home / about NOPSA
search
vision, mission, objectives
history of NOPSA
corporate
cost recovery
media
feedback
contacts
national programmes
projects
legislation & regulations
for operators
reporting incidents
safety cases
inspections
diving
occ health
alerts
policies
guidelines
forms
presentations
for HSR's
key performance indicators
continuous improvement
employment
NOPSA Board
memoranda of understanding
privacy, copyright, disclaimer, technology
CEO's Newsletter
links

Offshore Petroleum Act 2006

The Offshore Petroleum Act 2006 (OPA 2006) has replaced the Commonwealth Petroleum (Submerged Lands) Act 1967 (PSLA 1967). The OPA replicates the provisions of the PSLA 1967, but sets out the provisions in 'plain English' and in a more modern drafting style. The parts of the PSLA 1967 related directly to NOPSA have been replicated in the OPA 2006 as follows:

  • The OHS laws applying to offshore petroleum activities, previously defined through sections 9, 11, 11A, 11B, 140H and 140I of the PSLA 1967, are defined through Parts 1.4 and 4.7 of the OPA 2006.
  • Part IIIC of the PSLA 1967, which established NOPSA and defined its governance arrangements, has been replicated in Part 4.8 of the OPA 2006.
  • Schedule 7 of the PSLA 1967, which established the duty of care regime, workplace consultation arrangements and the powers of OHS inspectors, has been replicated in Schedule 3 of the OPA 2006.

There are some OHS policy changes between Schedule 7 of the PSLA 1967 and Schedule 3 of the OPA 2006, as follows, that NOPSA wishes to draw to stakeholders attention:

  • As well as making clear that the duties set out in clause 9(2), 10(2) and 11(2) are subsidiary to the general duties set out in clauses 9(1), 10(1) and 11(1), the (2) duties are now clearly conditioned by the concept of 'reasonably practicable'.
  • OHS inspectors have been granted specific powers in relation to 'offence-related searches and seizures' (Part 4, Division 3, Subdivision B) in addition to their previous powers, which are now entitled 'general powers of entry and search' (Part 4, Division 3, Subdivision A).
  • Failure to notify and report accidents and dangerous occurrences (clause 82) now attracts a penalty.

The only other change is an addition to the laws that are administered and enforced by NOPSA. Specifically, section 348 of the OPA 2006 assigns NOPSA a role in relation to section 321 'Interfering with offshore petroleum installations or operations'.

Other than necessary changes in references to the Commonwealth Act, there are no changes to the regulations under the PSLA 1967, which continue to apply under the OPA 2006, no changes to the Petroleum (Submerged Lands) Act 1982 of each State or Territory relevant to occupational health and safety, and no changes to the Offshore Petroleum (Safety Levies) Act 2004 or its regulations.

Transitional provisions within the OPA 2006 will ensure that actions taken under the PSLA 1967 continue to have effect under the OPA 2006.

The OPA 2006 is available at www.comlaw.gov.au.