Information for Industry
DISCLAIMER: This information is intended to provide general guidance to the industry as to the approach that NOPSA takes in carrying out its regulatory functions under powers conferred by the Commonwealth Offshore Petroleum and Greenhouse Gas Storage Act 2006, the Petroleum (Submerged Lands) Act 1982 relevant to each State and of the Northern Territory and Regulations under those Acts. The contents of this website should not be relied on as advice on the law, nor treated as a substitute for legal advice in any relevant situation.
Sections
Introduction to the OHS Regime
Management of Occupational Health
Introduction to the OHS regime
A series of leaflets provide short summaries of important aspects of the regulation of offshore health and safety in Australian waters. They include:
- Q and A: What Is Validation?
- Q and A: Prescription and Standards
- Q and A: Understanding Duty of Care
- Q and A: Understanding NOPSA and How it Operates
- Q and A: What is a Safety Case ?
- Q and A: What is a Facility ?
- Q and A: Understanding the Role of HSRs
- Q and A: What are Planned Inspections ?
- Q and A: Issue of Provisional Improvement Notices
- Q and A: Improvement and Prohibition Notices
- Q and A: Notifying and Reporting Accidents and Dangerous Occurrences
The OHS regime for offshore petroleum operations is set out by Schedule 3 to the Offshore Petroleum and Greenhouse Gas Storage Act 2006 and its associated regulations for Commonwealth waters. Similar provisions apply in designated coastal waters where States and the Northern Territory have made legislation that mirrors Commonwealth legislation. In general, references to regulatory requirements in the material provided below are in relation to Commonwealth legislation.
The general OHS duty that relates to the operator of a facility is the requirement that the operator must take all reasonably practicable steps to ensure that a facility and its activities are safe and without risk to health. Schedule 3 also imposes duties on a range of other parties including employers, manufacturers and members of the workforce. Part 3 of Schedule 3 deals with workplace arrangements, including provisions related to health and safety representatives (HSRs).
New entrants to the regime need to be aware of a range of key process steps including operator registration, agreement of a scope of validation and so on which are shown in the document "Key Process Steps in the Regime".
Related documents:
N-09000-GL0326 - Glossary - Regulatory Operations
Offshore OHS Legislative Framework
Key Process Steps in the Regime
topManagement of Occupational Health
Offshore operations must address a range of matters affecting occupational health. Guidance on Occupational Health Obligations is provided for operators.
Operator Nomination and Registration
For Commonwealth waters, under the Offshore Petroleum (Safety) Regulations 2009 (OPS), a facility must have a registered operator. A facility includes a licensed pipeline. Similar operator nomination, registration and deregistration provisions apply in coastal waters where States/NT have made legislation that mirrors Commonwealth legislation.
Nominations can be submitted to NOPSA via the following methods:
| By Courier | Information Officer NOPSA Level 15 100 St Georges Terrace Perth WA 6000 |
| By Post | Information Officer NOPSA GPO Box 2568 PERTH WA 6001 |
| By Email | submissions[at]nopsa.gov.au |
There is further information on the nomination of operators
Related documents:
Form - Facility Operator Nomination
Form - Pipeline Operator Nomination
Guideline - Criteria for Registration and Deregistration
Worksheet for Analysis of Operator Status
Guideline - Replacement of a Registered Operator for a Facility or Pipeline
Form - Removal of Existing Operator and Replacement Registration (Facility)
Form - Removal of Existing Operator and Replacement Registration (Pipeline)
Activities and Facilities
NOPSA’s functions include promotion of occupational health and safety of persons engaged in offshore petroleum operations. These operations are: diving operations or operations at a facility. Certain vessels or structures are defined as facilities. Licensed pipelines are also facilities. The categories of activities that cause relevant vessels or structures to be defined as facilities are:
- recovery, processing, storage and offloading of petroleum, or any combination of these activities;
- provision of accommodation for persons at another facility, whether or not connected by walkway;
- drilling or servicing a petroleum well, or doing any work associated with drilling or servicing;
- laying of pipes for petroleum, including any manufacturing of such pipes, or doing work on existing pipes;
- erection, dismantling or decommissioning of a vessel or structure of any of the above types; and
- any other activity related to offshore petroleum that is prescribed.
The facility definition includes a facility being constructed or installed and an associated offshore place (that being an offshore place near the facility where activities relating to the facility occur).
For detailed facility definitions see the legislation.
