Petroleum and Greenhouse Gas Storage (Submerged Lands) Act 1982
Petroleum and Greenhouse Gas Storage (Submerged Lands) (Pipelines) Regulations 2022
Western Australia
Petroleum and Greenhouse Gas Storage (Submerged Lands) (Pipelines) Regulations 2022
Contents
Part 1 — Preliminary
1.Citation1
2.Commencement1
3.Application of these regulations1
3A.Additives to petroleum2
Part 2 — Consent to construct and operate pipelines
Division 1 — Consent to construct
4.Consent to construct pipeline3
5.Application for consent to construct3
6.Deciding application for consent to construct3
7.Notice of route followed by pipeline4
Division 2 — Consent to operate
8.Consent to operate pipeline4
9.Application for consent to operate5
10.Deciding application for consent to operate5
Division 2A — Pipeline performance report
10A.Terms used6
10B.Requirement to provide annual pipeline performance report6
10C.Reports may be combined7
10D.Pipeline performance report for part of year7
10E.Existing pipeline licence8
10F.Terminated pipeline licence8
Part 3 — Miscellaneous
11.Contact details must be kept up to date9
12.Minister may decline to consider application in absence of certain information9
Part 4 — Transitional provisions for Work Health and Safety Act 2020
Division 1 — Preliminary
13.Term used: commencement day10
Division 2 — Consent to construct pipeline
14.Consent to construct pipeline in force before commencement day10
15.Application for consent to construct lodged before commencement day10
Division 3 — Consent to operate pipeline
16.Consent to operate pipeline in force before commencement day11
17.Application for consent to operate lodged before commencement day11
Notes
Compilation table12
Defined terms
Petroleum and Greenhouse Gas Storage (Submerged Lands) Act 1982
Petroleum and Greenhouse Gas Storage (Submerged Lands) (Pipelines) Regulations 2022
[Regulation 1 amended: SL 2026/82 r. 95.]
These regulations come into operation as follows —
(a)Part 1 — on the day on which these regulations are published in the Gazette;
(b)the rest of the regulations — on the day on which the Work Health and Safety Act 2020 Part 15 comes into operation.
3.Application of these regulations
These regulations apply to a pipeline —
(a)that is subject to a pipeline licence; or
(b)that —
(i)is under construction, or is proposed to be constructed or operated; and
(ii)when constructed or operating, will be a pipeline subject to a pipeline licence.
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.
[Regulation 3A inserted: SL 2026/82 r. 96.]
Part 2 — Consent to construct and operate pipelines
Division 1 — Consent to construct
4.Consent to construct pipeline
A person must not, in the adjacent area, engage in an activity relating to the construction of a pipeline unless —
(a)the Minister has granted a consent to construct the pipeline; and
(b)the consent provides for the activity.
Penalty: a fine of $5 500.
5.Application for consent to construct
(1)An application for a consent to construct a pipeline must be lodged in writing with the Minister.
(2)An application may relate to all or some of the activities relating to the construction of the pipeline.
(3)The application must include —
(a)the name of the applicant; and
(b)an address of the applicant; and
(c)an email address for the applicant.
(4)The application must be accompanied by other relevant information that the Minister may require on reasonable grounds.
6.Deciding application for consent to construct
(1)Within 28 days after an application for a consent to construct a pipeline is lodged, the Minister must decide whether to grant the consent.
(2)A failure by the Minister to comply with subregulation (1) in relation to an application does not of itself invalidate a decision by the Minister to grant or to refuse to grant the consent.
(3)The Minister may grant a consent to construct in relation to all or some of the activities relating to the construction of the pipeline.
(4)If the Minister decides to grant the consent, the Minister must, as soon as practicable, give the applicant the consent in writing.
(5)If the Minister decides not to grant the consent in relation to all or some of the activities relating to the construction of the pipeline, the Minister must, as soon as practicable, give the applicant, in writing —
(a)advice that the consent has not been granted for those activities; and
(b)a statement of the reasons for the decision.
7.Notice of route followed by pipeline
As soon as practicable after the construction of a pipeline is completed, but in any case within 3 months after a consent to operate is granted for the pipeline, the pipeline licensee must —
(a)inform the Minister, in writing, of the exact route followed by the pipeline; and
(b)inform the Australian Hydrographic Office, in writing, of the exact route followed by the pipeline.
Penalty: a fine of $4 400.
Division 2 — Consent to operate
A pipeline licensee must not operate a pipeline unless the Minister has granted a consent to operate the pipeline.
Penalty: a fine of $5 500.
9.Application for consent to operate
(1)An application for a consent to operate a pipeline must be lodged in writing with the Minister.
(2)The application must include —
(a)the name of the applicant; and
(b)an address of the applicant; and
(c)an email address for the applicant.
(3)The application must be accompanied by —
(a)information showing that the pipeline licensee is maintaining insurance in compliance with section 97A of the Act; and
(b)other relevant information that the Minister may require on reasonable grounds.
