GUIDELINES FOR PIPELINE LICENSING AND APPROVALS IN …energymining.sa.gov.au/__data/assets/pdf_file/0007/259081/pipeline... · 4 GUIDELINES FOR PIPELINE LICENSING AND APPROVALS IN

GUIDELINES FOR PIPELINE LICENSING AND APPROVALS IN SOUTH AUSTRALIAPetroleum Act 2000

Petroleum and Geothermal Group Minerals and Energy Resources Primary Industries and Resources South Australia Level 6, 101 Grenfell Street, Adelaide GPO Box 1671, Adelaide SA 5001

Phone National (08) 8463 3204 International +61 8 8463 3204

Fax National (08) 8463 3229 International +61 8 8463 3229

Email [email protected]

Website www.petroleum.pir.sa.gov.au

© Government of South Australia 2006 This work is copyright. Apart from any use as permitted under the Copyright Act 1968 (Cwlth), no part may be reproduced by any process without prior written permission from the Government of South Australia available through Primary Industries and Resources South Australia. Requests and inquiries concerning reproduction and rights should be addressed to the Director, Petroleum and Geothermal Group, PIRSA, GPO Box 1671, Adelaide SA 5001.

Disclaimer These guidelines are intended to provide a basic outline of the pipeline licensing and approvals process in South Australia, as contained in the Petroleum Act 2000 and the Petroleum Regulations 2000, for use by prospective licensees as a guide only. PIRSA makes no representation as to the accuracy of these guidelines and recommends that they be read in conjunction with the requirements prescribed by the Act and the Regulations.

Preferred way to cite this publication Petroleum and Geothermal Group, 2006. Guidelines for pipeline licensing and approvals in South Australia. March 2006 revision. South Australia. Department of Primary Industries and Resources. Report Book, 2005/5.

Petroleum Act PIRSA has proposed a number of amendments to the Petroleum Act. These amendments have undergone a preliminary stakeholder consultation process, and will be subject to further consultation in 2006.

Updates It is planned to update these guidelines in-line with Petroleum Act amendments. Visit the PIRSA website at www.pir.sa.gov.au/petrol/plguidelines for the latest edition.

Dedicated to the memory of John Girle, the instigator of these guidelines.

Some photographs are courtesy of Epic Energy Pty Ltd and South East Australia Gas Pty Ltd.

Compiled by Belinda Close, PIRSA Petroleum and Geothermal Group.

Edited and designed by PIRSA Publishing Services.

202317

mailto:[email protected]

http://www.petroleum.pir.sa.gov.au

http://www.pir.sa.gov.au/petrol/plguidelines

http://www.pir.sa.gov.au/petrol/petact

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Petroleum Act 2000GUIDELINES FOR PIPELINE LICENSING AND APPROVALS IN SOUTH AUSTRALIA

SHORTENED FORMS ............................................................................................................................................3

INTRODUCTION ....................................................................................................................................................4

PART 11 OVERVIEW OF PIPELINE LICENSING AND APPROVALS PROCESS ......................................................5 1.1 Petroleum Act ................................................................................................................................................5 1.2 Process overview ...........................................................................................................................................5 1.3 Key milestones and time frames ...................................................................................................................5 1.4 Other government agencies ...........................................................................................................................7 1.5 Australian Standard AS 2885 ........................................................................................................................7

PART 22 DETAILED PIPELINE LICENSING AND APPROVALS PROCESS ..............................................................8 2.1 Environmental documents .............................................................................................................................8 2.1.1 Environmental impact report .............................................................................................................9 2.1.2 Statement of environmental objectives ..............................................................................................9 2.2Environmentalsignificanceassessment ........................................................................................................9 2.2.1 Consultation by the proponent .........................................................................................................11 2.2.2 Consultation by PIRSA ....................................................................................................................11 2.3 Preliminary survey licence ..........................................................................................................................12 2.3.1 Applying for a preliminary survey licence .......................................................................................13 2.4 Pipeline licence ...........................................................................................................................................13 2.4.1 Applying for a pipeline licence ........................................................................................................13 2.5 Associated facilities licence ........................................................................................................................14 2.5.1 Applying for an associated facilities licence ....................................................................................14 2.6 Statement of environmental objectives and licence approval .....................................................................15

3 LAND ACCESS ................................................................................................................................................16 3.1 Notice of entry .............................................................................................................................................16 3.2 Easement negotiation ..................................................................................................................................17 3.3 Compulsory acquisition of land ..................................................................................................................17 3.4 Landowner compensation ...........................................................................................................................17 3.5 Landowner rights to require acquisition of land .........................................................................................17

4 NATIVE TITLE ................................................................................................................................................20 4.1 Native title assessments ...............................................................................................................................20 4.2 Native Title Act — Section 24KA process ..................................................................................................20 4.3 Granting of easements by the state ..............................................................................................................20

5 ACTIVITY NOTIFICATION AND APPROVAL .............................................................................................21 5.1 Approval to conduct pipeline preliminary survey activities ........................................................................21 5.2 Approval to construct a pipeline..................................................................................................................21 5.3 Approval to commission and operate a pipeline .........................................................................................22

Contents

2 GUIDELINES FOR PIPELINE LICENSING AND APPROVALS IN SOUTH AUSTRALIAPetroleum Act 2000

6 OTHER RELEVANT LEGISLATION .............................................................................................................23

7 FEES .................................................................................................................................................................24

8 REPORTING REQUIREMENTS .....................................................................................................................25 8.1 Annual report ...............................................................................................................................................25 8.2 Emergency response drill report..................................................................................................................25 8.3 Fitness for purpose report ............................................................................................................................25 8.4 Incident reports ............................................................................................................................................26 8.5 Extension of time limits ..............................................................................................................................26

9 ENVIRONMENTAL REGISTER .....................................................................................................................27

10 DELEGATED AUTHORITY UNDER THE PETROLEUM ACT ..................................................................28

11 PETROLEUM AND GEOTHERMAL GROUP CONTACTS .........................................................................29

APPENDIX: CHECKLISTS AND PRO-FORMAS ..............................................................................................30 A1 Environmental impact report checklist ....................................................................................................... 31 A2Pro-formaenvironmentalsignificanceassessment ..................................................................................... 33 A3 Preliminary survey licence application checklist ....................................................................................... 34 A4 Pipeline licence application checklist ......................................................................................................... 35 A5 Notice of entry on land checklist ................................................................................................................ 36 A6 Operator assessment factors checklist ........................................................................................................ 37 A7Activitynotificationchecklist .................................................................................................................... 39 A8 Annual report checklist ............................................................................................................................... 41 A9 Emergency response drill report checklist ................................................................................................. 44 A10 Fitness for purpose report checklist.......................................................................................................... 46 A11 Serious incident report checklist .............................................................................................................. 49 A12 Reportable incident report checklist ......................................................................................................... 51

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Shortened formsAFL associated facilities licence

AS Australian Standard

ALARP as low as reasonably practicable

APIA Australian Pipeline Industry Association

CEMP construction environmental management plan

DEH Department for Environment and Heritage

DWLBC Department of Water, Land and Biodiversity Conservation

EIR environmental impact report

EIS environmental impact statement

EPA Environment Protection Authority

HAZOP hazard and operability study

MCMPR Ministerial Council on Mineral and Petroleum Resources

Minister Minister for Mineral Resources Development

PIRSA Primary Industries and Resources South Australia

PL pipeline licence

PSL preliminary survey licence

SAOP safety and operating plan

SEO statement of environmental objectives


This document details the licensing and approvals process required under the Petroleum Act 2000 for the construction and operation of transmission pipelines in South Australia. It covers:

• the licensing process and associated timelines• consultation requirements• easement acquisition provisions• native title issues• relationships with other legislation• reporting requirements during pipeline construction and operation.

The document is broken into two parts:

Part 1 Provides an overview of the key milestones that must be achieved in order to obtain all the approvals necessary to construct and operate a pipeline, including indicative time frames.

Part 2 Provides a detailed explanation of each element of the licensing and approvals process including:

• application requirements • time frames for each stage of the process • guidance for landowner liaison and land acquisition procedures • information on native title issues • details regarding the relationship of the Petroleum Act with other Acts and agencies • reporting requirements • application and licence fee information • checklists used by Primary Industries and Resources South Australia (PIRSA) to review licence

applications and reports submitted by proponents and licensees.

Introduction


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1.1 Petroleum ActIn South Australia, the construction and operation of transmission pipelines and associated facilities are regulated by the Petroleum Act 2000 and Petroleum Regulations 2000, under the jurisdiction of PIRSA. The Petroleum and Geothermal Group is part of Minerals and Energy Resources within PIRSA, under the portfolio for the Minister for Mineral Resources Development (the Minister). The Engineering Operations (Petroleum and Geothermal) Branch of the Petroleum and Geothermal Group, herein referred to as PIRSA, coordinates the pipeline licensing and approvals process.

In this document, relevant Parts, Sections and Regulations of the Petroleum Act are provided as subheadings where appropriate (e.g. Part 12, Section 97, Regulation 10).

1.2 Process overviewThe pipeline licensing and approvals process is illustrated in Figure 1.

1.3 Key milestones and time frames

PIRSAhasdefinedtimelinesinplacetoensurethepipeline licensing and approvals process is carried out in an expeditious manner, and at the same time allows forsufficientstakeholderconsultation(Table 1). However, there are a number of milestones in the process that are entirely in the hands of the proponent.

Most preliminary survey activities fall within the scope of the state-wide statement of environmental objectives (SEO) developed by PIRSA as detailed in section 2.3.1 of this document. If proposed activities are not covered by the state-wide SEO, a project specificenvironmentalimpactreport(EIR)andSEO will need to be developed by the proponent.

In this case it may take up to three months for PIRSA to approve the SEO and issue the preliminary survey licence (PSL). Since the state-wide SEO covers typical preliminary survey activities, this is unlikely for most pipeline projects.

