13-Health and Safety in Employment Petroleum Exploration and Extraction Regulations 20131 PDF

2013/208
Health and Safety in Employment

(Petroleum Exploration and
Extraction) Regulations 2013
Jerry Mateparae, Governor-General
Order in Council
At Wellington this 20th day of May 2013
Present:
His Excellency the Governor-General in Council
Pursuant to section 21 of the Health and Safety in Employment Act

1992, His Excellency the Governor-General, acting on the advice and
with the consent of the Executive Council and on the recommenda-
tion of the Minister given in accordance with section 21(2) and (3)
of that Act, makes the following regulations.
Contents
Page
1 Title 6
2 Commencement 6
Part 1
Preliminary provisions
3 Interpretation 7
4 Meaning of employer and employee 13
5 Meaning of operator 13
6 Meaning of independent 14
1
(Petroleum Exploration and Extraction)
Regulations 2013 2013/208
Relationship between Act and regulations

7 Relationship between Act and regulations 14
Compliance by previous duty holder or well operator
8 Compliance by previous duty holder of installation or well 14
operator counted as compliance by successor
Part 2
General duties
9 Application 15
10 Duty holder must ensure safety of installation 15
11 Duty holder must appoint installation manager 15
12 Petroleum workers must comply with instructions 15
13 Duty holder must take steps to manage hazardous liquids, 16
vapours, or gases
14 Duty holder must take steps to ensure safe disposal of 16
waste petroleum
15 Duty holder must take precautions with sources of ignition 16
Part 3
Lower-tier production installations
16 Application 16
17 Operator must establish major accident prevention policy 16
18 Operator must review major accident prevention policy 17
19 Operator must keep records 17
Transitional provision
20 Transitional provision relating to existing lower-tier 18
production installations
Part 4
Notice and safety case requirements
21 Application 18
Notice requirements
22 Operator must give design notice 18
23 Operator must give relocation notice 19
24 Duty holder must give notice of combined operation 19
Requirement for a safety case
25 Installation must not be operated without accepted safety 20
case
26 Requirements for safety case 20
27 Duty holder must consult petroleum workers 20
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2013/208 Regulations 2013
28 Operator must prepare safety case where production 21

exceeds threshold quantities for lower-tier production
installation
Consideration of and decisions on safety cases
29 Secretary may request further information 21
30 Secretary must notify duty holder of decision 21
31 Criteria for acceptance of safety case 22
32 Secretary may impose limits or conditions on safety case 22
33 Secretary may reject safety case 23
Revision of safety cases
34 Safety case must be revised in certain situations 23
35 Secretary may request revised safety case 24
36 Duty holder must give revised safety case within 5 years 25
37 Decision on revised safety case 25
Withdrawal of acceptance of safety case
38 Secretary may withdraw acceptance of safety case 26
Compliance with safety case requirements
39 Duty holder must ensure compliance with safety case 27
requirements
40 Secretary may consent to conduct of activity otherwise 27
than in accordance with safety case
Duty holder to retain records
41 Duty holder must retain records of safety case 28
Transitional provisions relating to safety cases
42 Transitional provision for existing offshore installations 28
43 Transitional provision for other existing installations 28
Part 5
Certificates of fitness and verification schemes for
offshore installations
44 Application 29
Certificates of fitness
45 Duty holder must ensure installation has compliant 29
certificate of fitness
46 Installation no longer complies with certificate of fitness 29
47 Recognition of inspection bodies 30
48 Conditions of recognition 30
49 Withdrawal of recognition 31
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Regulations 2013 2013/208
50 Secretary must publish recognition or withdrawal of 31

