and
(ii)the discovery of petroleum or regulated substances; and
(iii)the appraisal of discoveries; and
(iv)development and production operations relating to the recovery of petroleum or regulated substances; and
(v)GHG injection operations; and
(vi)the results of operations referred to in subparagraph (iv) or (v);
and
(c)to provide a framework for encouraging the adequate collection and retention and timely dissemination of petroleum, regulated substances and greenhouse gas data; and
(1)In regulation 4 delete “In these regulations, unless the contrary intention appears —” and insert:
(1)In these regulations —
(2)In regulation 4 delete the definition of survey.
(3)In regulation 4 insert in alphabetical order:
engineering enhancement —
(a)means an action taken by an individual to facilitate storage of a greenhouse gas substance in an identified GHG storage formation; and
(b)includes —
(i)remediating an existing well from a previous operation that penetrates the storage formation; and
(ii)managing formation pressure; and
(iii)increasing the injectivity potential;
survey means a geochemical survey, geological survey or geophysical survey, the data from which is intended for use in —
(a)the exploration for —
(i)petroleum; or
(ii)regulated substances; or
(iii)potential GHG storage formations; or
(iv)sites for the injection of greenhouse gas;
or
(b)the appraisal of a discovery of —
(i)petroleum; or
(ii)regulated substances; or
(iii)potential GHG storage formations; or
(iv)sites for the injection of greenhouse gas;
or
(c)the recovery of petroleum or regulated substances; or
(d)the injection and permanent storage of greenhouse gas substances;
survey applicant means an instrument holder, or an applicant for an instrument, who makes an application under regulation 6(1);
(4)In regulation 4 in the definition of integrity delete paragraph (b) and insert:
(b)is able to contain reservoir fluid, petroleum, a greenhouse gas substance or any other substance; and
(5)In regulation 4 in the definition of well integrity hazard:
(a)in paragraph (b)(i) delete “petroleum; or” and insert:
petroleum or regulated substances; or
(b)after paragraph (b)(ii) insert:
(iia)a GHG storage formation; or
(6)At the end of regulation 4 insert:
(2)For the purposes of paragraph (b) of the definition of regulated substance in section 4(1) of the Act, the following are regulated substances —
(a)hydrogen;
(b)helium.
(1)Delete regulation 6(1) and insert:
(1)A survey applicant may apply to the Minister for approval to undertake a survey.
(2)In regulation 6(2)(b):
(a)in subparagraph (ix) delete “instrument holder;” and insert:
survey applicant;
(b)in subparagraph (xi) delete “instrument holder” (each occurrence) and insert:
survey applicant
Delete regulation 8(1) and insert:
(1)The Minister may ask a survey applicant to provide further written information about the proposed survey.
In regulation 9(3) delete “instrument holder” and insert:
survey applicant
118.Part 3 Division 1 Subdivision 1A inserted
At the beginning of Part 3 Division 1 insert:
9A.Well includes associated well‑related equipment
In this Part, a reference to a well includes a reference to the well‑related equipment, including any plant, equipment or other thing for containing pressure in a well.
9B.Well activity taken to occur if well not operational
If a well, in a title area that is not operational, has not been decommissioned the titleholder is taken for the purposes of this Part to be undertaking a well activity in relation to the well.
After regulation 10(2)(a)(iii)(II) insert:
(IIA)a GHG storage formation; or
After regulation 11(2)(a)(iii)(II) insert:
(IIA)a GHG storage formation; or
Delete regulation 16(1)(c)(ii) and insert:
(ii)if the activity relates to the exploration for or the recovery of petroleum or a regulated substance, in a manner that is consistent with good oil‑field practice;
In regulation 34 delete “section 34 or 38J” and insert:
section 34(1)(a), 38J(1)(a) or 53A(1)(a)
In regulation 36(1) in the definition of discovery assessment report:
(a)in paragraph (b) delete “petroleum” and insert:
resources
(b)in paragraphs (c) and (e) after “petroleum” insert:
or regulated substance
(c)in paragraphs (f) and (g) delete “in the petroleum” and insert:
or regulated substance in the resources
(1)In regulation 37(1) in the Penalty delete “Penalty:” and insert:
Penalty for this subregulation:
(2)Delete regulation 37(2)(b) and (c) and insert:
(b)in the case of a petroleum retention lessee — the information listed in Schedule 2 Division 2; or
(c)in the case of a GHG retention lessee — the information listed in Schedule 2 Division 2A; or
(d)in the case of a petroleum licensee — the information listed in Schedule 2 Division 3.