If the proposed licence area (PSL or pipeline licence (PL)) traverses a regional reserve, national park or conservation park, PIRSA must consult with the Department for Environment and Heritage (DEH). The consultation period is 15 days, and formal approval from the Minister for Environment and Conservation is required before the licence can be granted. If consultation with DEH is required, it could take PIRSA up to four weeks to issue the PSL. For a PL, consultation with DEH occurs concurrently with the SEO consultation process.

For the situation where the area of a proposed PSL traverses a regional reserve, conservation or national park, but access to the reserve or park is not required, the application should formally state that the reserve or park should be excluded from the licence area. This prohibits access to the reserve or park, and therefore eliminates the requirement to consult with DEH. The PSL can then be granted in a shorter time frame.

Although dependent on the size of the project, it is not uncommon for preparation of the PL application by the licensee to take approximately four months. Subsequent processing of the application by PIRSA is notexpectedtoexceedfivemonths.NotethatthePLcannot be granted before the end of the required 30-day PL application gazettal period.

One of PIRSA’s main aims in the licensing and approvals process is to ‘keep off the critical path’. Whether this is achieved is largely dependent on the proponent, and is readily managed through early and open communication between the proponent and PIRSA.

PART 1

1 Overview of pipeline licensing and approvals process



Figure 1 Overview of the pipeline licensing and approvals process

Approval to construct pipeline

PL application (including EIR and draft SEO)

Grant of PSL and approval to conduct preliminary survey activities

Preliminary survey licence (PSL) application

Grant of PL and approval of SEO

Approval to commission and operate pipeline

Proponent prepares pipeline licence (PL) application, requiring: • stakeholder consultation• an environmental impact report (EIR)• a draft statement of environmental objectives (SEO).

PIRSA organises: • publishing of PL application in the South Australian

Government Gazette• SEO consultation.

Licensee: • prepares pipeline design• conducts AS 2885 risk assessment• develops construction environment management plan (CEMP)• completes AS 2885 approvals register for construction.

Licensee: • constructs pipeline• completes post construction AS 2885 risk assessment• develops safety and operating plan (SAOP)• completes AS 2885 approvals register for commissioning

and operation• conducts an emergency response exercise.

Ongoing reporting by licensee, including: • annual reports• fitness for purpose reports• emergency drill reports• incident reports.

Proponent demonstrates it has: • appropriate management systems in place• sufficient resources available.

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1.4 Other government agenciesThe proponent may have additional obligations under other legislation with which it must comply. A list of potentially relevant acts is provided in section 6 of this document. Also listed are statutory bodies that may need to be consulted with during the consultation process.

In certain circumstances, the Minister is required to consult with the Minister for Urban Development and Planning prior to granting a PL. PIRSA has an administrative arrangement with Planning SA1 to managethisprocessinamannerthatsatisfiestherequirements of both the Development Act 1993 and the Petroleum Act.

PIRSA also has administrative arrangements with DEH and the Environment Protection Authority (EPA). This ensures that, as far as possible, agencies with potentially overlapping regulatory responsibilities are fully informed of developments,

and are involved in consultation by PIRSA during the licensing and approvals process.

Copies of administrative arrangements with relevant government agencies can be sourced from the PIRSA website at www.pir.sa.gov.au/petrol/arrangements.

1.5 Australian Standard AS 2885

Regulation 29The design, manufacture, construction, operation, maintenanceandtestingofpipelinesandflowlinesin South Australia must be carried out in accordance with the relevant requirements of Australian Standard AS 2885 — Pipelines - Gas and Liquid Petroleum.

Table 1 Pipeline licensing and approvals time frames and responsibilities — low and medium environmental significance projects

Task Time frame Responsibility

Preparation and submission of PSL application Determined by proponent Proponent

Consultation with DEH (if proposed licence area traverses a regional reserve, conservation park or national park)

3 weeks PIRSA

If proposed survey activities are not covered by the state-wide EIR and SEO (this is unlikely): Review and approval of new EIR and SEO (including environmental significance assessment and SEO consultation process)

Up to 3 months

PIRSA

Grant of PSL 1–2 weeks PIRSA

Preparation and submission of PL application (including EIR and draft SEO for construction and operation)

Determined by proponent Proponent

PL application published in South Australian Government Gazette For 30 days (concurrent with PIRSA’s review of PL application)

PIRSA

Environmental significance assessment (including consultation with government agencies)

2–4 weeks PIRSA

SEO consultation process 5–7 weeks PIRSA

If the licence area falls within a Schedule 20 area under the Development Act, consideration by Planning SA

4 weeks PIRSA

Review of comments submitted during SEO consultation process Determined by proponent Proponent

Final review and approval of SEO (for pipeline construction and operation)

2–3 weeks PIRSA

Grant of PL 1–2 weeks PIRSA

1 Planning SA, formerly part of the Department for Transport and Urban Planning, became a business group of PIRSA on 1 July 2005.

http://www.pir.sa.gov.au/petrol/arrangements


There are three aspects to the approvals process under the Petroleum Act:

• licence approval — grants the licensee rights to land to carry out regulated activities governed by the licence

• SEO approval — requires environmental objectives and appropriate measurement criteria to be set for the proposed regulated activities

• activity approval — must be obtained prior to undertaking the proposed regulated activities, based on a demonstration that the licensee has the capabilities and resources necessary to meet the objectives and requirements of the Petroleum Act.

Under the Petroleum Act, regulated activities include:

• pipeline preliminary survey activities• construction of a transmission pipeline for

carrying petroleum or another regulated substance2

• operation of a transmission pipeline for carrying petroleum or another regulated substance.

For the construction and operation of a transmission pipeline, two licences are required under the Petroleum Act:

• PSL — for preliminary survey work, to assist the preparation of a PL application

• PL — for the construction and operation of a transmission pipeline.

Before any regulated activities can be undertaken within a licence area, the licensee must develop the following documents:

• EIR• SEO, based on information provided in the EIR.

The SEO approval process occurs concurrently with licence approval, and includes stakeholder consultation by PIRSA on the EIR and draft SEO as required. Once the SEO has been approved and gazetted by the Minister it becomes a set of project-specificregulationswithwhichthelicenseemustcomply. With an approved SEO in place, activity approval is required before any regulated activities can be carried out within the licence area. Activity approval is based on a demonstration by the licensee that it has the capabilities and resources necessary to meet the objectives and requirements of the Petroleum Act and the SEO. For further information on the activity approval process refer to section 5 of this document.

Figure 2 illustrates the pipeline licensing and approvals process in South Australia, from the time of PL application to the granting of approval to commission and operate the pipeline.

2.1 Environmental documentsPart 12Before any regulated activities can be undertaken within a licence area, the proponent must prepare an EIR and SEO. These documents can apply to either the whole of the state, or to a particular area within the state. Once an SEO is approved for a particular operation in a particular area it can be used by all licensees, provided the objectives cover all proposed activities. If proposed activities are not covered by an existing approved SEO, or if areas of particular environmental interest to be traversed are not covered, the licensee will be required to develop a new EIR and SEO for approval by the Minister.

For pipeline preliminary survey activities within a PSL, a state-wide EIR and SEO have been developed by PIRSA, in consultation with key stakeholders,

PART 2

2 Detailed pipeline licensing and approvals process

2 Regulated substance refers to petroleum, hydrogen sulphide, nitrogen, helium, carbon dioxide or any substance declared by regulation to be a substance to which this Act applies.


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covering typical preliminary survey activities. These documents are discussed in detail in section 2.3.1 of this document. For pipeline construction and operation within a PL, the licensee will generally be requiredtodevelopaproject-specificSEO.

2.1.1 Environmental impact report

Section 97, Regulation 10An EIR must take into account:

• cultural, amenity and other values of Aboriginal and other Australians, insofar as those values are relevant to the assessment

• the risks inherent in the regulated activities to the health and safety of the public.

This requires the licensee to identify and analyse:

• potential hazards associated with the proposed activities

• potential consequences of the activities on the environment

• frequency of typical and atypical events• actions to be taken to manage potential

consequences• landowner and stakeholder issues and concerns.

The EIR is developed on the basis of stakeholder consultation by the proponent, as detailed in section 2.2.1ofthisdocument.Itmustcontainsufficientinformation to allow an informed assessment by all stakeholders of the likely impact of the proposed activities on the environment. Where possible, typical photos of proposed activities should be included intheEIR.SpecificrequirementsfortheEIRareprovided in Appendix A1.

2.1.2 Statement of environmental objectives

Sections 99 and 100, Regulations 12–14An SEO is developed by the licensee through an open, consultative process based on information contained in the EIR. Once approved and gazetted by the Minister, an SEO becomes a legal document with which a licensee is legally bound to comply. An SEO mustbereviewedeveryfiveyears,howeverthereareprovisions in place to allow review of the document at any stage if required.

An SEO for a regulated activity must state the environmental objectives to be achieved in carryingoutthespecifiedactivities,aswellasthemeasurement criteria used to assess whether the objectives have been achieved by the licensee. An SEO must also include conditions and requirements for achieving the stated objectives, such as incident reporting requirements.

An SEO must include objectives that relate to:

• construction activities• operational activities• emergency response and management• rehabilitation in cases involving a serious or

reportable incident under Section 85 of the Petroleum Act

• decommissioning, abandonment and rehabilitation

• dealing with the consequences of events associated with the relevant activities on the various aspects of the environment.

2.2 Environmental significance assessment

Section 98The EIR and draft SEO submitted with the licence application are assessed by PIRSA, and based on this assessment the Minister will classify the level of environmentalsignificanceoftheproposedactivities.Thepurposeofthisclassificationistodeterminethelevel of consultation required by PIRSA on the draft SEO, as discussed in section 2.2.2 of this document.

