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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Petroleum and Geothermal Energy Safety
Levies Amendment Bill 2012
CONTENTS
1. Short title 2
2. Commencement 2
3. Act amended 2
4. Long title amended 2
5. Section 3 amended 2
6. Part 2 Division 2 heading amended 6
7. Section 8 amended 6
8. Section 9 amended 6
9. Part 2 Divisions 3, 4 and 5 inserted 7
Division 3 -- Facility safety case levy
10A. Facility safety case levy 7
10B. Liability for payment of facility safety case
levy 7
10C. Amount of facility safety case levy 7
Division 4 -- Pipeline management plan levy
10D. Pipeline management plan levy 8
10E. Liability for payment of pipeline
management plan levy 8
10F. Amount of pipeline management plan levy 8
Division 5 -- DSMS levy
10G. DSMS levy 8
10H. Liability for payment of DSMS levy 9
10I. Amount of DSMS levy 9
10. Section 10 amended 9
11. Section 21 amended 9
12. Section 26 amended 10
279--1 page i
Western Australia
LEGISLATIVE ASSEMBLY
Petroleum and Geothermal Energy Safety
Levies Amendment Bill 2012
A Bill for
An Act to amend the Petroleum and Geothermal Energy Safety Levies
Act 2011.
The Parliament of Western Australia enacts as follows:
page 1
Petroleum and Geothermal Energy Safety Levies Amendment Bill 2012
s. 1
1 1. Short title
2 This is the Petroleum and Geothermal Energy Safety Levies
3 Amendment Act 2012.
4 2. Commencement
5 This Act comes into operation as follows --
6 (a) sections 1 and 2 -- on the day on which this Act
7 receives the Royal Assent;
8 (b) the rest of the Act -- on a day fixed by proclamation,
9 and different days may be fixed for different provisions.
10 3. Act amended
11 This Act amends the Petroleum and Geothermal Energy Safety
12 Levies Act 2011.
13 4. Long title amended
14 In the long title delete "operations and pipeline operations,"
15 and insert:
16
17 operations, pipeline operations and offshore petroleum
18 operations,
19
20 5. Section 3 amended
21 (1) In section 3 delete the definitions of:
22 operator
23 PGERA regulations
24 PPA regulations
25 revised safety case
26 safety case
27 safety case in force
28 safety case levy
page 2
Petroleum and Geothermal Energy Safety Levies Amendment Bill 2012
s. 5
1 (2) In section 3 insert in alphabetical order:
2
3 accepted DSMS means a DSMS, as defined in the
4 Petroleum (Submerged Lands) (Diving Safety)
5 Regulations 2007, that --
6 (a) has been accepted by the Minister responsible
7 for the administration of the Petroleum
8 (Submerged Lands) Act 1982; and
9 (b) is current for the purposes of those regulations;
10 diving contractor has the meaning given in the
11 Petroleum (Submerged Lands) (Diving Safety)
12 Regulations 2007;
13 diving safety management system means a DSMS as
14 defined in the Petroleum (Submerged Lands) (Diving
15 Safety) Regulations 2007;
16 DSMS levy means the levy referred to in section 10G;
17 facility has the meaning given in the Petroleum
18 (Submerged Lands) Act 1982 section 4;
19 facility safety case levy means the levy referred to in
20 section 10A;
21 operator --
22 (a) in relation to a petroleum operation or
23 geothermal energy operation, has the same
24 meaning as in the Petroleum and Geothermal
25 Energy Resources Act 1967; or
26 (b) in relation to a facility, has the meaning given
27 in the Petroleum (Submerged Lands) Act 1982
28 Schedule 5 clause 3;
29 PGERA regulations means the Petroleum and
30 Geothermal Energy Resources (Management of Safety)
31 Regulations 2010;
32 pipeline has the meaning given in the Petroleum
33 (Submerged Lands) Act 1982 section 4;
page 3
Petroleum and Geothermal Energy Safety Levies Amendment Bill 2012
s. 5
1 pipeline licensee, in relation to a pipeline, has the
2 meaning given in the Petroleum (Submerged Lands)
3 Act 1982 section 4;
4 pipeline management plan has the same meaning as in
5 the Petroleum (Submerged Lands) (Pipelines)