In the heading to Part 6 after “plans” insert:
for petroleum or regulated substance recovery
In regulation 40 insert in alphabetical order:
licence means a petroleum production licence;
Note: The heading to amended regulation 40 is to read:
Terms used
In regulation 41:
(a)delete “A licensee” and insert:
A petroleum licensee
(b)delete “from a petroleum” and insert:
or a regulated substance from a resources
(c)in paragraph (b) delete “petroleum,” and insert:
petroleum or regulated substance,
(d)in paragraph (b)(i) delete “petroleum” and insert:
resources
(e)in paragraph (b)(ii) after “petroleum” insert:
or a regulated substance
In regulation 47(1)(b)(ii) delete “petroleum.” and insert:
petroleum or regulated substance.
(1)In regulation 50(1) in the definition of major change:
(a)after “petroleum” (1st occurrence) insert:
or a regulated substance
(b)in paragraphs (a) and (b) delete “petroleum” and insert:
resources
(c)in paragraph (d) after “petroleum” insert:
or a regulated substance
(2)In regulation 50(2) after “petroleum” insert:
or a regulated substance
130.Part 6 Division 5 heading amended
In the heading to Part 6 Division 5 after “petroleum” insert:
or regulated substance
(1)In regulation 58(1):
(a)after “petroleum” (1st occurrence) insert:
or a regulated substance
(b)delete “petroleum” (2nd occurrence) and insert:
resources
(c)delete “petroleum pool.” and insert:
resources pool.
(2)In regulation 58(2)(d) delete “petroleum; and” and insert:
petroleum or a regulated substance; and
Note: The heading to amended regulation 58 is to read:
Application
In regulation 60(a)(i) delete “petroleum; and” and insert:
petroleum or a regulated substance; and
In the heading to Part 7 after “Notification of” insert:
petroleum or regulated substance recovery
(1)In regulation 62(1) insert in alphabetical order:
licence means a petroleum production licence;
(2)In regulation 62(1) in the definition of significant event:
(a)in paragraph (a) delete “petroleum;” and insert:
petroleum or a regulated substance;
(b)in paragraph (b) after “petroleum” insert:
or a regulated substance
(c)in paragraph (c) after “petroleum” (1st occurrence) insert:
or a regulated substance
(d)in paragraph (c) delete “petroleum” (2nd occurrence) and insert:
resources
(e)in paragraph (d) after “petroleum” insert:
or a regulated substance
(f)in paragraph (e) delete “petroleum” and insert:
resources
(3)Delete regulation 62(3).
(4)In regulation 62(4) delete “3” and insert:
7
(5)In regulation 62(4) in the Penalty delete “Penalty:” and insert:
Penalty for this subregulation:
(6)In regulation 62(5)(a)(ii):
(a)delete “petroleum” (1st occurrence) and insert:
resources
(b)delete “petroleum;” and insert:
petroleum or regulated substance;
135.Part 8 Division 4 Subdivision 2A inserted
(1)After Part 8 Division 4 Subdivision 2 insert:
Subdivision 2A — Other reports
77A.Report on work commitments other than wells or surveys
An instrument holder commits an offence if the instrument holder —
(a)in compliance with a condition to which the instrument is subject, conducts any work, other than a well activity or under a survey; and
(b)does not give the Minister a report detailing the results of the work and the relevance of the observations and interpretations to the evaluation of the petroleum, regulated substance or GHG storage potential of the instrument area —
(i)within 12 months after the day on which the work is completed; or
(ii)if the Minister authorises the instrument holder to give the report within another period — the other period.