Anenvironmentalsignificanceassessmentinvolves the use of published criteria to assess the predictability and manageability of potential events associated with the proposed activity on the natural, social and economic environment. These potentialeventsarethenclassifiedaseitheroflow, medium or high environmental significance. As illustrated in Table 2, if there is a high level of certainty in predicting the potential adverse consequences of an event, and a high degree to which the potential consequences can be avoided or mitigated, the event will be considered to be of lowenvironmentalsignificance.Ontheotherhand,if there is a low level of certainty in predicting the potential adverse consequences of an event, and if the


Figure 2 Pipeline licensing and approvals process

Proponent amends EIR and draft SEO as required(Note: significant amendments may result in a repeat of the consultation process).

Grant of PL and approval of SEO

Approval to construct pipelineRequires:• compliance with AS 2885 — risk assessment, approvals register, CEMP• activity notification (Regulation 19) and approval (Regulation 16).

Approval to commission and operate pipelineRequires:• compliance with AS 2885 — risk assessment, approvals register, SAOP• completed emergency response exercise• activity notification (Regulation 19) and approval (Regulation 16).

Internal government consultation by PIRSA on draft SEO with:

• DEH• DWLBC• EPA• Planning SA, if activity is in an

area listed in Schedule 20 of the Development Regulations 1993.

Comment within 20 business days

Public consultation by PIRSA on draft SEO with:

• DEH• DWLBC• Planning SA• EPA• statutory authorities• local councils• key stakeholders• public (through newspaper

advertisements).

Consultation for a minimum of 30 business days

If environmental significance is considered to be high enough, assessment under the Development Act by Planning SA, requiring:

• development of an environmental impact statement (EIS) by the proponent

• public consultation on the EIS for a period of 30 business days.

Timing largely dependent on proponent, but typically no less than 7 months

Consultation by PIRSA with DEH where the proposed PL area enters a regional reserve, conservation park or national park (15 days, approval required).

PL application (including EIR and draft SEO)

Environmental significance assessment

LOW ENVIRONMENTAL SIGNIFICANCE

Consultation by PIRSA on level of environmental significance with:• DEH• EPA.Comment within 10 business days

MEDIUM ENVIRONMENTAL SIGNIFICANCE

Consultation by PIRSA on level of environmental significance with:• Planning SA.


HIGH ENVIRONMENTAL SIGNIFICANCE

Consultation by PIRSA on level of environmental significance with:• Planning SA.


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Table 2 Matrix for determining the level of environmental significance of an event

Manageability criterionScores 1 2 3 4 5

Pred

icta

bilit

y cr

iterio

n

1 L L L M H2 L L L M H3 L M M H H4 L M M H H5 L M M H H

L = low, M = medium, H = high; 1 represents a high level of certainty, 5 represents a low level of certainty.

potential consequences cannot easily be avoided or mitigated, the event will be considered to be of high environmentalsignificance.

Thelevelofenvironmentalsignificancethathasbeenassigned to each individual potential event is then used to determine whether the proposed activity is of low, medium or high environmental impact.

Details of the assessment criteria used by PIRSA to completeanenvironmentalsignificanceassessmentare available on the PIRSA website at www.pir.sa.gov.au/petrol/seo.

It is recommended that the licensee conduct their ownenvironmentalsignificanceassessmentusingPIRSA’s criteria prior to submission of the EIR. This willassisttheidentificationofshortcomingsinthedocument, and as a result may expedite the approval process through PIRSA. A pro-forma environmental significanceassessment,asusedbyPIRSAforthe assessment of pipeline projects, is provided in Appendix A2. An electronic version of this pro-forma can be sourced from the PIRSA website at www.pir.sa.gov.au/petrol/seo.

2.2.1 Consultation by the proponentThe licensee must consult with all relevant stakeholders throughout the development of the EIR and draft SEO. This is a critical factor in determining the level of environmental impact of a proposed project. Consultation by the proponent must include:

• government agencies• landowners and land occupiers• registered native title claimants • relevant Aboriginal groups• councils• non-governmental organisations• community groups and other interested parties• the community at large.

PIRSA encourages the use of the Ministerial Council on Mineral and Petroleum Resources (MCMPR) endorsed document entitled Principles for engagement with communities and stakeholders. This document sets out the key principles for effective liaison between the resources sector, the community and stakeholders. A copy of the document is available on the PIRSA website at www.pir.sa.gov.au/petrol/envreg in the Consultation section, as well as on

the Australian Government Department of Tourism, Industry and Resources website at www.industry.gov.au. Hard copies of the document can be sourced from PIRSA (refer to section 11 of this document for a list of contacts).

Where the proponent cannot demonstrate that adequate consultation has been undertaken with all stakeholders,theprojectmaybeclassifiedthroughtheenvironmentalsignificanceprocessashighenvironmental impact. The project will then be subject to the environmental impact statement (EIS) process under the Development Act. This process is potentially time consuming, as discussed in section 2.2.2 of this document.

2.2.2 Consultation by PIRSA

Sections 101–103, Regulation 12(4)In addition to consultation carried out by the proponent, PIRSA is required to carry out consultation during the SEO approval process. This consultation seeks comment from relevant stakeholders on the EIR and draft SEO. The level of consultation carried out by PIRSA is dependent on the level of environmental impact achieved by theenvironmentalsignificanceassessment(referto section 2.2 of this document for details on this assessment). The outcome of PIRSA’s environmental significanceassessmentisreviewedbyrelevantgovernment agencies, as detailed below.

PIRSA embraces the above-mentioned Principles for engagement with communities and stakeholders during this consultation process.

http://www.pir.sa.gov.au/petrol/seo


http://www.industry.gov.au

http://www.pir.sa.gov.au/petrol/envreg


Low environmental impact activities require internal government consultation only. Agreement is soughtontheenvironmentalsignificanceassessmentcompleted by PIRSA from:

• DEH• EPA.

Comments on the draft SEO are also invited from:

• DEH• Department of Water, Land and Biodiversity

Conservation (DWLBC)• EPA.

If the proposed activities are within a part of the state described in Schedule 20 of the Development Regulations, PIRSA must consult on the draft SEO with Planning SA.

Government consultation periods are determined through administrative arrangements between PIRSAandthespecificgovernmentagency.Forlow environmental impact activities, agreement ontheclassifiedlevelofenvironmentalimpactisgenerally required within 10 business days, while comments on the draft SEO are typically required within 20 business days. Copies of the administrative arrangements are available on the PIRSA website at www.pir.sa.gov.au/petrol/arrangements.

Low environmental impact activities are typically routine activities conducted using established practices, in an area where the impacts of the activities are well known and manageable. Activities relating to pipeline preliminary survey work are in most cases considered to be of low environmental impact.

Medium environmental impact activities require public consultation for a minimum of 30 business days. Prior to this public consultation, agreement is sought from Planning SA on the environmental significanceassessmentcompletedbyPIRSA.

The public consultation process involves publishing an advertisement in relevant state and local newspapers providing details of the proposed project to the community. PIRSA will also endeavour toprovidenotificationtoalldirectlyaffectedlandholders and key stakeholders, and ensure copies of the EIR and draft SEO are available for public viewing (on the PIRSA website and at local counciloffices).Inaccordancewithadministrative

arrangements, consultation by PIRSA on the draft SEO for a medium environmental impact activity must involve :

• DEH• DWLBC• EPA • Planning SA.

If the proposed activities are within a part of the state described in Schedule 20 of the Development Regulations, PIRSA must consult on the draft SEO with Planning SA. This is independent of the public consultation process.

It is expected that most pipeline projects will be assessed as medium environmental impact, as each pipeline route affects a separate set of stakeholders who must be consulted. Pipeline construction through a populated area may attract greater scrutiny as a result of its location.

High environmental impact activities are referred to the Minister for Urban Development and Planning for consideration under Part 8 of the Development Act. This involves the preparation of an EIS by the proponent, which will be subject to a public exhibition period of at least 30 business days. The total time required for the assessment of a project under the Development Act is largely dependent on the proponent, but is typically no less than seven months.

2.3 Preliminary survey licenceSections 14 and 15A PSL gives the licensee the legal right to gain access to land, to mark routes, and to undertake geotechnical and environmental surveys. This enables the licensee to determine the most appropriate route for the proposed pipeline, and assists the preparation of the EIR and draft SEO for pipeline construction. For information on gaining access to land to carry out survey activities within a PSL area, refer to section 3 of this document.

A PSL is a non-exclusive licence issued over a corridor,definedbyadistanceeithersideofthepreliminary centreline of the proposed route. A PSL isgrantedforoneyear,renewableforuptofiveconsecutive years.

http://www.pir.sa.gov.au/petrol/arrangements

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2.3.1 Applying for a preliminary survey licence

Section 65, Regulations 4 and 5AnapplicationforaPSLmustcontainspecificinformation, as detailed in Appendix A3 of this document.

PIRSA, in consultation with key stakeholders, has developed the following environmental documents for pipeline preliminary survey work in South Australia:• Environmental impact report for preliminary

survey activities in South Australia (October 2001; state-wide EIR)

• Statement of environmental objectives for pipeline preliminary survey activities in South Australia (October 2001; state-wide SEO).

Copies of these documents can be downloaded from the PIRSA website at www.pir.sa.gov.au/petrol/seo in the Pipeline Preliminary Survey Work Activity Reports section, or sourced from PIRSA (refer to section 11 of this document for a list of contacts).

The state-wide EIR and SEO cover a range of activities, including:

• ecological survey• heritage survey• geotechnical survey• land and cadastral survey work.

A proponent carrying out activities covered by the state-wide SEO is required to provide a list of all landowners and land occupiers within the licence area with their licence application.

Iftheproposedactivitiesdonotfitwithinthescopeofthestate-wideSEOandaprojectspecificEIRandSEO are required, it could take up to three months for the new SEO to be approved and the PSL issued (dependent on the potential impact of the proposed activities on the environment). Since the state-wide SEO covers typical preliminary survey activities, this is unlikely for most pipeline projects.