recognition in Gazette
51 Transitional provision relating to recognition of inspection 31
bodies
52 Inspection body must carry out inspections and issue 32
certificates of fitness
53 Transitional provision relating to certificates of fitness 32
Verification schemes
54 Meaning of verification scheme 33
55 Steps duty holder must take to develop verification 33
scheme
56 Recognition of verification schemes 34
57 Implementation of verification scheme 34
58 Secretary may withdraw recognition 35
59 Duty holder must keep verification scheme under review 35
60 Duty holder must ensure continuing effect given to 35
verification scheme
61 Duty holder must retain record of verification scheme 36
62 Transitional provision relating to verification schemes 36
Part 6
Well operations
63 Application 36
General duties
64 Well operator’s primary duty 36
65 Duty holder must ensure persons have adequate 37
knowledge, skills, support, etc
Assessment of conditions below ground
66 Well operator must assess conditions below ground before 37
well is designed
67 Well operator must continue to assess conditions below 37
ground
Duties in relation to design and construction
68 Well operator must ensure well designed to allow safe 38
suspension or abandonment
69 Well operator must ensure use of appropriate materials 38
Well control equipment
70 Well operator to ensure use of suitable well control 38
equipment
4
Well examination schemes

71 Well operator must prepare and implement well 39
examination scheme
72 Well operator must retain records of well examination 40
scheme
Notice of well operations
73 Well operator must notify Secretary before well-drilling 40
operations
74 Well operator must notify Secretary of certain workover 41
and well intervention operations
75 Secretary may grant exemptions from notice requirement 41
76 Well operator must make and retain daily well operation 42
reports
Part 7
Dangerous occurrences and emergencies
Notice of dangerous occurrences
77 Application 42
78 Duty holder must notify dangerous occurrences 42
Emergency response plan
79 Duty holder must prepare emergency response plan 44
80 Duty holder must regularly review emergency response 45
plan
Protection of accommodation
81 Duty holder must ensure safe accommodation 45
Arrangements for managing emergencies, evacuation,
and escape
82 Duty holder must ensure temporary refuge provided 46
83 Duty holder must establish escape routes and provide 46
offshore life-saving equipment
Management of particular hazards
84 Management of particular hazards in all installations 48
Part 8
Miscellaneous provisions
Fees
85 Fees 48
Offences
86 Offences 48
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r1 Regulations 2013 2013/208
Revocation
87 Regulations revoked 49
Schedule 1 49
Matters to be addressed by safety management systems
for installation
Schedule 2 51
Information required in notice for design or relocation
of production installation
Schedule 3 53
Information required in notice of combined operations
Schedule 4 53
Information required in safety case for installation
Schedule 5 57
Form of certificate of fitness
Schedule 6 58
Information required for verification scheme
Schedule 7 59
Information required in notice of well operations
Schedule 8 61
Information required in notice of dangerous
occurrence
Schedule 9 63
Fees
Regulations
1 Title
These regulations are the Health and Safety in Employment
(Petroleum Exploration and Extraction) Regulations 2013.
2 Commencement
These regulations come into force on 30 June 2013.
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2013/208 Regulations 2013 Part 1 r 3
Part 1
Preliminary provisions
3 Interpretation
In these regulations, unless the context otherwise requires,—
abandon, in relation to a well, means to seal the well in order
to render it permanently inoperative, and abandonment has a
corresponding meaning
Act means the Health and Safety in Employment Act 1992
certificate of fitness means a certificate of fitness of the kind
referred to in regulation 52 and issued under these regulations
by an inspection body
coal—
(a) means anthracite, bituminous coal, lignite, peat, and
sub-bituminous coal; and
(b) includes every other substance worked or normally
worked with coal
competent person means a person who has the knowledge,
experience, skill, and qualifications to carry out a task required
by these regulations
duty holder means—
(a) in relation to a production installation, the operator; and
(b) in relation to a non-production installation, the owner
emergency response plan has the meaning set out in regula-
tion 79(4)
employee has the meaning set out in regulation 4(2)
employer has the meaning set out in regulation 4(1)
former regulations means the Health and Safety in Employ-
ment (Petroleum Exploration and Extraction) Regulations
1999
independent has the meaning set out in regulation 6
inspection body means a person or organisation recognised
by the Secretary under regulation 47
inspector means a health and safety inspector appointed under
section 29(1) of the Act
installation means a production installation or a non-produc-
tion installation
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Part 1 r 3 Regulations 2013 2013/208
integrity, in relation to an installation,—