Vessels in the Offshore Petroleum OHS Regime - guidelines removed
NOPSA has received legal advice that its Guidance Notes which excluded certain vessels from being treated as facilities under the Offshore Petroleum Act 2006 did not correctly interpret the existing legislation.
These particular Guidance Notes have now been removed from the NOPSA website and NOPSA advises that Operators of vessels working in the offshore petroleum industry must obtain their own advice as to whether their vessels fall under the category of 'facilities' or 'associated offshore places'
The NOPSA Guidance Notes were intended to offer some assistance in determining which vessels fell under particular categories according to the legislation. Vessels which are determined to be 'facilities' do not fall under the marine OHS regime but under the offshore petroleum OHS regime. The requirements of the petroleum regime include having a registered operator, submitting a safety case and paying the safety case levy.
NOPSA is concerned about the difficulties of interpreting this aspect of the legislation and is working closely with the Department of Resources, Energy and Tourism to change the Offshore Petroleum (Safety) Regulations 2009 (OPS) to specifically exclude vessels performing certain tasks from being 'facilities'. NOPSA proposes that where there is such an exclusion, the vessels would not automatically become 'associated offshore places'. Offtake tankers, anchor handlers and supply vessels are already excluded from being 'facilities' and from being 'associated offshore places'.
Related documents:
Workshop Presentation - Impact on Offshore Construction and Pipelay
Workshop Presentation - Operator of a Facility
Workshop Presentation - Operator Identification Examples
N-01000-GL0253 - Facility Definition
The Safety Case Requirement
A facility cannot be constructed, installed, operated, modified or decommissioned without a safety case in force for that stage in the life of the facility. The operator of a facility must submit the safety case to NOPSA with a covering letter stating that it is being submitted for assessment. Since it is the operator that must submit the safety case, registration of the operator must be completed prior to safety case submission.
The Offshore Petroleum (Safety) Regulations 2009 (OPS) set out the requirements for the contents of safety cases.
The Offshore Petroleum (Safety) Regulations 2009, state that NOPSA may, by notice in writing, require the operator of a proposed facility or an existing facility, to provide a validation in respect of the proposed facility or in respect of a proposed significant change to an existing facility.
In order to deliver a consistent approach to validation of proposed facilities or to significant change to existing facilities, NOPSA has recently reviewed and reinforced its internal processes to ensure that an administrative process is in place that is accurately aligned with the requirements of the legislation. NOPSA has developed a policy on Validation and there is further information available.
Once a validation is requested by NOPSA, an operator may not submit the safety case for a facility before the operator and NOPSA have agreed on the scope of validation for the proposed facility or proposed significant change to an existing facility.
In general, the regulations impose safety case assessment time frames on NOPSA. NOPSA has 90 days in which to complete the assessment of a new safety case, and 30 days for a revised safety case. In all cases NOPSA may extend the assessment period by setting out an alternate timetable for assessment.
If the initially submitted safety case is not acceptable, NOPSA will notify the operator and seek clarification. NOPSA must accept or reject the safety case as set out in legislation.
Further information on the Safety Case Approach is available, including background to the use of Safety Cases.
Validation
Further information on the Validation requirement is available for operators.
Pipelines
In Commonwealth waters, the Offshore Petroleum (Safety) Regulations 2009 require that a safety case for a pipeline be submitted to NOPSA for assessment. A scope of validation for the pipeline must be agreed with NOPSA prior to submission of the safety case. It should be noted that a Pipeline Management Plan (PMP) must also be submitted by the licensee to the relevant Designated Authority under the Commonwealth Petroleum (Submerged Lands)(Pipelines) Regulations 2001.
In Designated Coastal Waters, the regulations under the respective WA, Victorian, Tasmanian and Northern Territory Petroleum (Submerged Lands) Acts, require that a PMP be submitted by the licensee to the relevant Minister. Agreement on a scope of validation with the Minister is required prior to submission of the PMP. The Minister must give a copy of the PMP to NOPSA in order to assess the safety aspects of the plan.
Related documents:
Guideline - Pipeline Regulations (Currently Under Review)
Guideline - Determination of Revisions to a PSMP as Major or Minor (Currently Under Review)
These publications are currently under review to address the significant change in arrangements as a result of amendments to the Commonwealth Petroleum (Submerged Lands) (Pipeline) Regulations , introduction of the Offshore Petroleum (Safety) Regulations 2009 and amendments to the Offshore Petroleum (Safety Levies) Regulations a summary of which can be found here.