If the proposed survey activities are covered by the state-wide SEO and do not traverse a regional reserve, national park or conservation park, it should take PIRSA approximately 1–2 weeks to issue the PSL.

If the proposed PSL area traverses a regional reserve, national park or conservation park, PIRSA must consult with DEH in accordance with the administrative arrangement. The consultation period is 15 days and formal approval from the Minister for Environment and Conservation is required before the PSL can be granted. In this case it should take PIRSA 3–4 weeks to issue the PSL.

For the situation where the area of a proposed PSL traverses a regional reserve, conservation park or national park, but access to the reserve or park is not required, the application should formally state that the reserve or park be excluded from the licence area. This prohibits access to the reserve or park, and therefore eliminates the requirement to consult with DEH. The PSL can then be granted in a shorter time frame.

As detailed in section 4.1 of this document, a list of all crown land parcels likely to be affected by the preliminary survey activities should be included with the PSL application. This will allow the review of potential native title requirements early in the process.

2.4 Pipeline licenceSections 46 and 47A PL gives the licensee rights to construct a transmissionpipelinewithinadefinedcorridorofland, and also rights to operate the pipeline. For information on gaining access to land to obtain a pipeline easement, refer to section 3 of this document.

The term of a PL is 21 years, with the opportunity to renew the licence for a further term as approved by the Minister. Any variations to the pipeline that are not covered by the PL document must be applied for through a variation to the licence conditions. A PL variation is treated in the same way as a new PL application.

2.4.1 Applying for a pipeline licenceSection 65, Regulations 4 and 9AnapplicationforaPLmustincludespecificinformation, as detailed in Appendix A4 of this document. In most cases a majority of the required information will be contained in the EIR, to which the licensee can refer in their application. When an application for a PL is received by PIRSA, notice of



the application is published in the South Australian Government Gazette. This notice must be published for at least 30 days before the licence can be granted.

If the proposed PL area traverses a regional reserve, national park or conservation park, PIRSA must consult with DEH in accordance with the administrative arrangement. The consultation period is 15 days, and formal approval from the Minister for Environment and Conservation is required before the licence can be granted. For a PL, consultation with DEH occurs concurrently with the SEO approval process.

Section 75 of the Development Act requires that, if the proposed activities fall within a part of the state described in Schedule 20 of the Development Regulations, PIRSA must refer the PL application to Planning SA. Copies of any submissions received during PIRSA’s SEO consultation process must be supplied with the referral. As part of the Planning SA review process, the project is referred to the Extractive Industries Committee, and the committee provides recommendations to the Minister for Urban Development and Planning. Formal approval from the Minister for Urban Development and Planning is required before the licence can be granted.

For pipeline construction and operation a project specificSEOisusuallyrequiredforeachindividualpipeline. Preparation of the PL application by the proponent is dependent on the length of the proposed pipeline, the pipeline route and the associated environmental issues. Past projects have shown that preparation of a PL application by the proponent can potentially take up to four months. For projects assessed as being of medium environmental impact, past projects have shown that the time taken to issue aPLisoftheorderoffivemonthsfromthedateoflicence application. Although it is possible to grant the licence before approval of the SEO (provided this is not within the 30-day PL application gazettal period), the licence will usually be offered at the same time as the SEO is approved.

As discussed in section 4.1 of this document, if not already supplied, a list of all crown land parcels likely to be affected by the pipeline should be included with the PL application. This will allow the review of potential native title requirements early in the process.

2.5 Associated facilities licencePart 9An associated facilities licence (AFL) may be granted to the holder of an exploration, production or retention licence (primary licence) in the Cooper Basin, in order to construct a pipeline from the primary licence area to associated facilities on land outside the primary licence area. An AFL grants the licensee rights of access to, and use of land, for a specifiedareaoutsidetheprimarylicencearea.

An AFL is an adjunct to the primary licence, subject to the same terms and conditions and granted for the same period of time. If the AFL is in the form of a corridor with a width of 50 m or less (e.g. for a pipeline) there is no restriction to the licence area.

An AFL may be granted in respect of an area comprised within the area of another licence. For this to occur, the Minister must consider the effect of the operations to be carried out under the AFL on the operations conducted under the existing licence. The Minister must also consider the operational and technicalrequirementsforthesafe,efficientandreliable conduct of operations under both licences. In this situation, the rights conferred by an AFL prevail over rights conferred by the other licence in respect of the same area. The holder of the other licence is entitled to compensation for diminution of the rights conferred by their licence.

2.5.1 Applying for an associated facilities licence

Section 65, Regulations 4 and 9Applying for an AFL for the construction and operation of a pipeline in the Cooper Basin requires the same licensing process as applying for a PL (refer to section 2.4.1 of this document for details). However, for an AFL the licensee does not need to acquire an easement for the pipeline land.

The Cooper Basin is covered by existing native title agreements, and as a result the proponent will not need to negotiate access with native title parties under the Commonwealth Native Title Act 1993 before the AFL can be granted. However, following grant of the licence, the licensee will still be required to negotiate access to land for the purpose of constructing and operating the pipeline via the existing native title agreements and Part 10 of the Petroleum Act. Details regarding the existing native

15


title agreements are available on the PIRSA website at www.petroleum.pir.sa.gov.au in the Access to Land section.

In most cases it will be possible for the proponent to demonstrate that the proposed activities within the AFL will be covered by the existing SEO for the primary licence. This can be discussed with PIRSA during the project planning stage.

2.6 Statement of environmental objectives and licence approval

Sections 101–103After the appropriate consultation on the EIR and draft SEO has been undertaken by PIRSA, the Minister may approve the SEO, or request that the document be revised to address issues raised during the consultation process. This will require the proponent to either revise and resubmit the SEO, or submit an addendum to the document. If major changes are made to the SEO the consultation process may need to be repeated. Once all issues have been covered as required, the Minister will approve the SEO and the licence will be granted.

http://www.petroleum.pir.sa.gov.au


Part 10

Access to land is required by the licensee for the purpose of undertaking regulated activities under the Petroleum Act. For a pipeline project, access to land is required in two separate stages, for:• pipeline preliminary survey activities• pipeline construction and operation.

For preliminary survey activities within a PSL, access to land is by notice of entry in accordance with Part 10 of the Petroleum Act. For pipeline construction and operation within a PL, access to land is generally via a negotiated easement. However, if easementagreementsarenotfinalisedintimeforthescheduled commencement of construction, a licensee may choose to seek access to land for pipeline construction by notice of entry.

UnderthePetroleumAct,alandownerisdefinedasaperson who:• holds a registered estate or interest in the land• holds native title over the land• has, by statute, the care, control or management

of the land• is lawfully in occupation of the land.

3.1 Notice of entrySection 61, Regulation 22

The licensee must provide written notice to the landowner of the required land at least 21 days before entering the land to undertake regulated activities. Thisnoticemustprovidesufficientinformation,asdetailed in Appendix A5 of this document, to allow the landowner to make an informed decision about the potential impacts of the proposed activity on their land. For recent projects, licensees have provided landowners with an information booklet with the

notice of entry, detailing the proposed activities. An example information booklet is available on the PIRSA website at www.pir.sa.gov.au/petrol/plguidelines.

Once notice of entry has been provided by a licensee foraspecificparcelofland,anoticeofre-entryisnot required by that licensee, unless the activities to becarriedoutdiffersignificantlyfromtheactivitiesdescribed in the original notice.

A landowner (with the exception of a lessee under a pastoral lease) may object to the licensee’s proposed entry, by providing a notice of objection within 14 days of receiving the licensee’s notice of entry. In this case, the licensee must notify the Minister of the objection. Provided the licensee has attempted to mediate the situation, the Minister may act to mediate between the parties to arrive at a mutual entry to land agreement. If the Minister decides against mediating the dispute, or if attempts to resolve the dispute fail, both the licensee and landowner are entitled to apply to the Warden’s Court for a resolution of the dispute.

It is PIRSA’s policy to advise all PSL and PL holders to provide the notice of entry procedural rights, described in Part 10 of the Petroleum Act, to the relevant native title interests. Where there is:

• A determination of native title — then notice, the right to object and other procedures applicable to freeholders must be provided to the determined holders.

• No determination of native title, but there is a registered claim in relation to the area — then the registered claimants and the Aboriginal Legal Rights Movement Inc. (as representative body) must be provided notice, and the registered claimants must also be provided the right

3 Land access


17


to object and other procedures applicable to freeholders.

• No determination of native title, and no registered claimants for the area — then the Aboriginal Legal Rights Movement Inc. (as representative body) must be provided with notice and an opportunity to comment.

3.2 Easement negotiationSection 50

As soon as practicable after the grant of a PL, the licensee must proceed to acquire the easements necessary for construction and operation of the proposed pipeline. This process usually begins informally by the proponent prior to grant of the PL.

The Australian Pipeline Industry Association (APIA) and the Victorian Farmers’ Federation have developed guidelines to outline how pipeline companies should behave towards rural landowners affected by pipeline projects. Although these guidelines have been produced for the Victorian legislation, PIRSA encourages their application when dealing with the rural community within South Australia. These guidelines can be downloaded from the APIA website at www.apia.net.au/issues/approvals.html.

3.3 Compulsory acquisition of land

Section 52

If the licensee fails to acquire easements across private land by agreement after making reasonable attempts to do so, then the licensee may apply to the Minister for the authority to proceed to acquire the land compulsorily under the Land Acquisition Act 1969. Table 3 summarises this process, and provides time frames for each task.