Penalty: a fine of $7 000.
136.Part 8 Division 4 Subdivision 3 heading amended
In the heading to Part 8 Division 4 Subdivision 3 after “reports” insert:
and GHG licence reports
(1)In regulation 78(1) in the definition of monthly production report delete “Schedule 16.” and insert:
Schedule 16 Division 1.
(2)Delete regulation 78(2) and insert:
(2)A petroleum licensee commits an offence if the petroleum licensee does not give the Minister a monthly production report for a petroleum licence area within the period —
(a)starting on the last day of the month to which the report relates; and
(b)ending 15 days after that day.
Penalty for this subregulation: a fine of $7 000.
Note: The heading to amended regulation 78 is to read:
Monthly production report from petroleum licensee
At the end of Part 8 Division 4 Subdivision 3 insert:
(1)In this regulation —
annual GHG accounting report means a report that includes the information listed in Schedule 16 Division 5;
annual GHG injection report means a report that includes the information listed in Schedule 16 Division 3;
monthly GHG accounting report means a report that includes the information listed in Schedule 16 Division 4;
monthly GHG injection report means a report that includes the information listed in Schedule 16 Division 2.
(2)A GHG licensee commits an offence if the licensee does not give the Minister a monthly GHG injection report or monthly GHG accounting report for the licence area within the period —
(a)starting on the last day of the month to which the report relates; and
(b)ending 15 days after that day.
Penalty for this subregulation: a fine of $7 000.
(3)A GHG licensee commits an offence if the licensee does not give the Minister an annual GHG injection report or annual GHG accounting report for the licence area within the period —
(a)starting on the last day of the financial year to which the report relates; and
(b)ending on the day 4 months after that day.
Penalty for this subregulation: a fine of $7 000.
In regulation 79(1) delete the Table and insert:
Table
|
Item |
Core, cutting or sample |
Quantity of core, cutting or sample |
Period for giving core, cutting or sample |
|
1. |
Ditch cutting |
200 grams dry weight per sample interval |
Within 12 months after the rig release date. |
|
2. |
Full hole conventional core |
One‑third of the core |
The period ending on the day 6 months after the rig release date. |
|
3. |
Full hole conventional core |
Remainder of the core |
As soon as practicable after the expiry, surrender, cancellation, revocation or termination of the relevant instrument. |
|
4. |
Gaseous petroleum and regulated substance samples |
300 cm3 at reservoir pressure per test interval |
Within 12 months after completion of the test during which the sample was collected. |
|
5. |
Fluid petroleum and regulated substance samples |
1 L per test interval |
Within 12 months after completion of the test during which the sample was collected. |
|
6. |
Sidewall core material |
All material collected |
Within 12 months after the rig release date. |
|
7. |
Palynological, paleontological or petrological material |
All material produced |
Within 12 months after the rig release date. |
Delete the heading to Part 9 and insert:
Part 9 — Release of technical information about petroleum, regulated substances and greenhouse gas
In regulation 81(3):
(a)in paragraph (c) delete “38A” and insert:
38A, 38BB
(b)in paragraph (e) after “petroleum” insert:
or regulated substance
(c)in paragraph (f) delete “40A” and insert:
40AA, 40A, 40B
After regulation 89 insert:
89A.Release of information from greenhouse gas reports
Despite anything else in this Division, the Minister must make publicly available on a website maintained by, or on behalf of, the Department, the following —
(a)information contained in a monthly GHG accounting report (as defined in regulation 78A(1)) — within 15 days after the Minister receives the report;
(b)information contained in an annual GHG accounting report (as defined in regulation 78A(1)) — within 30 days after the Minister receives the report;
(c)information listed in Schedule 16 Division 3 item 12 of the annual GHG injection report (as defined in regulation 78A(1)) — within 3 years after the Minister receives the report.
