Western Australian Consolidated Acts

PETROLEUM (SUBMERGED LANDS) ACT 1982 - SECT 97

97 .         Work practices

        (1)         A permittee, lessee or licensee shall carry out all petroleum exploration operations and operations for the recovery of petroleum in the permit area, lease area or licence area in a proper and workmanlike manner and in accordance with good oil-field practice.

        (2)         In particular, and without limiting the generality of subsection (1), but subject to any authorisation or requirement given or made by or under this Act or regulations or directions under this Act, a permittee, lessee or licensee shall —

            (a)         control the flow and prevent the waste or escape in the permit area, lease area or licence area of petroleum or water; and

            (b)         prevent the escape in the permit area, lease area or licence area of any mixture of water or drilling fluid with petroleum or any other matter; and

            (c)         prevent damage to petroleum-bearing strata in an area, whether in the adjacent area or not, in respect of which the permit, lease or licence is not in force; and

            (d)         keep separate —

                  (i)         each petroleum pool discovered in the permit area, lease area or licence area; and

                  (ii)         such of the sources of water, if any, discovered in that area as the Minister, by instrument in writing served on that person, directs;

                and

            (e)         prevent water or any other matter entering any petroleum pool through wells in the permit area, lease area or licence area except when required by, and in accordance with, good oil-field practice.

        (3A)         An infrastructure licensee shall carry out operations authorised by the infrastructure licence in a safe manner and in accordance with good oil-field practice and good processing and transport practice.

        (3B)         In particular and without limiting the generality of subsection (3A), but subject to any authorisation or requirement given or made by or under this Act or regulations or directions under this Act, an infrastructure licensee shall control the flow, and prevent the waste or escape, from a facility constructed under the infrastructure licence, of water, petroleum or any product derived by processing petroleum.

        (3)         A pipeline licensee shall operate the pipeline in a proper and workmanlike manner.

        (4)         In particular and without limiting the generality of subsection (3), a pipeline licensee shall prevent the waste or escape of petroleum or water from the pipeline or from any secondary line, pumping station, tank station, valve station or water line.

        (5)         A person who is the holder of a special prospecting authority or an access authority shall carry out all petroleum exploration operations in the area in respect of which the special prospecting authority or access authority is in force in a proper and workmanlike manner and in accordance with good oil-field practice.

        [(6)         deleted]

        (7)         It is a defence if a person charged with failing to comply with a provision of this section, or a defendant in an action arising out of a failure by the defendant to comply with a provision of this section, proves that he took all reasonable steps to comply with that provision.

        Penalty for an offence under subsection (1), (2), (3A), (3B), (3), (4) or (5): a fine of $10 000.

        [Section 97 amended by No. 12 of 1990 s. 215; No. 28 of 1994 s. 104; No. 13 of 2005 s. 38; No. 42 of 2010 s. 132.]