3.4 Landowner compensationSection 63

A landowner is entitled to compensation from a licensee who enters their land for the purpose of carrying out regulated activities. Compensation is determined by agreement, or where agreement cannot be reached between the relevant parties,

by the relevant court. Under the Petroleum Act, compensation must take into account:

• deprivation or impairment of the use and enjoyment of the land

• damage to the land (not including damage rehabilitated by the licensee)

• damage to, or disturbance of, any business or other activity lawfully conducted on the land

• consequential loss.

When assessing compensation, any other compensation already received, or entitled to by the landowner, must be taken into account. Compensation cannot be related to the value or possible value of resources contained in the land.

3.5 Landowner rights to require acquisition of land

Section 64If the activities proposed by the licensee are going to substantially impede the owner’s use and enjoyment of their land, the landowner may apply to the relevant court for an order under Section 64 of the Petroleum Act. Following this application the court may:

• make an order transferring ownership of the owner’s land to the licensee

• order the licensee to pay the owner by way of compensation:

- an amount equivalent to the market value of the land

- a further amount of just compensation for disturbance.

http://www.apia.net.au/issues/approvals.html


Table 3 Compulsory land acquisition time frames and responsibilities


Application for authority to proceed to acquire easements through the Land Acquisition Act

— Licensee

Grant of authority to proceed to acquire easements

— The Minister

‘Notice of intention to acquire the land’ issued to persons with an interest in the land to be acquired

— Licensee

Where land to be acquired has been brought under the provisions of the Real Property Act 1886 — ‘Notice of intention to acquire land’ served upon the Registrar

— Licensee

Claimant* has the right to request an explanation of the reasons for the acquisition of land, along with details of the compulsory acquisition process

Within 30 days of receiving ‘Notice of intention to acquire the land’

Claimant

Claimant has the right to request that the licensee either not proceed with acquisition, or alter the boundaries of the land to be acquired†

30 days after the ‘Notice of intention to acquire the land’ is given, or 30 days after a requested explanation is provided

Claimant

Acceptance or refusal of claimant request Within 14 days of receipt of request from claimant

Licensee

Claimant has the right to request that the Minister review the decision if not satisfied with the response from the licensee

Within 7 days of receipt of the response from the licensee (or a longer period if approved by the Minister)

Claimant

Review of licensee’s decision where requested by the claimant

Within 14 days of receipt of the request

The Minister

Acquisition of the easement by agreement or by the publication of a ‘Notice of acquisition’ in the South Australian Government Gazette. The notice must also be published in the newspaper and given to persons with an interest in the land to be acquired‡

Acquisition by notice only after a minimum period of 3 months and before 18 months from issue of the ‘Notice of intention to acquire the land’, or a longer period as fixed by the parties or the Land and Valuation Court

Licensee

Copy of ‘Notice of acquisition’ to be served on the Registrar

— Licensee

Agreement if the claimant does not agree to the terms of entry offered by the licensee

Up to 3 months Licensee and claimant

Application for a resolution in Land and Valuation Court, if no agreement is reached after 3 months

— Licensee

cont.

19


* For the purposes of the table, ‘Claimant’ means a person who has, or asserts, a claim to compensation under the Land Acquisition Act.† In the case where the landowner requests that the licensee either not proceed with acquisition, or alter the boundaries of the land to be acquired, this objection should be made on the grounds that the land is not necessarily for the pipeline, or would:• seriously impair an area of scenic beauty• interfere with Aboriginal or European settlement heritage• destroy a site of scientific interest• prejudice the conservation of flora or fauna that should be conserved in the public interest• any other reason they may wish to state.

‡ This does not give the licensee the right to build the pipeline for at least another 3 months, if the landowner does not agree to the terms of entry offered by the licensee.


Temporary entry rights may be exercised during this time, following the issue of a notice of entry

7 days prior to entry onto land Licensee

Offer of compensation made to the claimant, at the time of easement acquisition; the licensee must negotiate in good faith about the amount of compensation payable for the acquisition of the land

— Licensee

Payment of the offer into the Land and Valuation Court

Within 7 days following offer Licensee

If agreement about the amount of compensation is agreed between the parties, copy of agreement filed in the Land and Valuation Court

— Licensee

Application to the Land and Valuation Court for a resolution, if an agreement on compensation is not reached

At any time after offer of compensation is made

Licensee or claimant

The Land and Valuation Court may make any order necessary to resolve the question including any order for compensation that the court finds to be justified having regard to the relevant circumstances and the principles of compensation set out in Section 25 of the Land Acquisition Act

Dependent on the complexity of the matter

Licensee and claimant

cont.


Native title refers to the rights and interests of Aboriginal and Torres Strait Islander peoples to land and waters. Native title rights may exist over land or waters required for a pipeline easement. To grant an easement over crown land for the purpose of a PL, two processes are required:

• native title assessment• application for an easement.

4.1 Native title assessmentsDetails of all crown land parcels likely to be affected by the pipeline must be provided to PIRSA as early as possible during the licence application process. An assessment of whether native title may still exist over the parcels of land in the area will then be undertaken and provided to DEH’s Crown Lands.

It is recommended that consultation regarding native title be undertaken early during the project planning stage, to avoid any delays at the easement acquisition stage.

4.2 Native Title Act — Section 24KA process

Where native title is not extinguished, the Native Title Act will need to be complied with before an easement can be granted. The Act provides for the recognition and protection of native title, and sets out procedural requirements and compensation entitlements where a future activity may affect native title.

Under the Native Title Act, a future act generally refers to an activity, occurring after 1 January 1994, that affects native title. Section 24KA of the Act applies to future activities that involve the construction, operation, use, maintenance or repair of

a gas transmission or distribution facility, that is to be operated, or is operated, for the general public.

Under Section 24KA, notices of the proposed easement are provided to determined native title holders, registered native title claimants and the representative body for the area. Comments from these groups must be made within two months of receiving this notice.

4.3 Granting of easements by the state

Once the period for comments has expired, and matters relating to native title rights have been considered, the state may grant an easement over the relevant parcels of crown land.

Where an easement for a PL is granted over a parcel of land where native title may still exist, it is state government policy to require the proponent to indemnify the state for any compensation payments made for the affect the pipeline has on native title rights and interests. In the event that a situation arises where compensation is payable, the proponent will be given the opportunity to comment on the effect their pipeline has had on the lands.

4 Native title

21


Section 74, Regulations 16 and 18–20

With the licence in place and the SEO approved, the licensee must obtain activity approval prior to undertaking any regulated activities, including:

• pipeline preliminary survey activities• pipeline construction• pipeline operation• pipeline decommissioning and abandonment.

Activity approval is based on a set of operator assessment factors that address a number of licensee capabilities. This includes an assessment of the systems and procedures the licensee has in place, their work practices, and the resources available to the licensee for the purpose of achieving compliance with the Petroleum Act and the licence. Where possible, the licensee will be required to demonstrate past performance in achieving regulatory objectives and requirements. A detailed list of the operator assessment factors is provided in Appendix A6.

The operator assessment process is the basis for determining the level of supervision a licensee requires to undertake the proposed activities. A licenseeclassifiedbytheMinisterasrequiringhigh-level supervision (e.g. a new licensee) must submitanactivitynotificationtoPIRSAatleast35days prior to the proposed commencement date of activities, with formal approval from the Minister required.AlicenseeclassifiedbytheMinisterasrequiring low-level supervision must submit an activitynotificationtotheMinisteratleast21daysbefore the proposed commencement of activities, however formal approval is not required. As well as providing information against the operator assessmentfactors,anactivitynotificationmustinclude information as detailed in Appendix A7.

In general, all licensees applying for approval to constructapipelinewillbeclassifiedasrequiringhigh-level supervision. However, a licensee applying for approval to conduct preliminary survey work or approval to operate a pipeline can potentially be classifiedasrequiringlow-levelsupervision.ThisclassificationissubjecttoanassessmentbyPIRSAagainst the operator assessment factors, as detailed above.

5.1 Approval to conduct pipeline preliminary survey activities

Approval to conduct pipeline preliminary survey activities is based on a demonstration by the licensee that it has:

• appropriate management systems and company policies in place

• sufficientresourcesavailable• demonstrated past performance, where possible.

5.2 Approval to construct a pipeline

An application for approval to construct a pipeline requires: • completion of an AS 2885 risk assessment • an AS 2885 approvals register for pipeline

design and construction• a construction environmental management plan

(CEMP) or equivalent• a construction line list or equivalent.

The AS 2885 risk assessment process is designed to identify and evaluate the risks to public safety, supply and the environment arising from threats to the pipeline. It aims to ensure that appropriate measures are implemented to manage all risks and threats to

5 Activity notification and approval


ALARP (as low as reasonably practicable). The construction line list provides a demonstration that thefinalpipelinedesignhastakentheoutcomesofthe AS 2885 risk assessment into account.

AS 2885 requires key design and operation decisions and procedures to be formally approved by competent and responsible personnel. This is facilitated via an approvals register, which must list all approvals required by AS 2885, and must be signed off by the person responsible for each approval. The approvals register is a fundamental document used to demonstrate compliance with AS 2885.

The CEMP is an important document that must detail the management system to be adopted by the licensee during pipeline construction, as well the environmental procedures in place to ensure the objectives of the SEO will be met. It must detail requirements for ongoing monitoring and auditing, and demonstrate that any corrective actions required by the licensee will be done in a timely manner.

5.3 Approval to commission and operate a pipeline

An application for approval to commission and operate a pipeline requires:

• completion of a post-construction risk assessment

• an AS 2885 approvals register for pipeline operation

• a safety and operating plan (SAOP)• completion of an emergency response exercise.

During the post-construction risk assessment a review of the initial risk assessment, carried out prior to pipeline construction, must be undertaken. This is toconfirmthatallpre-constructionriskassessmentand HAZOP (hazard and operability study) actions have been closed out, and that the constructed pipeline complies with the requirements of AS 2885. For cases when the pipeline design or route has been altered during construction, the post-construction risk assessment is particularly important to ensure thatanynewthreatsandrisksareidentified,andanyadditional management measures required as a result of alterations are in place. The post-construction risk assessment also ensures that the requirements of the

initial risk assessment have been incorporated into the SAOP.