In regulation 90(2) in the Table delete item 4 and insert:
|
4. |
A survey that collected 3D seismic data as non‑exclusive data if either of the following was required to be produced as a condition of the grant of an instrument — (a)the 3D data; (b)2D data extracted from the 3D data, contained in a seismic extracted data grid. |
For the 3D data — the day 15 years after the acquisition of the data was completed. For the extracted 2D data — the day 5 years after the acquisition of the 3D data was completed. |
|
5. |
A survey that collected 3D seismic data as non‑exclusive data if neither of the following was required to be produced as a condition of the grant of an instrument — (a)the 3D data; (b)2D data extracted from the 3D data, contained in a seismic extracted data grid. |
For the 3D data — the day 15 years after the acquisition of the data was completed. For the extracted 2D data — the day 6 years after the acquisition of the 3D data was completed. |
In regulation 91(2)(c) delete “petroleum,” and insert:
petroleum, a regulated substance or a greenhouse gas substance,
In Schedule 1 item 4 delete “petroleum,” and insert:
petroleum or regulated substances,
(1)In Schedule 2 item 2:
(a)in paragraph (a) delete “evaluation” and insert:
evaluations
(b)in paragraph (b) delete “evaluation” and insert:
evaluations
(c)in paragraph (b) delete “identified.” and insert:
identified or potential GHG storage formations that have been assessed.
(2)Delete the heading to Schedule 2 Division 2 and insert:
Division 2 — Required information: petroleum retention lessee
(3)In Schedule 2 item 7:
(a)in paragraph (a) delete “evaluation” and insert:
evaluations
(b)in paragraph (b) delete “evaluation” and insert:
evaluations
(4)In Schedule 2 item 11:
(a)delete “petroleum” (1st occurrence) and insert:
resources
(b)in paragraphs (c) and (d) after “petroleum” insert:
and regulated substances
(5)Delete Schedule 2 Division 3 and insert:
Division 2A — Required information: GHG retention lessee
|
Item |
Description of information |
|
12A. |
A description of work and expenditure commitments as detailed in the lease. |
|
12B. |
For all work, evaluations and studies carried out in relation to the lease — (a)the total expenditure on the work, evaluations and studies; and (b)the results of the work, evaluations and studies, including details about any potential GHG storage formations that have been assessed. |
|
12C. |
A list of the reports submitted to the Minister in accordance with these regulations during the year. |
|
12D. |
Details of the lessee’s plans for further evaluation work, including work that is to be carried out in the lease area. |
|
12E. |
For the work, evaluations and studies expected to be carried out in relation to the lease during the next year of the lease — (a)a description of work commitments and expenditure estimates; and (b)a description of the measures taken by the lessee to prepare for the work mentioned in paragraph (a). |
|
12F. |
Any other information that is required to be included in the annual assessment report by a condition of the lease. |
Division 3 — Required information: petroleum licensee
|
Item |
Description of information |
|
13. |
For all work, evaluations and studies carried out in relation to the licence — (a)the total expenditure on the work, evaluations and studies; and (b)the results of the work, evaluations and studies, including details about any leads and prospects identified. |
|
14. |
Details of any activities the licensee plans to undertake in the licence area in compliance with a condition of the licence. |
|
15. |
A list of the reports submitted to the Minister in accordance with these regulations during the year. |
|
16. |
Details of the licensee’s plans for further evaluation of the licence area, including work that is to be carried out in the licence area and is not covered by item 14. |
|
17. |
A production forecast for each producing or potential development project. |
