Offshore Petroleum and Greenhouse Gas Storage (Safety) Regulations 2024

A review of Australia’s offshore safety regime conducted by the Department of Industry, Science and Resources (DISR) identified
improvements that could help strengthen and enhance offshore worker safety outcomes. 

These include:

• Improving engagement between industry and the regulator in designing offshore facilities
• Strengthening the role of health and safety representatives
• Further recognising the importance of mental health
• Increasing regulatory oversight of diving operations
• Strengthening compliance mechanisms
• Streamlining administrative processes
 

To implement these, the OPGGS Act and the OPGGS Safety Regulations have now been amended.

As the regulator, NOPSEMA will administer the new requirements when they come into force on 12 June 2025.

Yes, DISR consulted with key stakeholders including industry, industry bodies, unions, NOPSEMA and other relevant government bodies and departments throughout the policy development.

The new safety provisions in the OPGGS Act and the Offshore Petroleum and Greenhouse Gas Storage (Safety) Regulations 2024 (the Regulations) will come into effect on 12 June 2025. 

NOPSEMA will provide further information regarding the transition arrangements in its guidance documents, which are under development.

The changes will support industry and NOPSEMA to ensure the ongoing health and safety of workers. 

They include:

• Strengthening the role of HSRs
• Workforce health and wellbeing
• Sexual harassment and psychosocial health
• Modernised regulation of diving
• Mandatory design notification scheme
• Administration of safety cases
• Operators and titleholders
• Compliance and enforcement
• Vessel activity notification scheme
• AMSA jurisdictional interface policy measure
• Remedial direction changes

All operators, contractors, workers and HSRs will be affected by changes to the legislation HSRs will be given new training rights and be able to request reviews of safety management-related documents.

Safety cases currently under assessment will continue to be assessed under the current regulations. However, safety case acceptance decisions on or after 12 June must consider the requirements of the new regulations.

If operators believe their safety case could be decided after 12 June, they are strongly encouraged to make any necessary updates to their safety case to meet the new requirements to avoid potential delays. 

This includes both new safety case submissions and revisions. Operators are also encouraged to submit their safety case early to avoid any concerns regarding timelines for critical decision pathways. 

During this transition period operators can contact our NOPSEMA inspectors for guidance on the progress of their assessment at any time which may assist in determining whether you need to meet the new requirements.

Control measures include the physical features of a facility, and elements of the operator’s management system employed at the facility, that eliminate, prevent, reduce or mitigate the risk of major accident events and other hazardous events.

In the context of sections 2.5(2) and 2.30(1)(g) “technical and other control measures critical to safety” are those that have been implemented against major accident events and which have been identified in the Formal Safety Assessment. 

They can take many forms including physical equipment, process control systems, management processes, operating or maintenance procedures, the emergency plan, key personnel and their actions.

Under the new regulations, technical and other control measures critical for safety are required to be listed in a safety case. Operators may choose to include these in a separate Appendix.

A safety case revision will be required if there has been, or will be, a loss or removal of a technical or other control measure identified under subsection 2.5(2) as being critical to safety. 

There is an exemption, including inter alia if the control measure is out of service for testing, or the operator has ceased to undertake an activity directly related to the technical or other control measure. This regulatory change clarifies NOPSEMA’s existing expectations on revisions to safety cases for controls critical to safety.

The intent is to ensure that a permanent loss or removal of a critical control measure is addressed appropriately with sufficient accountability and oversight to ensure ongoing safety and health of the workforce and structural integrity. 

In consultation with Industry, NOPSEMA will develop further guidance on how operators should interpret “loss or removal” and “testing” of a control measure and will continue to review on a case-by-case basis during the first 12 months of implementation. 

Please contact us with any circumstances that you may be concerned about so we can consider them in our guidance.

Yes, NOPSEMA will communicate changes to industry and stakeholders.

NOPSEMA’s website will provide useful information including the frequently asked questions (FAQ) section.

We will also provide information through our publications and guidance documents, as well as targeted industry information sessions and our regular industry engagements.

You can also contact NOPSEMA directly at communications@nopsema.gov.au

The Design Notification Scheme (DNS) introduces early engagement with NOPSEMA on a facility’s safety case at the design phase of project development. 

It applies to, and is in relation to, a vessel or structure that is a new production facility or a new greenhouse gas facility. Under the scheme, the design notification must be submitted in sufficient time to allow for any comments made by NOPSEMA to be considered in the final design and before any construction or alteration work begins.

NOPSEMA is currently developing processes to support the introduction of the DNS and will shortly be publishing policies and guidance to support industry.

Amendments to the OPGGS Act requires that if a vessel becomes a facility or ceases to be a facility, the operator of a facility must notify NOPSEMA.

This new requirement ensures that NOPSEMA is aware of key changes in a facility’s status and can provide assurance that best practice safety standards are in place.

This is of particular concern in emergency situations, such as a cyclone, when the Commonwealth Government needs to establish situational awareness quickly.

NOPSEMA is developing processes to ensure this notification is quick and easy. We are also developing guidance covering the different circumstances in which a notification may be required.

Information on the Offshore Petroleum and Greenhouse Gas Storage Legislation Amendment (Safety and Other Measures) Bill 2024 can be found on the Parliament of Australia website. 

The new Regulations can also be found on the Parliament of Australia website along with the Explanatory Statement which identifies the specific changes between the 2009 regulations and the 2024 regulations. 

A summary of the key elements of the Bill and how they will be implemented by NOPSEMA can be found on NOPSEMA’s website