The AS 2885 SAOP is a key document that must detail the management system to be adopted by the licensee during pipeline operation, and the procedures in place to ensure that the pipeline is operated safely, and in accordance with the Petroleum Act and AS 2885.

Prior to pipeline commissioning the licensee must conduct an emergency response exercise relating to the pipeline, and provide a written report on the exercise to the Minister (refer to section 8.2 of this document for further details). This exercise allows the licensee to demonstrate to PIRSA that appropriate and practised emergency response systems are in place.

23


The licensee may have obligations under other legislation with which it must comply including, but not limited to:

• Aboriginal Heritage Act 1988• Aboriginal and Torres Strait Islander Heritage

Protection Act 1984 (Cwlth)• Country Fires Act 1989• Development Act 1993• Environment Protection Act 1993• Environment Protection and Biodiversity

Conservation Act 1999 (Cwlth)• Forestry Act 1950• Heritage Act 1993• Land Acquisition Act 1969• National Parks and Wildlife Act 1972• Native Title Act 1993 (Cwlth)• Native Vegetation Act 1991• Pastoral Land Management and Conservation

Act 1989• River Murray Act 2003• Natural Resources Management Act 2004.

The licensee may need to consult with various statutory bodies during a pipeline project including, but not limited to:

• regional natural resource management boards• Country Fire Service Board.

These requirements can be discussed with PIRSA during the project planning stage.

6 Other relevant legislation


Section 75, Schedule 1 (Regulations)Details of application and annual licence fees can be found on the PIRSA website at www.pir.sa.gov.au/petrol/licencefees. Thesefeesarerevisedeveryfinancialyear.

7 Fees

http://www.pir.sa.gov.au/petrol/licencefees

25


The Petroleum Act requires the licensee to comply with a reporting regime for each licence, made up of the following four components:

• annual report• emergency response drill report (at least every

two years)• fitnessforpurposereport(everyfiveyears)• incident reports (as required, refer to section 8.4

of this document for details).

These reports are posted on the Environmental Register on the PIRSA website at www.pir.sa.gov.au/petrol/envreg. Refer to section 9 of this document for further details regarding the Environmental Register.

8.1 Annual reportRegulation 33

The licensee must submit an annual report to PIRSA within two months after the end of each licence year. The report must contain information as detailed in Appendix A8, including an overview of activities undertaken during the year, and a statement outlining operations proposed for the ensuing year. An important element of the annual report is an assessment for the year against the SEO objectives, detailing whether the objectives have been achieved using the stated assessment criteria. The annual report must ultimately include a clear statement of compliance with the Petroleum Act and Regulations, the relevant licence and the SEO.

8.2 Emergency response drill report

Regulation 31The licensee must conduct an emergency response drill in the licence area at intervals not exceeding two years. A written report on the drill must be submitted to PIRSA within two months after completion of the exercise. The report must contain information as detailed in Appendix A9 of this document, including an assessment of the adequacy of the emergency response procedures in place, and an assessment of the competency of personnel to execute these procedures.

8.3 Fitness for purpose reportRegulation 30Thelicenseemustcarryoutafitnessforpurposeassessmentofthepipelineeveryfiveyearsinordertoassess the risks imposed by the facilities on:

• public health and safety• the environment• security of production or supply of natural gas

(so far as this may be relevant).

A report on the assessment must be prepared and submitted to PIRSA within two months after the completionoftheassessment.Thefitnessforpurpose report must include information as detailed in Appendix A10 of this document, providing a statement of the state of the current and expected fitnessforpurposeovertheensuingfive-yearperiodof the facility, including:

• assessment of the physical condition of the facility

8 Reporting requirements




• assessment of the effectiveness of management systems for the operation and management of the facility

• information on any other factor that may adverselyaffectorcompromisethefitnessforpurpose of the facility.

8.4 Incident reportsSection 85, Regulation 32The licensee must report incidents occurring within their licence area to PIRSA. Reportable and serious incidentsaredefinedinSection85ofthePetroleumAct,aswellasintheSEOforeachspecificproject.

For a serious incident, an initial report must be provided as soon as possible after its occurrence, either by telephone or facsimile (refer to section 11 of this document for serious incident reporting contact details). A written report must then be submitted within three months of the incident occurring, including information as detailed in Appendix A11.

Reportable incidents must be reported on a quarterly basis, within one month after the end of each quarter. Incident reports must include information as detailed in Appendix A12 of this document.

8.5 Extension of time limitsSection 134The Minister has the discretion to extend the time limits for the submission of all reports required by the Petroleum Act. This can be discussed with PIRSA as required (refer to section 11 for contact details).

27


Sections 106 and 107In accordance with the Petroleum Act, the Minister is required to maintain an Environmental Register containing:

• EIRs and approved SEOs• currentcriteriafortheclassificationofregulated

activities• environmentalsignificanceassessments• annual reports detailing licensee compliance.

The Environmental Register is available for public inspection on the PIRSA website at www.pir.sa.gov.au/petrol/envreg.

The Minister also has the discretion to include on the Environmental Register:

• fitnessforpurposereports• emergency response drill reports• incident reports.

Publishing of these reports is subject to consultation with the relevant licensee, to ensure that commercially sensitive information is not publicly disclosed.

9 Environmental Register



Under Section 7 of the Petroleum Act, ministerial powers and functions have been delegated to the Director of Petroleum and Geothermal for various actions under the Act, including:

• licence grants and associated consultation• environmentalimpactclassifications• SEO approval and associated consultation• activitynotificationandapprovals• mediation for disputed entry to land• receipt of reports, including incident reports• Environmental Register maintenance and

associated consultation• extension of time limits• sub-delegation power.

Correspondence to the Minister regarding any of the above matters should therefore be addressed to:

The Director, Petroleum and Geothermal Minerals and Energy Resources Primary Industries and Resources SA GPO Box 1671 Adelaide SA 5001

Attention: Michael Malavazos, Belinda Close etc. (i.e. as appropriate).

10 Delegated authority under the Petroleum Act

29


Serious incident reporting Phone (08) 8463 6666 Fax (08) 8463 3229

Michael Malavazos Chief Engineer, Petroleum and Geothermal Operations Phone (08) 8463 3245 Mob. 0401 122 666 Fax (08) 8463 3229 Email [email protected]

Belinda Close Senior Engineer Phone (08) 8463 3239 Mob. 0401 122 056 Fax (08) 8463 3229 Email [email protected]

Richard McDonough Manager, Engineering and Policy Phone (08) 8463 3247 Mob. 0428 853 720 Fax (08) 8463 3229 Email [email protected]

James Coda Senior Engineer Phone (08) 8463 3716 Fax (08) 8463 3229 Email [email protected]

Deepank Gupta Project Engineer Phone (08) 8463 3248 Fax (08) 8463 3229 Email [email protected]

Tony Wright Compliance Officer Phone (08) 8463 3241 Mob. 0421 487 760 Fax (08) 8463 3229 Email [email protected]

11 Petroleum and Geothermal Group contacts








All Petroleum Act checklists and pro-formas are available on the PIRSA website at www.pir.sa.gov.au/petrol/plguidelines.

Appendix: Checklists and pro-formas


31


A1 Environmental impact report checklistRegulation 10 — EIR requirements

CompanyLicenceActivityDate received

Regulation Requirement Comments10. (1) For the purpose of any environmental impact report required under Part 12 of the Petroleum

Act, a licensee or a person applying for a licence must provide:

(a) A description of the regulated activities to be carried out under the licence, including their location,

(b) (i) A description of the specific features of the environment that can reasonably be expected to be affected by the activities, with particular reference to the physical and biological aspects of the environment and existing land uses,

(b) (ii) An assessment of the cultural values of Aboriginal and other Australians which could reasonably be foreseen to be affected by the activities in the area of the licence, and the public health and safety risks inherent in those activities (insofar as these matters are relevant in the particular circumstances),

(b) (iii) If required by the Minister, a prudential assessment of the security of natural gas supply,

(c) A description of the reasonably foreseeable events associated with the activities that could pose a threat to the relevant environment, including:

(c) (i) (A) Information on events occurring during the construction, operational and the abandonment stages,

(c) (i) (B) Information on events occurring due to atypical circumstances, including human error, equipment failure or emissions, or discharges above normal operating levels,

(c) (ii) A description of the reasonably foreseeable events associated with the activities that could pose a threat to the relevant environment, including information of the estimated frequency of identified events,

(c) (iii) An explanation of the basis on which these events and frequencies have been predicted,

(d) An assessment of the potential consequences of these events on the environment including:

(d) (i) (A) Information on the extent to which these consequences can be managed or addressed,

(d) (i) (B) Information on the action proposed to be taken to manage or address these consequences,

(d ) (i) (C) Information on the anticipated duration of these consequences,

(d) (ii) An explanation of the basis on which these consequences have been predicted,

(e) A list of all owners of the relevant land,(f) Information on any consultation that has occurred with the owner of the

relevant land, and Aboriginal groups or representatives, any agency or instrumentality of the Crown, or any other interested person or parties, including specific details about relevant issues that have been raised and any response to those issues, but not including confidential information.


Regulation Requirement Comments10. (2) The Minister may require that further information or materials be

provided to assist in assessing potential events and consequences that may arise from particular activities.

10. (3) Information and material provided under Regulation 10. (1) must:(a) Be balanced, objective and concise,(b) State any limitations that apply, or should apply, to the use of the

information and material,(c) Identify any matter in relation to which there is a significant lack of

relevant information or a significant degree of uncertainty,(d) So far as is relevant, identify the sensitivity to change of any

assumption that has been made and any significant risks that may arise if an assumption is later found to be incorrect,

(e) So far as is reasonably practicable, be presented in a way that allows a person assessing the information or material to understand how conclusions have been reached and allows the information or material to be used to make an informed decision on the level of environmental impact of particular activities without the need to obtain additional technical advice.

