Environment Regulations Amendment (Petroleum Legislation) Regulations 2026 00-00-00 Xml

Western Australia

Environment Regulations Amendment (Petroleum Legislation) Regulations 2026

Contents

Part 1 — Preliminary

1.Citation1

2.Commencement1

Part 2 — Environmental Protection (Clearing of Native Vegetation) Regulations 2004 amended

3.Regulations amended2

4.Regulation 5 amended2

5.Schedule 1 heading replaced3

Schedule 1 — Low impact or other mineral, petroleum, geothermal or greenhouse gas activities

6.Schedule 1 clause 2 replaced3

2.Low impact mineral, petroleum, geothermal and greenhouse gas activities3

Part 3 — Environmental Protection Regulations 1987 amended

7.Regulations amended7

8.Regulation 2AA amended7

9.Regulation 2C amended7

10.Regulation 3G replaced8

3G.Hydraulic fracturing8

Environmental Protection Act 1986

Environment Regulations Amendment (Petroleum Legislation) Regulations 2026

Made by the Governor in Executive Council.

Part 1 — Preliminary

1.Citation

These regulations are the Environment Regulations Amendment (Petroleum Legislation) Regulations 2026.

2.Commencement

These regulations come into operation as follows —

(a)Part 1 — on the day on which these regulations are published on the WA legislation website;

(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 — Environmental Protection (Clearing of Native Vegetation) Regulations 2004 amended

3.Regulations amended

This Part amends the Environmental Protection (Clearing of Native Vegetation) Regulations 2004.

4.Regulation 5 amended

In regulation 5(1) in the Table:

(a)delete item 20 and insert:

20	Clearing: low impact or other mineral, petroleum, geothermal or greenhouse gas activities
	Clearing that is, or is the result of carrying out, a low impact or other mineral, petroleum, geothermal or greenhouse gas activity described in Schedule 1 if the activity is carried out — (a)in accordance with Schedule 1; and	The person granted the authority to carry out the activity.
	(b)in an area of the State other than a non‑permitted area specified in Schedule 1.

(b)delete item 24 and insert:

24	Clearing under a Petroleum Act
	Clearing that is the result of carrying out exploration under an authority under the Petroleum, Geothermal Energy and Greenhouse Gas Storage Act 1967, the Petroleum and Greenhouse Gas Pipelines Act 1969 or the Petroleum and Greenhouse Gas Storage (Submerged Lands) Act 1982.	A person covered by the authority to carry out the exploration.

5.Schedule 1 heading replaced

Delete the heading to Schedule 1 and insert:

Schedule 1 — Low impact or other mineral, petroleum, geothermal or greenhouse gas activities

6.Schedule 1 clause 2 replaced

Delete Schedule 1 clause 2 and insert:

2.Low impact mineral, petroleum, geothermal and greenhouse gas activities

(1)The following activities are low impact mineral, petroleum, geothermal or greenhouse gas activities for the purposes of regulation 5(1) Table item 20, to the extent to which they are carried out under an authority granted under the Mining Act 1978, the Petroleum, Geothermal Energy and Greenhouse Gas Storage Act 1967, the Petroleum and Greenhouse Gas Pipelines Act 1969 or the Petroleum and Greenhouse Gas Storage (Submerged Lands) Act 1982 —

(a)activities involving no ground disturbance and little or no vegetation damage;

(b)driving vehicles or other mechanised equipment through vegetation, that is, not along existing tracks;

(c)raised‑blade clearing for a temporary access track (of no more than 4 m in width) if there is at least 100 m between that access track and any other access track;

(d)a scrape and detect operation if the total area cleared for the purposes of the operation is less than 2 ha at any 1 time (excluding any area that has been rehabilitated in accordance with the requirements imposed by or under the relevant Act);

(e)clearing for camp sites and storage areas, and similar incidental purposes, necessary for the activities referred to in any of the other paragraphs of this subclause if the total area cleared for those purposes is less than 2 ha at any 1 time (excluding any area that has been rehabilitated in accordance with the requirements imposed by or under the relevant Act);

(f)anchoring vessels to the seabed, removing marine growth from offshore pipelines, platforms and other structures, and carrying out seabed surveys;

(g)anchoring drill rigs to the seabed, positioning drill rigs and drilling if the activity is not carried out within a sanctuary, recreation or special purpose area of a marine park referred to in the Conservation and Land Management Act 1984 section 13B(9).