|
18. |
For a year after the first year of the licence, the following information about each resources pool situated in the licence area — (a)a description of the pool; (b)any new information relating to the evaluation of the pool; (c)an estimate of the quantity of petroleum or regulated substance in the pool at the end of the previous year; (d)an estimate of the quantity of recoverable petroleum or regulated substance in the pool at the end of the previous year; (e)any new or revised data upon which the estimates in paragraphs (c) and (d) are based, including a report of any study carried out that has resulted in a revised estimate; (f)a table summarising the quantities mentioned in paragraphs (c) and (d) by reference to resources and reserves. |
|
19. |
The total amount of petroleum and regulated substances produced during the year. |
|
20. |
The amount of each substance injected into an underground formation during the year. |
|
21. |
The amount of each substance flared or vented during the year. |
|
22. |
Any other information that is required to be included in accordance with a condition of the licence. |
(1)Delete Schedule 3 items 1 to 3 and insert:
|
1. |
Evidence and data showing that the field contains petroleum or a regulated substance, including details of the structure, extent and location of discovered resources pools. |
|
2. |
Estimates of the volume of petroleum or regulated substances in place and recoverable petroleum or regulated substances, including data supporting the estimates. |
|
3. |
A description of the following — (a)the possible resources pools in the field; (b)the applicant’s plans (if any) to explore for resources pools; (c)how any resources pools of commercial quantity can be incorporated into the development of the licence area. |
(2)In Schedule 3 item 4(a) delete “petroleum” and insert:
resources
(3)In Schedule 3 item 5 after “petroleum” insert:
or regulated substances
(4)Delete Schedule 3 item 7 and insert:
|
7. |
The proposed maximum rate of recovery of petroleum or regulated substances from a resources pool in the field. |
(5)In Schedule 3 item 10(a) and (b) delete “petroleum;” and insert:
petroleum or regulated substances;
(6)In Schedule 3 item 12 delete “petroleum” and insert:
petroleum, regulated substances
(7)Delete Schedule 3 item 13(b) and (c) and insert:
|
(b)any petroleum or regulated substance production by a well that is from more than 1 resources pool; (c)any petroleum or regulated substance production that is from a resources pool that is through more than 1 well. |
(8)In Schedule 3 item 14(d) delete “petroleum;” and insert:
petroleum or regulated substances;
(9)In Schedule 3 item 15 delete “petroleum.” and insert:
petroleum or regulated substances.
In Schedule 4 item 9 delete “petroleum.” and insert:
petroleum or regulated substance.
Delete Schedule 5 and insert:
Schedule 5 — Final well activity data
[r. 72(1)]
|
Item |
Type of data |
Standard submission method |
Standard formats |
|
1. |
Well index sheet |
Online or portable hard drive |
|
|
2. |
If generated, raw data, edited field data and processed data from log runs (any results from measurements while drilling (MWD) and logging while drilling (LWD), wireline data) |
Online or portable hard drive |
DLIS or LAS with complete header information |
|
3. |
Log displays for all generated logs |
Online or portable hard drive |
PDF or TIFF |
|
4. |
If generated, edited field data and processed data for borehole deviation surveys |
Online or portable hard drive |
DLIS, ASCII, LAS or XLSX with complete header information |
|
5. |
If generated, petrophysical, geochemical or other sample analyses |
Online or portable hard drive |
ASCII or XLSX with complete header information |
(1)In Schedule 6 item 5 after “producing,” insert:
injecting,
(2)In Schedule 6 item 14 delete “petroleum” and insert:
resources
(3)In Schedule 6 item 27 delete “petroleum.” and insert:
petroleum or regulated substance.