Photos of typical activities should be provided.

10. (4) Information or material provided under this regulation must be accompanied a declaration signed by either the licensee or applicant or a person authorised by the licensee or applicant who has taken reasonable steps to review the information and material to ensure its accuracy.

33


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A3 Preliminary survey licence application checklistRegulations 4 and 5 — Licence applications; Schedule 1 — Fees

CompanyLicenceDate received

Regulation Requirement Comments4. An application for a licence or the renewal of a licence, under the Petroleum Act must:

(a) Be addressed to the Minister,(b) Be signed or executed by the applicant,(c) Include or be accompanied by:(c) (i) The full name, business address and telephone number of the

applicant,(c) (ii) The name and telephone number of a person who can be contacted

about the application,(c) (iii) A description of the area to which the application relates, using

coordinates in GDA 94 (or equivalent) and, if available, cadastral boundaries,

(c) (iv) A map indicating the area or route to which the application relates, and in the case of a pipeline licence, indicating significant topographical, environmental and cultural features,

(c) (v) Information on the size of the area to which the application relates, in square kilometres,

(c) (vi) (A) In the case of an application for a licence – for an incorporated body, a copy of the body’s most recent audited annual financial statements,

(c) (vi) (B) In the case of an application for a licence – for any other case (apart from an incorporated body), statements that demonstrate the expected financial position of the applicant over the anticipated term of the licence (or a shorter term determined by the Minister),

(c) (vii) In the case of an application for a licence – a statement of the technical qualifications and experience of the applicant,

(c) (viii) In the case of an application for a licence – if the application is being made by more than one person, information on the interest that each person will have in the licence (which may be expressed as a percentage).

5. An application for a preliminary survey licence must also include, or be accompanied by, the following information or material:

(a) If relevant, material identifying any existing licences that are wholly or partially contained within the proposed are of the licence,

(b) A description of the regulated activities to be carried out under the licence.

Schedule 1. A Application Fees Application or renewal fee must be submitted at time of application. Note fees increase each new financial year.

35


A4 Pipeline licence application checklistRegulations 4 and 9 — Licence applications; Schedule 1 — Fees


Regulation Requirement Comments4. An application for a licence or for the renewal of a licence, under the Petroleum Act must:

(a) Be addressed to the Minister,(b) Be signed or executed by the applicant,(c) Include or be accompanied by:(c) (i) The full name, business address and telephone number of the

applicant,(c) (ii) The name and telephone number of a person who can be contacted

about the application,(c) (iii) A description of the area to which the application relates, using

coordinates in GDA 94 (or equivalent) and, if available, cadastral boundaries,

(c) (iv) A map indicating the area or route to which the application relates, and in the case of a pipeline licence, indicating significant topographical, environmental and cultural features,

(c) (v) Information on the size of the area to which the application relates, in square kilometres,

(c) (vi) (A) In the case of an application for a licence – for an incorporated body, a copy of the body’s most recent audited annual financial statements,

(c) (vi) (B) In the case of an application for a licence – for any other case (apart from an incorporated body), statements that demonstrate the expected financial position of the applicant over the anticipated term of the licence (or a shorter term determined by the Minister),

(c) (vii) In the case of an application for a licence – a statement of the technical qualifications and experience of the applicant,

(c) (viii) In the case of an application for a licence – if the application is being made by more than one person, information on the interest that each person will have in the licence (which may be expressed as a percentage).

9. An application for a pipeline licence, or for authorisation to alter or modify a pipeline or pipeline licence, must include, or be accompanied by, the following information or material:

(a) Technical details concerning the proposed pipeline, alteration or modification (Including (if relevant) diameter, wall thickness, length, design pressure and design flow rate),

(b) If relevant, the type and location of all tanks, plant, equipment, machinery and other infrastructure that the applicant proposes to use or install. It is recommended that proposed future infrastructure are also included, for example compressor station locations, to avoid having to obtain a variation to a licence,

(c) Information on any public or private interest known to the applicant that would be affected by the grant of the licence or the making of the alteration or modification,

(d) An environmental impact report and a draft statement of environmental objectives.

Schedule 1. A Application Fees Application or renewal fee must be submitted at time of application. Note fees increase each new financial year.


A5 Notice of entry on land checklistRegulation 22 — Notice of entry on land


Regulation Requirement Comments22. For the purposes of Section 61 of the Petroleum Act, a notice must:(a) State the full name and business address of the licensee,(b) Provide the name and telephone number of a person who can be

contacted about the notice,(c) Provide a reasonable description of the types of activities proposed to be

carried out on the land,(d) Identify the place or places where the activities are to be carried out and

indicate the proposed duration of the activities,(e) Insofar as is relevant to the particular land, provide reasonable information

on the anticipated events and consequences associated with the activities, and on the action that is proposed to be taken to manage and address those events and consequences, in order to enable the occupier to make an informed decision about the impact or potential impact of the activities on the land,

(f) State whether the occupier may object to the proposed entry under the Petroleum Act and, if so, the fact that a notice of objection must be given to the licensee within 14 days after service of the notice of entry,

(g) (i) - (iv) Provide reasonable information on the rights of an owner of land to claim compensation under the Petroleum Act to cover:• Deprivation or impairment of the use and enjoyment of the land,• Damage to the land (not including damage that will be made good by the

licensee),• Damage to, or disturbance of, any business or other activity lawfully

conducted on the land,• Consequential loss,

(h) State that compensation under the Petroleum Act is not to be related to the value or possible value of resources contained in the land and that dissatisfaction with any compensation is not a ground for objecting to any entry on to the land,

(i) State that any dispute over access or compensation may ultimately be resolved by application to the relevant court,

(j) Inform the person that the activities to which the notice relates are conducted under the Petroleum Act and that any concerns or issues associated with the conduct of the activities may be raised with the department,

(k) Be accompanied by a copy of Part 10 of the Petroleum Act.

37


A6 Operator assessment factors checklistRegulation 16 — Operator assessment factors


Regulation Comments

Non

-exi

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Info

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mis

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Cla

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No

clar

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tion

16. (2) For the purposes of this Part 4 of the Petroleum Act, the following are operator assessment factors:

(a) A licensee’s corporate policies with respect to the protection of the environment, resource management, development and production, public safety, compliance with regulatory requirements and the achievement of regulatory objectives,

(b) A licensee’s work practices and procedures associated with compliance with regulatory requirements and the achievement of regulatory objectives,

(c) A licensee’s practices and procedures with respect to communicating regulatory requirements and regulatory objectives to employees and contractors,

(d) A licensee’s practices and procedures with respect to identifying risks and implementing measures associated with achieving regulatory objectives,

(e) A licensee’s arrangements to monitor, audit and review the licensee’s performance against regulatory objectives,

(f) A licensee’s practices with respect to the keeping and verification of records of performance,

(g) A licensee’s systems to identify and report serious incidents and reportable incidents under the Petroleum Act,

(h) A licensee’s emergency response record, policies and plans (including testing and reporting practices and procedures),


Regulation Comments

Non

-exi

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Info

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mis

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Cla

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No

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(i) A licensee’s practices and procedures with respect to the induction and training of employees,

(j) A licensee’s practices and procedures with respect to consulting interested persons and bodies (including government agencies and instrumentalities),

(k) A licensee’s practices and procedures with respect to providing adequate supervision of its employees and contractors in order to ensure compliance with regulatory requirements and the achievement of regulatory objectives,

(l) A licensee’s record in achieving regulatory objectives and regulatory requirements.

39


A7 Activity notification checklistRegulations 18, 19 and 20 — Activity notification


Regulation Comments

Non

-exi

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Info

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mis

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Cla

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No

clar

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18. (1) For the purposes of Section 74. (3) of the Petroleum Act, notice of activities requiring low level official supervision is to be given to the Minister at least 21 days before the proposed commencement of the activities.

19. (1) For the purposes of Section 74. (3) of the Petroleum Act, an application for the Minister’s approval for activities requiring high level official supervision is to be given to the Minister at least 35 days before the proposed commencement of the activities.

19. (2) (a) A notice under Regulation 19. (1) must include or be accompanied by detailed information on the licensee’s proposals in respect of the operator assessment factors (Regulation 16).

20. (1) A notice under Regulation 18. (1) or 19. (1) must include, or be accompanied by:

(a) The licence number and the name of the licensee,

(b) A description of the relevant activity,(c) Information on the proposed location of the

relevant activity, using co-ordinates in the GDA 94 datum (which may be in digital format), and including a map of the relevant area showing the proposed location of the relevant activity and significant topographical, environmental and cultural features,

(d) The full name and business address of any contractor who will be involved to a significant degree in carrying out the activity,

(e) The proposed commencement date and the estimated duration of the activity,


Regulation Comments

Non

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Info

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mis

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Cla

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No

clar

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tion

(f) The name and address of the owner of the relevant land, a declaration concerning compliance with Part 10 of the Petroleum Act and a copy of any notice provided under that Part, and (if relevant) information on any scheme or process that will be put in place for giving or providing notices or information to owners of the land as the activity progresses,

(g) An assessment as to whether the relevant activity is covered by an existing statement of environmental objectives under Part 12 of the Petroleum Act.

20. (2) The notice must include the full name, business address and telephone number of a person who can be contacted about the matters contained in the notice.

20. (3) The Minister may require that a licensee provide further information or material in order to ensure that the department has comprehensive information on the proposed activities.

41


A8 Annual report checklistRegulation 33 — Annual reports

CompanyLicenceDate receivedLicence Year and Term

Regulation Comments

Non

-exi

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t

Info

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mis

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No

clar

ifica

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33. (1) A licensee must, within 2 months after the end of each licence year, furnish to the Minister a written report for the relevant licence year.