6 Regulations 2007;
7 pipeline management plan in force, in relation to a
8 pipeline, means a pipeline management plan or a
9 revised pipeline management plan --
10 (a) that has been accepted in relation to the
11 pipeline by the Minister responsible for the
12 administration of the Petroleum (Submerged
13 Lands) Act 1982; and
14 (b) the acceptance of which has not been
15 withdrawn;
16 pipeline management plan levy means the levy
17 referred to in section 10D;
18 pipeline safety case levy means the levy referred to in
19 section 7;
20 PPA regulations means the Petroleum Pipelines
21 (Management of Safety of Pipeline Operations)
22 Regulations 2010;
23 revised pipeline management plan has the same
24 meaning as in the Petroleum (Submerged Lands)
25 (Pipelines) Regulations 2007;
26 revised safety case --
27 (a) in relation to a pipeline operation, has the same
28 meaning as in the PPA regulations; or
29 (b) in relation to a facility, has the same meaning
30 as in the Petroleum (Submerged Lands)
31 (Management of Safety on Offshore Facilities)
32 Regulations 2007;
page 4
Petroleum and Geothermal Energy Safety Levies Amendment Bill 2012
s. 5
1 safety case --
2 (a) in relation to a pipeline operation, has the same
3 meaning as in the PPA regulations; or
4 (b) in relation to a facility, has the same meaning
5 as in the Petroleum (Submerged Lands)
6 (Management of Safety on Offshore Facilities)
7 Regulations 2007;
8 safety case in force --
9 (a) in relation to a pipeline operation, means a
10 safety case or revised safety case --
11 (i) that has been accepted in relation to the
12 operation by the Minister responsible
13 for the administration of the Petroleum
14 Pipelines Act 1969; and
15 (ii) the acceptance of which has not been
16 withdrawn,
17 and includes any condition imposed under the
18 PPA regulations in respect of the operation;
19 or
20 (b) in relation to a facility, means a safety case or
21 revised safety case --
22 (i) that has been accepted in relation to the
23 facility by the Minister responsible for
24 the administration of the Petroleum
25 (Submerged Lands) Act 1982; and
26 (ii) the acceptance of which has not been
27 withdrawn,
28 and includes any condition imposed under the
29 Petroleum (Submerged Lands) (Management of
30 Safety on Offshore Facilities) Regulations 2007
31 in respect of the facility or activities at the
32 facility;
33
page 5
Petroleum and Geothermal Energy Safety Levies Amendment Bill 2012
s. 6
1 (3) In section 3 in the definition of revised safety management
2 system delete "it has".
3 (4) In section 3 in the definition of safety levy delete paragraph (b)
4 and insert:
5
6 (b) the pipeline safety case levy; or
7 (c) the facility safety case levy; or
8 (d) the pipeline management plan levy; or
9 (e) the DSMS levy;
10
11 (5) In section 3 in the definition of safety management system
12 delete "it has".
13 6. Part 2 Division 2 heading amended
14 In the heading to Part 2 Division 2 delete "Safety" and insert:
15
16 Pipeline safety
17
18 7. Section 8 amended
19 In section 8 after "pay the" insert:
20
21 pipeline
22
23 Note: The heading to amended section 8 is to read:
24 Liability for payment of pipeline safety case levy
25 8. Section 9 amended
26 (1) In section 9(1) after "amount of " insert:
27
28 pipeline
29
page 6
Petroleum and Geothermal Energy Safety Levies Amendment Bill 2012
s. 9
1 (2) In section 9(2) after "amounts of " (each occurrence) insert:
2
3 pipeline
4
5 Note: The heading to amended section 9 is to read:
6 Amount of pipeline safety case levy
7 9. Part 2 Divisions 3, 4 and 5 inserted
8 At the end of Part 2 insert:
9
10 Division 3 -- Facility safety case levy
11 10A. Facility safety case levy
12 (1) If, for the whole or a part of a levy period, there is a
13 safety case in force for a facility, a levy is payable in
14 respect of the safety case.