Delete Schedule 7 and insert:
Schedule 7 — Well completion data
[r. 73(1)]
|
Item |
Type of data |
Standard submission method |
Standard formats |
|
1. |
Well index sheet |
Online or portable hard drive |
|
|
2. |
Raw data, edited field data and processed data from all log runs (any results from measurements while drilling (MWD) and logging while drilling (LWD), wireline data) |
Online or portable hard drive |
DLIS or LAS with complete header information |
|
3. |
Log displays for all log runs |
Online or portable hard drive |
PDF or TIFF |
|
4. |
Mudlogging data |
Online or portable hard drive |
ASCII or LAS with complete header information |
|
5. |
Mudlog displays |
Online or portable hard drive |
PDF or TIFF |
|
6. |
Edited field data and processed data for borehole deviation surveys |
Online or portable hard drive |
DLIS, ASCII, LAS or XLSX with complete header information |
|
7. |
If generated, data from velocity surveys including the following — (a)raw data; (b)processed data; (c)checkshot and time/depth analysis |
Online or portable hard drive |
DLIS, SEG‑Y or ASCII with complete header information |
|
8. |
Velocity survey displays |
Online or portable hard drive |
TIFF, JPEG or PDF |
|
9. |
Interpretative log analysis |
Online or portable hard drive |
DLIS, ASCII, LAS or XLSX with complete header information |
|
10. |
Petrophysical, geochemical or other sample analyses |
Online or portable hard drive |
ASCII or XLSX with complete header information |
|
11. |
Composite well log |
Online or portable hard drive |
TIFF, JPEG or PDF |
|
12. |
Photography of the core and sidewall core, in both natural and UV light |
Online or portable hard drive |
JPEG, PNG or TIFF |
(1)In Schedule 8 item 2 after “cost” insert:
and the final cost
(2)In Schedule 8 item 6 after “producing,” insert:
injecting,
(3)In Schedule 8 item 7(a) after “the” (1st occurrence) insert:
geodetic datum,
(4)Delete Schedule 8 item 9 and insert:
|
9. |
Either — (a)the spud date; or (b)if the well is a sidetrack — the kick‑off date. |
(5)In Schedule 8 item 11 delete “Kelly bushing” and insert:
rotary table
(6)In Schedule 8 item 17 delete “horizon.” and insert:
horizon or the storage formation.
(7)Delete Schedule 8 item 18 and insert:
|
18. |
If applicable, the depth of perforation in the resources pool or the storage formation. |
(8)Delete Schedule 8 item 40 and insert:
|
40. |
Well test reporting and associated digital data. |
(9)Delete Schedule 8 item 41 and insert:
|
41. |
If the well is an exploration well — the relevance of the observations and interpretations to the evaluation of the petroleum, regulated substance or GHG storage potential of the instrument area. |
(10)In Schedule 8 item 42 delete “petroleum.” and insert:
petroleum or regulated substance.
Delete Schedule 10 and insert:
Schedule 10 — Survey acquisition data
[r. 75(1)]
|
Item |
Type of data |
Standard submission method |
Standard formats |
|
1. |
Navigation, elevation and bathymetry data |
Online or portable hard drive |
UKOOA with complete header information |
|
2. |
Spatial data for the survey, in the form of — (a)for a 2‑dimensional seismic survey — line ends and bends; or (b)for a 3‑dimensional seismic survey — a polygon outline of the acquisition area. |
Online or portable hard drive |
For 2D — polyline shapefile For 3D — polygon shapefile |
|
3. |
Seismic field data |
Portable hard drive, LTO or 3592 cartridge |
SEG‑D or SEG‑Y with complete header information |
|
4. |
Seismic support data, including observers’ logs |
Online or portable hard drive |
PDF or XLSX |
|
Item |
Type of data |
Standard submission method |
Standard formats |
|
5. |
Field data |
Online or portable hard drive |
ASCII or other industry‑recognised standard non‑proprietary binary format, with accompanying format description |
|
6. |
Field support and navigation data |
Online or portable hard drive |
ASCII |
|
7. |
Spatial data for the survey, in the form of — (a)for other 2‑dimensional surveys — line ends and bends; or (b)for other 3‑dimensional surveys — a polygon outline of the acquisition area. |
Online or portable hard drive |
For 2D — polyline shapefile For 3D — polygon shapefile |
Delete Schedule 12 and insert:
Schedule 12 — Processed survey data
[r. 76(1)]
Division 1 — 2D seismic surveys
|
Item |
Type of data |
Standard submission method |
Standard formats |
|
1. |
All generated processed data including the following — (a)raw and final stacked data; (b)raw and final migrated data; (c)data generated from any other processing |
Online or portable hard drive |
SEG‑Y with complete header information |
|
2. |
Final processed navigation, elevation and bathymetry data |
Online or portable hard drive |
UKOOA with complete header information |
|
3. |
Shotpoint to common depth point (CDP) relationship |
Online or portable hard drive |
ASCII |
|
4. |