33. (2) An annual report must include:(a) A summary of the regulated activities

conducted under the licence during the year,

(b) A report of the year on compliance with: • The Petroleum Act and Regulations, • The licence, and • Any relevant Statement of

Environmental Objectives,

Check that the report addresses any non-compliance known to PIRSA, including any compliance assessments undertaken by PIRSA.

(c) A statement concerning any action to rectify non-compliance with obligations imposed by the Petroleum Act and Regulations or the licence, and to minimise the likelihood of the recurrence of any such non-compliance,

(d) A summary of any management system audits undertaken during the relevant licence year including information on any failure or deficiency identified by the audit and any corrective actions that has, or will be, taken,

(e) A list of all reports and data relevant to the operation of the Petroleum Act generated by the licensee during the licence year,

Check that all reports known to PIRSA are referenced.


Regulation Comments

Non

-exi

sten

t

Info

rmat

ion

mis

sing

Cla

rifica

tion

No

clar

ifica

tion

(f) In relation to any incidents reported to the Minister under the Petroleum Act and these Regulations during the relevant licence year:

Check that all serious and reportable incidents known to PIRSA have been discussed in the report.

(f) (i) An overall assessment and analysis of the incidents, including the identification and analysis of any trends that have emerged,

(f) (ii) An overall assessment of the effectiveness of any action taken to rectify non-compliance with obligations imposed by the Petroleum Act and Regulations or the licence, or to minimise the risk of recurrence of any such non-compliance,

(g) A report on any reasonably foreseeable threats (other than threats previously reported on) that reasonably present, or may present, a hazard to facilities or activities under the licence, and a report on any corrective action that has, or will be, taken,

(h) Unless the relevant licence year is the last year in which the licence is to remain in force, a statement outlining operations proposed for the ensuing year,

(k) In the case of a pipeline licence, the volume of any regulated substance transported during the relevant licence year.

43


Regulation Comments

Non

-exi

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t

Info

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ion

mis

sing

Cla

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tion

No

clar

ifica

tion

33. (3) (a) – (f)

An annual report must be accompanied by a statement of expenditure on regulated activities conducted under the licence for the relevant licence year, showing expenditure under each of the following headings:• Drilling activities,• Seismic activities,• Technical evaluation and analysis,• Other surveys,• Facility construction and

modification,• Operating and administration

expenses (not already covered under another heading).

Action requiredThe reviewer shall determine whether:

1. The licensee is required to resubmit the report — where the majority of the report components are either missing or incomplete.

2. The licensee is required to submit an addendum to the report — where the report is largely satisfactory, but significant omissions have been identified.

3. The licensee is required to provide clarification on components of the report, either by a letter or at a regular interface meeting between the licensee and PIRSA — where there are no substantive shortcomings in the report.

4. No further action is required — where all necessary information has been provided and is clear.

5. Enforcement action by PIRSA is required — where a non-compliance has been identified that demonstrates future compliance with the Act is in doubt.

Reviewer initials Date review completed

Action required (1 to 5)

Comments


A9 Emergency response drill report checklistRegulation 31 — Emergency response procedures


Regulation Comments

Not

app

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Info

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No

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tion

31. (3) A licensee under a prescribed licence must, at intervals not exceeding 2 years, conduct a practice drill of emergency response procedures for all facilities operated on land within the area of the licence.

31. (5) The licensee must prepare a report on the drill (in a manner and form determined by the Minister) and furnish a copy of the report to the Minister within 2 months after the drill.

31. (6) An emergency response drill report under Regulation 31. (5) must include:

(a) An assessment of the adequacy of the emergency response procedures,

(b) An assessment of the competency of personnel to execute procedures,

(c) Information on any deficiencies in any management systems, or operating or maintenance procedures, identified by the drill,

(d) Details of any remedial action taken, or proposed to be taken, to correct any deficiencies.

31. (7) Information provided in a report under Regulation 31. (5) must:

(a) Be balanced, objective and concise,

(b) So far as is relevant, identify the sensitivity to change of any assumption that has been made and any significant risks that may arise if an assumption is later found to be incorrect,

(c) So far as is reasonably practicable, be presented in a way that allows a person assessing the information to understand how conclusions have been reached.

45


Regulation Comments

Not

app

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Info

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mis

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Cla

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tion

No

clar

ifica

tion

31. (8) A report under Regulation 31. (5) must be signed by a person (being either the licensee or a person authorised by the licensee) who has taken reasonable steps to review the report to ensure the accuracy of the information contained in the report.

31. (9) A licensee must promptly carry out any remedial action that is necessary or appropriate in view of the outcomes of the emergency response drill.

Follow up at quarterly meetings.

Action required

The reviewer shall determine whether:








Comments


A10 Fitness for purpose report checklistRegulation 30 — Fitness for purpose assessments


Regulation Comments

Non

-exi

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Info

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mis

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Cla

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tion

No

clar

ifica

tion

30. (2) A licensee under a prescribed licence must carry out periodic fitness-for-purpose assessments of facilities operated on land within the area of the licence in order to assess risks imposed by the facilities on:

(a) Public health and safety,(b) The environment,(c) Security of supply of natural gas.30. (4) An assessment under Regulation 30

must be completed every 5 years.

30. (5) The licensee must prepare a report on the assessment and furnish a copy of the report to the Minister within 2 months after the completion of the assessment.

30. (6) A report under Regulation 30. (5) must include, in relation to each facility to which the report relates:

(a) A name and description of the facility,

(b) The date on which the assessment occurred, or was completed,

(c) A summary of the assessment of the risks associated with the operation of the facility,

(d) A statement of the state of the current and expected (over an ensuing 5 year period) fitness-for-purpose of the facility, setting out the grounds on which the statement is made and including:

(d) (i) An assessment of the physical condition of the facility,

(d) (ii) An assessment of the effectiveness of the management systems for the operation and management of the facility,

47


Regulation Comments

Non

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Info

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mis

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Cla

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tion

No

clar

ifica

tion

(d) (iii) Information on any other factor that may adversely affect or compromise the fitness-for-purpose of the facility, such as those mentioned in Regulation 30. (3):

30. (3) (c) The potential for the environment to affect the safe and effective operation of each facility,

(d) The potential for serious incidents to occur at each facility, including potential for hazardous materials at or near to affect operation,

(e) The adequacy and reliability of utilities required to enable effective operation at each facility (so far as this may be relevant).

30. (8) Information provided in the report must:

(a) Be balanced, objective and concise,(b) State any limitations that apply, or should

apply, to the use of the information,

(c) Identify any matter in relation to which there is a significant lack of relevant information or a significant degree of uncertainty,

(d) So far as is relevant, identify the sensitivity to change of any assumption that has been made and any significant risks that may arise if an assumption is later found to be incorrect,

(e) So far as is reasonably practicable, be presented in a way that allows a person assessing the information to understand how conclusions have been reached.

30. (9) A licensee must promptly carry out any remedial action that is necessary or appropriate in view of a report under Regulation 30, and must ensure that any identified risks are eliminated or reduced so far as is reasonably practicable.










Comments

49


A11 Serious incident report checklistRegulation 32 — Incident reports


Regulation Comments

Not

app

licab

le

Info

rmat

ion

mis

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Cla

rifica

tion

No

clar

ifica

tion

32. (2) A serious incident must be reported to the Minister:

(a) Initially by telephone or facsimile,

(b) By providing a written report on the incident within 3 months after the occurrence of the incident.

32. (3) The initial report of a serious incident must include:

(a) The name and business address of the licensee,

(b) The name and telephone number of a person who can be contacted about the matter,

(c) The time and date of the occurrence of the incident,

(d) The place where the incident occurred (using appropriate co-ordinates or distances from significant topographical features),

(e) In a case involving spillage, the approximate quantity of the spillage,

(f) The approximate size of any area affected by the incident (if relevant),

(g) The nature and extent of any injury to a person and, if death has occurred, the cause and place of death,

(h) The steps that have been taken to control, minimise or address any damage to any area affected by the incident.

32. (4) A written report of a serious incident must be made in a manner and form determined by the Minister and include the following information:

(a) The results of any assessment or investigation of the conditions or circumstances that caused or contributed to the occurrence of the incident,


Regulation Comments

Not

app

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Info

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ion

mis

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Cla

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tion

No

clar

ifica

tion

(b) The nature and extent of any damage to the environment that occurred as a result of the incident,

(c) The steps that have been taken, or are proposed to be taken, to clean up and rehabilitate any area affected by the incident,

(d) The steps that have been taken, or are proposed to be taken, to prevent a recurrence of the incident.










Comments

51


A12 Reportable incident report checklistRegulation 32 — Incident reports


Regulation Comments

Not

app

licab

le

Info

rmat

ion

mis

sing

Cla

rifica

tion

No

clar

ifica

tion

32. (5) Reportable incidents are to be reported on a quarterly basis within 1 month after the end of each quarter.

32. (6) A report on reportable incidents must be made in a manner and form determined by the Minister and include the following information in relation to each incident to which the report relates:

(a) The time and date of the occurrence of the incident and the time and date of detection,

(b) The place where the incident occurred (using appropriate co-ordinates or distances from significant topographical features),

(c) In the case of a spillage, the approximate quantity of the spillage,

(d) The approximate size of any area affected by the incident (if relevant),

(e) The cause of the incident,(f) The steps that have been taken, or are

proposed to be taken, to clean up and rehabilitate any area affected by the incident,

(g) The steps that have been taken, or are proposed to be taken, to prevent a recurrence of the incident.



Action required

The reviewer shall determine whether:








Comments

Documents

GUIDELINES FOR PIPELINE LICENSING AND APPROVALS IN …energymining.sa.gov.au/__data/assets/pdf_file/0007/259081/pipeline... · 4 GUIDELINES FOR PIPELINE LICENSING AND APPROVALS IN