15 (2) The levy is payable in accordance with the regulations.
16 10B. Liability for payment of facility safety case levy
17 The person liable to pay the facility safety case levy in
18 respect of a safety case in force for a facility is the
19 operator of the facility.
20 10C. Amount of facility safety case levy
21 (1) The amount of facility safety case levy payable is the
22 amount that is specified in, or worked out in
23 accordance with, the regulations.
24 (2) The regulations may specify different amounts of
25 facility safety case levy, or different means of working
26 out amounts of facility safety case levy, for different
27 classes of safety case.
page 7
Petroleum and Geothermal Energy Safety Levies Amendment Bill 2012
s. 9
1 Division 4 -- Pipeline management plan levy
2 10D. Pipeline management plan levy
3 (1) If, for the whole or a part of a levy period, there is a
4 pipeline management plan in force for a pipeline, a
5 levy is payable in respect of the pipeline management
6 plan.
7 (2) The levy is payable in accordance with the regulations.
8 10E. Liability for payment of pipeline management plan
9 levy
10 The person liable to pay the pipeline management plan
11 levy in respect of a pipeline management plan in force
12 for a pipeline is the pipeline licensee for the pipeline.
13 10F. Amount of pipeline management plan levy
14 (1) The amount of pipeline management plan levy payable
15 is the amount that is specified in, or worked out in
16 accordance with, the regulations.
17 (2) The regulations may specify different amounts of
18 pipeline management plan levy, or different means of
19 working out amounts of pipeline management plan
20 levy, for different classes of pipeline management plan.
21 Division 5 -- DSMS levy
22 10G. DSMS levy
23 (1) If, for the whole or a part of a levy period, there is an
24 accepted DSMS, a levy is payable in respect of the
25 accepted DSMS.
26 (2) The levy is payable in accordance with the regulations.
page 8
Petroleum and Geothermal Energy Safety Levies Amendment Bill 2012
s. 10
1 10H. Liability for payment of DSMS levy
2 The person liable to pay the DSMS levy in respect of
3 an accepted DSMS is the diving contractor to whom
4 the accepted DSMS relates.
5 10I. Amount of DSMS levy
6 (1) The amount of DSMS levy payable is the amount that
7 is specified in, or worked out in accordance with, the
8 regulations.
9 (2) The regulations may specify different amounts of
10 DSMS levy, or different means of working out
11 amounts of DSMS levy, for different classes of diving
12 safety management system.
13
14 10. Section 10 amended
15 In section 10(2) delete "1967 or the Petroleum Pipelines
16 Act 1969." and insert:
17
18 1967, the Petroleum Pipelines Act 1969 or the Petroleum
19 (Submerged Lands) Act 1982.
20
21 11. Section 21 amended
22 In section 21(3):
23 (a) in paragraph (c) delete "section 4(1)." and insert:
24
25 section 4(1);
26
page 9
Petroleum and Geothermal Energy Safety Levies Amendment Bill 2012
s. 12
1 (b) after paragraph (c) insert:
2
3 (d) each listed OSH law as defined in the
4 Petroleum (Submerged Lands) Act 1982
5 section 4.
6
7 12. Section 26 amended
8 In section 26(2) delete paragraphs (b) and (c) and insert:
9
10 (b) provide for the classification of safety
11 management systems, safety cases, pipeline
12 management plans and diving safety
13 management systems; and
14 (c) without limiting paragraph (b), authorise or
15 require the CEO to determine the classification
16 of a safety management system, safety case,
17 pipeline management plan or diving safety
18 management system for the purposes of
19 assessing the amount of safety levy payable in
20 respect of the safety management system,
21 safety case, pipeline management plan or
22 diving safety management system, as the case
23 requires; and
24
25 Note: The heading to section 7 is to read:
26 Pipeline safety case levy
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