(a) means structural soundness and strength, and stability;
and
(b) in the case of a floating installation, includes buoyancy
lifeboat means a totally enclosed motor-propelled survival
craft
lower-tier production installation means an onshore produc-
tion installation where petroleum is or is intended to be pro-
duced, and in respect of which—
(a) the actual or expected average oil production over any
continuous 12-month period is below 820 barrels per
day; and
(b) the actual or expected average net gas production over
any continuous 12-month period is below 15 million
standard cubic feet of gas per day; and
(c) the amount of liquefied flammable gases (including li-
quefied petroleum gas and natural gas) that is or is likely
to be at the installation does not, at any time, exceed 50
tonnes
major accident means an event connected with an installa-
tion, including a natural event, having the potential to cause
multiple fatalities of persons on or near the installation
major accident hazard means a hazard that has the potential
to cause a major accident
major accident prevention policy means a policy required
under regulation 17
non-production installation—
(a) means any vessel or structure that functions independ-
ently of a production installation and is used or is in-
tended to be used for drilling a well; but
(b) does not include—
(i) any vessel or structure during mobilisation or de-
mobilisation; or
(ii) equipment solely used to drill a hole for conduc-
tor casing at an onshore well site
occupied, in relation to an installation, means an installation—
(a) that is normally occupied by the lesser of—
(i) 12 people; and
8
(ii) the single flight capacity of any helicopter servic-

ing the installation; and
(b) where—
(i) more than 24 hours’ occupancy in any 7-day
period is normally planned; and
(ii) overnight occupancy is normally planned
offshore means anywhere that is the seaward side of the mean
high-water mark
on an installation includes at or in an installation
operator has the meaning set out in regulation 5
owner means—
(a) the employer appointed by the permit operator to con-
trol the operation of a non-production installation; or
(b) the permit operator, if the permit operator is an em-
ployer of employees on the non-production installation,
or at the well site, and—
(i) no employer is appointed; or
(ii) the permit operator has notified the appointed
employer in writing that the permit operator is to
be treated as the owner for the purposes of these
regulations
participating interest means an undivided share of a permit
that is expressed as a percentage recorded on the permit
permit operator means the person described in section 27 of
the Crown Minerals Act 1991
petroleum—
(a) means—
(i) any naturally occurring hydrocarbon (other than
coal), whether in a gaseous, liquid, or solid state;
or
(ii) any naturally occurring mixture of hydrocarbons
(other than coal), whether in a gaseous, liquid, or
solid state; or
(iii) any naturally occurring mixture of 1 or more
hydrocarbons (other than coal), whether in a
gaseous, liquid, or solid state, and 1 or more of
the following, namely, carbon dioxide, helium,
hydrogen sulphide, or nitrogen; and
9
(b) includes—
(i) any petroleum that has been mined or otherwise
recovered from its natural condition; and
(ii) any petroleum that has been mined or otherwise
recovered but has been returned to a natural reser-
voir for storage purposes
petroleum worker—
(a) means any person employed in any capacity on an in-
stallation; and
(b) includes any contractor or subcontractor engaged to
carry out any work on the installation, and the employ-
ees of any such contractor or subcontractor
production installation—
(a) means any vessel or structure used, or intended to be
used, for any 1 or more of the following activities:
(i) the extraction of petroleum:
(ii) the separation, treatment, and initial processing
of petroleum:
(iii) the injection of gas into underground geological
formations:
(iv) the recovery of gas stored in underground geo-
logical formations; and
(b) includes—
(i) any well by which the petroleum is extracted; and
(ii) any pipe or system of pipes used to transport pet-
roleum from a well to a vessel or structure re-
ferred to in paragraph (a) or to transport gas or
liquids from that vessel or structure to a well; and
(c) includes any plant and equipment that is associated
with—
(i) any vessel or structure referred to in paragraph
(a); or
(ii) any well referred to in paragraph (b)(i); or
(iii) any pipe or system of pipes referred to in para-
graph (b)(ii); but
(d) does not include equipment that extracts petroleum for
the purpose of well testing for a period of not more than
90 days
10
safety case, in relation to an installation, means the document