10.Deciding application for consent to operate
(1)Within 7 days after an application for a consent to operate a pipeline is lodged, the Minister must decide whether to grant the consent.
(2)A failure by the Minister to comply with subregulation (1) in relation to an application does not of itself invalidate a decision by the Minister to grant or to refuse to grant the consent.
(3)The Minister must grant the consent if there are reasonable grounds for believing that the pipeline licensee is maintaining insurance in accordance with section 97A of the Act.
(4)If the Minister decides to grant the consent, the Minister must, as soon as practicable, give the applicant the consent in writing.
(5)If the Minister decides not to grant the consent, the Minister must, as soon as practicable, give the applicant, in writing —
(a)advice that the consent has not been granted; and
(b)a statement of the reasons for the decision.
Division 2A — Pipeline performance report
[Heading inserted: SL 2026/82 r. 97.]
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.
[Regulation 10A inserted: SL 2026/82 r. 97.]
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.
[Regulation 10B inserted: SL 2026/82 r. 97.]
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.
[Regulation 10C inserted: SL 2026/82 r. 97.]
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 10D inserted: SL 2026/82 r. 97.]
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.
[Regulation 10E inserted: SL 2026/82 r. 97.]
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.
[Regulation 10F inserted: SL 2026/82 r. 97.]
11.Contact details must be kept up to date
(1)A pipeline licensee who has applied under regulation 5(1) for a consent to construct a pipeline must ensure that the Minister has at all times the licensee’s current address for communications on matters relating to the pipeline.
Penalty for this subregulation: a fine of $3 300.
(2)It is a defence to a charge under subregulation (1) to prove that the pipeline licensee had a reasonable excuse.
12.Minister may decline to consider application in absence of certain information
(1)The Minister may decline to consider any application made by a pipeline licensee under these regulations until the pipeline licensee complies with regulation 11(1) in respect of an application under regulation 5(1) relating to the pipeline.
(2)The Minister may decline to consider an application under regulation 5(1) until the pipeline licensee provides the information mentioned in regulation 5(3) and (4) in relation to the application.
(3)The Minister may decline to consider an application under regulation 9(1) until the pipeline licensee provides the information mentioned in regulation 9(2) and (3) in relation to the application.
(4)Subregulations (2) and (3) do not apply if the information has been given in accordance with any other provision of the Act or an application under it or any other law.
Part 4 — Transitional provisions for Work Health and Safety Act 2020
13.Term used: commencement day
In this Part —
commencement day means the day on which the Work Health and Safety Act 2020 Part 15 comes into operation.
Division 2 — Consent to construct pipeline
14.Consent to construct pipeline in force before commencement day
A consent to construct a pipeline that was in force under the Petroleum (Submerged Lands) (Pipelines) Regulations 2007 regulation 12(1) immediately before commencement day is, on and from commencement day, taken to be —
(a)a consent to construct the pipeline under regulation 6(1); and
(b)in force on the same terms that applied immediately before commencement day.
15.Application for consent to construct lodged before commencement day
If an application for a consent to construct a pipeline was lodged with the Minister under the Petroleum (Submerged Lands) (Pipelines) Regulations 2007 regulation 11(1) before commencement day but the application had not been decided before that day, the application is taken, on and from commencement day, to have been lodged under regulation 5(1).
Division 3 — Consent to operate pipeline
16.Consent to operate pipeline in force before commencement day
A consent to operate a pipeline that was in force under the Petroleum (Submerged Lands) (Pipelines) Regulations 2007 regulation 18(1) immediately before commencement day is, on and from commencement day, taken to be —
(a)a consent to operate the pipeline under regulation 10(1); and
(b)in force on the same terms that applied immediately before commencement day.
17.Application for consent to operate lodged before commencement day
If an application for a consent to operate a pipeline was lodged with the Minister under the Petroleum (Submerged Lands) (Pipelines) Regulations 2007 regulation 17(1) before commencement day but the application had not been decided before that day, the application is, on and from commencement day, taken to have been lodged under regulation 9(1).
This is a compilation of the Petroleum and Greenhouse Gas Storage (Submerged Lands) (Pipelines) Regulations 2022 and includes amendments made by other written laws. For provisions that have come into operation see the compilation table.
|
Citation |
Published |
Commencement |
|
Petroleum (Submerged Lands) (Pipelines) Regulations 2022 1 |
SL 2022/28 11 Mar 2022 |
Pt. 1: 11 Mar 2022 (see r. 2(a)); |
|
Mines and Petroleum Regulations Amendment Regulations 2026 Pt. 11 |
SL 2026/82 27 May 2026 |
28 May 2026 (see r. 2(b) and SL 2026/70 cl. 2) |
1Now known as the Petroleum and Greenhouse Gas Storage (Submerged Lands) (Pipelines) Regulations 2022; citation changed (see note under r. 1).
[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]
Defined termProvision(s)
annual pipeline performance report10B(1)
commencement day10A, 13
existing pipeline licence10A
reporting period10B(3)
terminated pipeline licence10A
transitional period10A
© 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