Data for both stacked and migrated velocities, including the following — (a)line number; (b)shotpoint or CDP; (c)time versus root mean square (RMS) pairs |
Online or portable hard drive |
ASCII or SEG‑Y with complete header information |
Division 2 — 3D seismic surveys
|
Item |
Type of data |
Standard submission method |
Standard formats |
|
5. |
All generated processed data including the following — (a)raw and final stacked data; (b)raw and final migrated data; (c)data generated from any other processing |
Online or portable hard drive |
SEG‑Y with complete header information |
|
6. |
Final processed navigation, elevation and bathymetry data, including final processed (grid) bin coordinates |
Online or portable hard drive |
UKOOA with complete header information |
|
7. |
Final navigation data in the form of the following — (a)final processed (grid) bin coordinates; (b)polygon showing the outline of the full fold area |
Online or portable hard drive |
Shapefile
|
|
8. |
Data for both stacked and migrated velocities, including the following — (a)bin number; (b)time versus root mean square (RMS) pairs |
Online or portable hard drive |
ASCII or SEG‑Y with complete header information |
|
9. |
2D data subset, if the 3‑dimensional survey collected data as non‑exclusive data |
Online or portable hard drive |
SEG‑Y with complete header information |
|
Item |
Type of data |
Standard submission method |
Standard formats |
|
10. |
All generated processed data |
Online or portable hard drive |
ASCII or other industry‑recognised standard non‑proprietary binary format, with accompanying format description |
|
11. |
Georeferenced final processed images |
Online or portable hard drive |
GeoPDF and GeoTIFF |
|
12. |
Polygon showing the outline of the processed area |
Online or portable hard drive |
Shapefile |
Delete Schedule 14 and insert:
Schedule 14 — Interpretative survey data
[r. 77(1)]
|
Item |
Type of data |
Standard submission method |
Standard formats |
|
1. |
Digital interpretation map displays |
Online or portable hard drive |
PDF, TIFF, JPEG or other standard picture format |
Delete Schedule 15 item 5(c) and insert:
(c)a description of the velocity field used to convert time to depth (including ASCII data) and the basis for the velocity field (for example, wells and seismic surveys used); and
157.Schedule 16 heading replaced
Delete the heading to Schedule 16 and the reference after it and insert:
Schedule 16 — Production and GHG injection reports
[r. 78(1), 78A(1)]
(1)At the beginning of Schedule 16 insert:
Division 1 — Information for monthly production report from petroleum licensee
(2)In Schedule 16 item 1(f) after “petroleum” insert:
or regulated substances
(3)Delete Schedule 16 item 2 and insert:
|
2. |
For the licence area — (a)the total quantities of each of the following for the month — (i)liquid and gaseous petroleum or regulated substances produced; (ii)liquid and gaseous petroleum or regulated substances used; (iii)liquid and gaseous petroleum or regulated substances injected; (iv)gaseous petroleum or regulated substances flared or vented; (v)liquid petroleum or regulated substances stored; (vi)liquid and gaseous petroleum or regulated substances delivered from the area; (vii)water produced; (viii)water injected; |
|
|
(b)the cumulative quantities of water and of liquid and gaseous petroleum and regulated substances produced or injected as at the end of the month. |
(4)At the end of Schedule 16 insert:
Division 2 — Information for monthly GHG injection report
|
Item |
Description of information |
|
3. |
For each well in the licence area — (a)the well’s identification name and number; and (b)a summary of all work that has been performed on the well during the month; and (c)the results of any tests conducted during the month; and (d)the well’s operational status at the end of the month; and (e)the daily values during the month for pressure and temperature, at both the wellhead and the bottom of the well bore, and the injection rate; and (f)if the well was shut in at any time during the month — the shut‑in wellhead pressure and temperature; and (g)the number of days of greenhouse gas injection during the month; and (h)the cumulative quantities of greenhouse gas substance injected, or each other substance produced or injected, as at the end of the month. |
|
4. |
For the licence area — (a)the total quantities of greenhouse gas substance injected, and each other substance produced or injected, during the month; and (b)the average composition of each greenhouse gas substance injected during the month; and (c)the sources of greenhouse gas substance injected; and (d)the physical and chemical properties and amount of each other substance injected into or extracted from an underground formation during the month as part of any engineering enhancements. |
Division 3 — Information for annual GHG injection report
|
Item |
Description of information |