Diving
A set of Diving Guidelines offer relevant advice and covers all diving operations in connection with offshore petroleum installations, exploration and pipeline works.
Planned Inspection
For information on planned inspections conducted by NOPSA's OHS inspectors please visit the Inspections page.
Accidents and Dangerous Occurrences
Find information on reporting and investigation of incidents on the Accidents and Dangerous Occurrences page.
Related documents:
Hydrocarbon Release Report Form
Historical Hydrocarbon Release Reporting Form
Compliance and Enforcement
OHS inspectors are guided by NOPSA policy when choosing appropriate action(s) to obtain a responsible party's compliance with the legislation. Enforcement action is taken if, in the opinion of the OHS inspector, it is warranted to address immediate threats to health or safety, or breaches of the legislation. NOPSA has developed the Enforcement Management Model (EMM) to assist OHS inspectors in taking into consideration the range of issues in forming their opinion.
Related documents:
N-05000-GL0069 - OHS Inspector Enforcement Decision Appeals
N-05000-GL0071 - Amending the Period of Notices
N-05000-GL0517 - Completion of a Provisional Improvement Notice
N-05000-PL0067 - Compliance and Enforcement
N-05000-SOP0147 - Enforcement Management Model
Appeals
There are certain rights of appeal for enforcement action taken by an OHS inspector. These rights of appeal relate to an OHS inspector’s decision to:
- issue an improvement notice;
- decide that the operator of a facility has not taken adequate action to remove the threat to health or safety that caused a prohibition notice to be issued;
- issue a direction not to disturb; or
- issue a notice to take possession (removal or plant of sample).
Appeals can also be made when an OHS inspector makes a decision in relation to a disputed provisional improvement notice (PIN) issued by a Health and Safety Representative. A Guideline on Enforcement Decision Appeals has been prepared to give an overview of the process.
Appeals are made to the Australian Industrial Relations Commission (AIRC) and must normally be lodged within 14 days of the OHS inspector’s decision. The AIRC has two main functions relative to the Offshore Petroleum Act 2006 (OPA) and the relevant State and Territory equivalents:
- To rule on any disagreements that arise during consultations to form or vary designated work groups (ref: Clause 23 of Schedule 3 to the OPGGSA); and
- To hear any appeal against an OHS inspector’s decision (ref: Clause 81 of Schedule 3 to the OPGGSA).
The AIRC has published rules that set out how it deals with each type of matter that may be referred to it. The AIRC's rules and associated forms can be found on the AIRC website.
Related documents:
N-05000-GL0069 - OHS Inspector Enforcement Decision Appeals
Granting Exemptions
NOPSA may grant certain exemptions from the requirements of the Schedule 3 to the Offshore Petroleum and Greenhouse Gas Storage Act 2006 (OPGGSA) and some of the regulations. For details of the areas in which NOPSA, as the Safety Authority, may grant exemptions see the Exemptions Policy.
Related documents:
Safety Levies
The then Petroleum (Submerged Lands) Amendment Act 2003 amended the Petroleum (Submerged Lands) Act 1967, creating NOPSA and providing that NOPSA be funded through industry levies. The equivalent provisions can be found in Part 6.9 of the Offshore Petroleum and Greenhouse Gas Act 2006. The Offshore Petroleum (Safety Levies) Act 2003 imposes the levies and its Regulations prescribe how the levies are worked out and when they are due and payable. The levies include:
- safety investigation levy, to be imposed on the operator of a facility in relation to the investigation, by NOPSA, of an accident or dangerous occurrence at that facility, above a set threshold;
- safety case levy, an annual levy to be imposed in relation to a facility; and
- pipeline safety management plan levy, an annual levy to be imposed in relation to the pipeline safety management plan that is in force in relation to a pipeline.
Additional guidance on safety case levies is available below. The levies and remittal flowcharts provide an overview of the decision making for levies and remittals. There is a standard form for notifying NOPSA of the number of days a mobile facility is not being operated as a facility in Safety Authority waters.
The Offshore Petroleum (Safety Levies) Regulations were amended on 21 September 2006. These amendments improve the coverage of the levies for operators of mobile facilities and introduce a new basis for calculating the Pipeline Safety Management Plan Levy based on the complexity of the pipeline rather than a 'notional length'.
For detailed information on the OPGGSA Safety Levies Act 2003 see OHS Legislation and Regulations.
Related documents:
N-11000-GL0238 - Safety Case and PSMP Levies
Policies and Guidelines
Indexes of our policies and guidelines are provided to help you locate reference documents of interest.
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