(2)An activity authorised by a licence granted, after this subclause comes into operation, under the Rights in Water and Irrigation Act 1914 section 5C or 26D is a low impact mineral, petroleum, geothermal or greenhouse gas activity for the purposes of regulation 5(1) Table item 20, to the extent to which it is carried out for the purposes of an activity carried out under an authority granted under the Mining Act 1978, the Petroleum, Geothermal Energy and Greenhouse Gas Storage Act 1967, the Petroleum and Greenhouse Gas Pipelines Act 1969 or the Petroleum and Greenhouse Gas Storage (Submerged Lands) Act 1982.

(3)Clearing in an authority area for any purpose, being clearing which does not, together with all other clearing carried out under this subclause in the area in the financial year in which the clearing takes place, exceed 10 ha, is a low impact mineral, petroleum, geothermal or greenhouse gas activity for the purposes of regulation 5(1) Table item 20, to the extent to which it is carried out under an authority granted under the Mining Act 1978, the Petroleum, Geothermal Energy and Greenhouse Gas Storage Act 1967, the Petroleum and Greenhouse Gas Pipelines Act 1969 or the Petroleum and Greenhouse Gas Storage (Submerged Lands) Act 1982.

(4)In subclause (3) —

authority area means the area in which the holder of 1 of the following authorities may carry out the activity or activities authorised by that authority —

(a)a mining tenement as defined in the Mining Act 1978 section 8(1);

(b)a permit, drilling reservation, lease, licence, special prospecting authority or access authority, as those terms are defined in the Petroleum, Geothermal Energy and Greenhouse Gas Storage Act 1967 section 5(1);

(c)a licence as defined in the Petroleum and Greenhouse Gas Pipelines Act 1969 section 4(1);

(d)a permit, lease, licence, pipeline licence, special prospecting authority or access authority, as those terms are defined in the Petroleum and Greenhouse Gas Storage (Submerged Lands) Act 1982 section 4(1), or a consent of the Minister under section 60 of that Act.

Part 3 — Environmental Protection Regulations 1987 amended

7.Regulations amended

This Part amends the Environmental Protection Regulations 1987.

8.Regulation 2AA amended

(1)In regulation 2AA delete the definition of PGER Environment Regulations.

(2)In regulation 2AA insert in alphabetical order:

PGEGGS Environment Regulations means the Petroleum, Geothermal Energy and Greenhouse Gas Storage (Environment) Regulations 2012.

(3)In regulation 2AA in the definition of hydraulic fracturing delete “Petroleum and Geothermal Energy Resources (Hydraulic Fracturing) Regulations 2017” and insert:

Petroleum, Geothermal Energy and Greenhouse Gas Storage (Hydraulic Fracturing) Regulations 2017

(4)In regulation 2AA in the definition of petroleum activity delete “PGER” and insert:

PGEGGS

9.Regulation 2C amended

(1)In regulation 2C(1) in the definition of existing petroleum authority area delete “Petroleum and Geothermal Energy Resources (Hydraulic Fracturing) Regulations 2017” and insert:

Petroleum, Geothermal Energy and Greenhouse Gas Storage (Hydraulic Fracturing) Regulations 2017

(2)In regulation 2C(4)(a):

(a)in subparagraph (i) delete “PGER Environment Regulations” and insert:

PGEGGS Environment Regulations

(b)in subparagraph (ii) delete “PGER Environment Regulations” and insert:

PGEGGS Environment Regulations

10.Regulation 3G replaced

Delete regulation 3G and insert:

3G.Hydraulic fracturing

A decision is a restricted decision if it —

(a)relates to a petroleum activity involving hydraulic fracturing; and

(b)is made under any of the following provisions —

(i)the PGEGGS Environment Regulations regulations 10, 11, 12, 22 or 23;

(ii)the Petroleum, Geothermal Energy and Greenhouse Gas Storage (Resource Management and Administration) Regulations 2015 regulations 13, 16, 21, 44, 47, 51 or 59;

(iii)the Petroleum and Greenhouse Gas Pipelines (Environment) Regulations 2012 regulations 10, 11, 12, 22 or 23;

(iv)the Petroleum and Greenhouse Gas Storage (Submerged Lands) (Environment) Regulations 2012 regulations 10, 11, 12, 22 or 23;

(v)the Petroleum and Greenhouse Gas Storage (Submerged Lands) (Resource Management and Administration) Regulations 2015 regulations 13, 16, 21, 44, 47, 51 or 59.

A. O’SULLIVAN, Clerk of the Executive Council

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.

By Authority: ANDREW JONES, Government Printer