|
5. |
For all work, evaluations and studies carried out in relation to the licence — (a)the total expenditure on the work, evaluations and studies; and (b)the results of the work, evaluations and studies, including details about any potential GHG storage formations that have been assessed. |
|
6. |
Details of any activities the licensee plans to undertake in the licence area in compliance with a condition of the licence. |
|
7. |
A list of the reports submitted to the Minister in accordance with these regulations during the year. |
|
8. |
Details of the licensee’s plans for further evaluation of the licence area, including work that is to be carried out in the licence area and is not covered by item 6. |
|
9. |
For a year after the first year of the licence, the following information about each identified GHG storage formation situated in the licence area — (a)information about the chemical composition and physical properties of the injected greenhouse gas substance and any incidental GHG‑related substances, including isotopic compositions; (b)the amount of each greenhouse gas substance injected; (c)information about the location and direction of movement of the GHG substances injected, including a comparison with the prediction set out in Part A of an approved site plan for that storage formation; (d)the results of maintenance operations and well‑bore integrity tests; (e)an estimate of the remaining storage capacity of the formation at the end of the year; (f)an estimate of the pressure behaviour within the formation and, wherever available, information on pressure measurements, including the results of pressure transient tests. |
|
10. |
The physical and chemical properties and amount of each substance injected into or extracted from an underground formation during the year as part of any engineering enhancements. |
|
11. |
The amount of each substance flared or vented during the year. |
|
12. |
All monitoring reports and data relevant to an approved site plan available to the licensee at the end of the year. |
|
13. |
Any other information that is required to be included in accordance with a condition of the licence. |
Division 4 — Information for monthly GHG accounting report
|
Item |
Description of information |
|
14. |
A monthly GHG accounting report must contain — (a)the quantity of greenhouse gas substance that has been put into the system, as measured at — (i)the source of the greenhouse gas substance; or (ii)if the greenhouse gas substance becomes the responsibility of the licensee at a point other than its source, that point; and |
|
|
(b)the quantity of greenhouse gas substance measured at the last measuring point before injection; and (c)the average composition of each greenhouse gas substance injected; and (d)the maximum and minimum injection rates during the month; and (e)the quantity of the greenhouse gas substance lost, and emissions of additional greenhouse gases generated, in each of the following processes — (i)compression; (ii)transportation; (iii)injection; and |
|
|
(f)an explanation of how each of the quantities mentioned in paragraph (e) was worked out; and (g)the quantity of greenhouse gas substance lost from the well bore; and (h)the quantity of greenhouse gas substance lost from the storage formation; and (i)the quantity of greenhouse gases emitted from the discharge of produced formation fluids. |
Division 5 — Information for annual GHG accounting report
|
Item |
Description of information |
|
15. |
An annual GHG accounting report must contain — (a)the quantity of greenhouse gas substance injected into the storage formation during the year; and (b)the cumulative quantity of greenhouse gas substance that has been stored as at the end of the year; and (c)the quantity of greenhouse gas substance lost, and emissions of additional greenhouse gases generated, in each of the following processes — (i)compression; (ii)transportation; (iii)injection; and (d)the quantity of greenhouse gas substance lost from the well bore; and (e)the quantity of greenhouse gas substance lost from the storage formation; and (f)an explanation of how losses of the greenhouse gas substance were estimated or measured; and (g)an assessment of the accuracy of the measurement or estimation of the quantities of the greenhouse gas substance; and (h)a summary of the measurements made under the monitoring and verification plan contained in the approved site plan, including a summary of the interpretation of those measurements. |
A. O’SULLIVAN, Clerk of the Executive Council
© State of Western Australia 2026. This work is licensed under a Creative Commons Attribution 4.0 International Licence (CC BY 4.0). To view relevant information and for a link to a copy of the licence, visit www.legislation.wa.gov.au. Attribute work as: © State of Western Australia 2026. By Authority: ANDREW JONES, Government Printer