Document ID: chunk:federal_register_of_legislation:F2025C00011:front:0:p27
Version: federal_register_of_legislation:F2025C00011
Segment Type: other
Provision Reference: 
Character Range: 69272–71988

well, including a well kick, resulting in a release of more than:
 (i) 1 kilogram of gas; or
 (ii) 80 litres of liquid;
 (b) a failure of hydrostatic pressure as a primary barrier, leading to:
 (i) a build‑up of pressure or a positive flow check; and
 (ii) the operation of a blow‑out prevention or diversion system;
 (c) damage to, or failure of, well‑related equipment that has led or could lead to a loss of integrity of the well;
 (d) any other unplanned occurrence that requires the titleholder to implement measures or arrangements to regain control of the well.
well has a meaning affected by regulation 5.03.
well activity means an activity relating to a well that is carried out during the life of the well.

5.03  Well includes associated well‑related equipment
  In this Part, a reference to a well includes a reference to the well‑related equipment associated with the well.
Note: For the definitions of well and well‑related equipment, see section 7 of the Act.

5.03A  Well activity taken to occur if well is not operational
  If there is a well in a title area that is not operational (but not permanently abandoned), the titleholder is taken for the purpose of these Regulations to be undertaking a well activity in relation to the well.

Division 2—Requirements—well operations management plan

5.04  Requirement to have well operations management plan in force
 (1) A titleholder commits an offence if:
 (a) the titleholder undertakes a well activity in a title area; and
 (b) there is not a well operations management plan in force for the well that applies to the well activity.
Penalty: 80 penalty units.
 (2) An offence against subregulation (1) is an offence of strict liability.
Note 1: For strict liability, see section 6.1 of the Criminal Code.
Note 2: NOPSEMA may give directions to titleholders that may relate to a well activity and must be complied with despite anything in these Regulations: see sections 574, 576B and 576C of the Act. NOPSEMA and the responsible Commonwealth Minister may also give remedial directions about plugging or closing off wells: see sections 586, 586A, 591B and 592 of the Act.

5.05  Requirement to undertake activities in accordance with well operations management plan
 (1) A titleholder commits an offence if:
 (a) the titleholder undertakes a well activity in a title area; and
 (b) the well activity is regulated by:
 (i) one or more requirements of the well operations management plan in force for the well; or
 (ii) one or more conditions to which the acceptance of the plan was subject; or
 (iii) both requirements and conditions; and
 (c) the titleholder does not undertake the activity in accordance with the requirements, conditions or both that