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Legislation and Regulations

A summary of the law applying to occupational health and safety in offshore petroleum operations may be found in the document Offshore OHS Legislative Framework.

NOPSA was legally established by amendments that were made to the Petroleum (Submerged Lands) Act 1967 of the Commonwealth (the PSLA 1967) by the Petroleum (Submerged Lands) Amendment Act 2003. Specifically, Part IIIC was added to the PSLA 1967 to establish NOPSA, set out its governance arrangements, and define its functions in relation to petroleum activities in Commonwealth waters. The Offshore Petroleum Act 2006 (OPA 2006) has replaced the PSLA 1967. A summary of the changes resulting from the introduction of the OPA 2006 is provided separately.

Each State and the Northern Territory has made or will make corresponding amendments to its PSLA 1982, so as to confer equivalent functions on NOPSA in relation to petroleum activities in State and NT coastal waters.

Schedule 3 of the OPA 2006 establishes a modern occupational health and safety regime for petroleum activities at facilities (including pipelines) located in Commonwealth waters. The main features of the regime are:

Duties of Care
Specific categories of persons (operators, employers, etc) who are involved in offshore petroleum activities at facilities are required to "take all reasonably practicable steps" to protect the health and safety of the facility workforce and of any other persons who may be affected
Consultation Provisions
Mechanisms are set out that will enable effective consultation between each facility operator, relevant employers and the workforce regarding occupational health and safety
Powers of inspectors
NOPSA's OHS inspectors are granted powers to enter offshore facilities or other relevant premises, make inspections, interview persons, seize evidence and otherwise take action to ensure compliance by duty holders.

Again, each State and Northern Territory has made or will make corresponding amendments to its PSLA 1982, so as to create an equivalent OHS regime for petroleum activities in State and NT coastal waters.

A current compilation of the Offshore Petroleum Act 2006 is available from the Commonwealth Law website.

Section 140H of the PSLA 1967 defines the laws that NOPSA and its OHS inspectors will administer and enforce in Commonwealth waters. These laws are Schedule 7 of the PSLA 1967, and the following regulations:

Petroleum (Submerged Lands) (Occupational Health and Safety) Regulations 1993
These regulations establish certain legislative processes that are required by Schedule 7. They also establish some prescriptive OHS standards, such as bans on certain hazardous substances, consistent with national agreements.
View on ComLaw
Petroleum (Submerged Lands) (Management of Safety on Offshore Facilities) Regulations 1996
These regulations require there to be a registered "operator" for each offshore petroleum facility, and require each facility to be managed in accordance with a detailed safety case that has been prepared by the operator and accepted by NOPSA.
View on ComLaw
Petroleum (Submerged Lands) (Pipelines) Regulations 2001
These regulations require there to be a registered operator for each licensed pipeline, and require the pipeline to be managed in accordance with a pipeline management plan that has been prepared by the pipeline licensee and accepted by the Designated Authority. These regulations address a range of matters, not just OHS, but NOPSA's involvement is limited to OHS.
View on ComLaw
Petroleum (Submerged Lands) (Diving Safety) Regulations 2002
These regulations require each diving contractor to act in accordance with a diving safety management system that has been accepted by NOPSA, and in accordance with a diving project plan that has been accepted by the relevant facility operator.
View on ComLaw

In the coastal waters of each State and the Northern Territory, equivalent laws to the Commonwealth's Schedule 7 and regulations have been or will be made. The NOPSA administered State and NT laws that have been written are currently as follows:

Western Australia.
Schedule 5 of the PSLA 1982 and four sets of regulations. Each set of regulations corresponds to one set of the Commonwealth regulations listed above.
View Act on WA Website
View OHS Regs on WA Website
View MoSOF Regs on WA Website
View Pipeline Regs on WA Website
View Diving Safety Regs on WA Website
Victoria.
Schedule 7 of the PSLA 1982 and the Petroleum (Submerged Lands) Regulations 2004. The single set of Victorian regulations corresponds to all four sets of Commonwealth regulations, and also addresses other matters.
View Act on Vic Website
View Regs on Vic Website
Northern Territory.
Schedule 4 of the PSLA 1982, and the Petroleum (Submerged Lands) (Application of Commonwealth Laws) Regulations 2004. The NT regulations call up the relevant Commonwealth regulations.
View Act and Regs on NT Website
South Australia.
Schedule 7 of the PSLA 1982 and the Petroleum (Submerged Lands) Regulations 2005. The single set of South Australian regulations corresponds to all four sets of Commonwealth regulations, and also addresses other matters.
View Act on SA Website
View Regs on SA Website

The mirror laws of Tasmania, Queensland and New South Wales are not yet fully in place.

The Offshore Petroleum (Safety Levies) Act 2003 of the Commonwealth establishes the cost recovery regime through which NOPSA is funded. The Offshore Petroleum (Safety Levies) Regulations 2004 set out the methods of calculating the levies, and the procedures for payments. The levies under this Commonwealth legislation relate to State and Northern Territory waters, as well as to Commonwealth waters. There is no equivalent State or NT legislation.

For details of other relevant legislation, go to the following web sites:

This page was last updated on 8 June 2009.

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