containing the information required in Schedule 4
safety-critical element—
(a) means any part of an installation or its plant (including
a computer program)—
(i) that has the purpose of preventing, or limiting the
effect of, a major accident; or
(ii) the failure of which could cause or contribute
substantially to a major accident; and
(b) without limiting the generality of paragraph (a), in-
cludes plant installed at the installation for the purpose
of—
(i) detecting smoke, fire, accumulations of
flammable (and other hazardous) gases, leakages
of flammable liquids, and other events that may
require an emergency response; or
(ii) giving warning of an emergency by audible and,
where necessary, visual alarm systems; or
(iii) limiting the extent of an emergency, including—
(A) measures to combat fire and explosions:
(B) emergency shut-down systems:
(C) facilities for the monitoring and control of
the emergency and for organising evacu-
ation; or
(iv) protecting petroleum workers from explosion,
fire, heat, smoke, hazardous gas, or fumes during
any period while petroleum workers may need to
remain on an installation during an emergency;
or
(v) safely evacuating all petroleum workers to a
place of safety; or
(vi) providing safe means of escape in the event that
arrangements for evacuation fail
safety management system means a system—
(a) to assure the safe operation of an installation through
the effective management of hazards, including major
accident hazards; and
(b) that addresses the matters set out in Schedule 1
11
suspend, in relation to a well, means to render the well

temporarily inoperative, and suspension has a corresponding
meaning
verification scheme has the meaning set out in regulation 54
well—
(a) means a borehole drilled for the purpose of exploring
for, appraising, or extracting petroleum; and
(b) includes—
(i) any borehole for injection or reinjection pur-
poses; and
(ii) any down-hole pressure containing equipment;
and
(iii) any pressure-containing equipment on top of the
well
well intervention operation means an operation in which a
well is re-entered for a purpose other than to continue drilling
or to maintain or repair it
well operation—
(a) means the drilling, completion, suspension, or abandon-
ment of a well; and
(b) includes—
(i) the recommencement of drilling after a well has
been completed, suspended, or abandoned; and
(ii) any other operation in relation to a well during
which there may be an accidental release of fluids
from the well that could give rise to the risk of a
major accident
well operator, in relation to a well or proposed well, means—
(a) the employer appointed by the permit operator to per-
form the function of organising and supervising—
(i) the drilling of that well; and
(ii) all operations to be carried out by means of that
well; or
ployer of employees at the well site and—
employer in writing that the permit operator is to
12
be treated as the well operator for the purposes of

these regulations
workover operation means an operation in which a well is
re-entered for the purpose of maintaining or repairing it.
4 Meaning of employer and employee

(1) In these regulations, employer includes—
(a) a person who controls a place of work; and
(b) a principal who controls the place of work at which a
contractor or subcontractor, or an employee of a con-
tractor or subcontractor, works.
(2) In these regulations, employee,—
(a) in relation to a person who controls a place of work,
means a person lawfully at work in the place; and
(b) in relation to a principal, means an employee of a con-
tractor or subcontractor or, if a contractor or subcon-
tractor is an individual, the contractor or subcontractor.
5 Meaning of operator
(1) In these regulations, operator means—
(a) the employer appointed by the permit operator to man-
age and control the execution of the main functions of
a production installation; or
ployer of employees working on the production instal-
lation and—
employer in writing that the permit operator is
to be treated as the operator for the purposes of
these regulations; or
(iii) despite the appointment of an employer, the per-
mit operator is in fact managing and controlling
the execution of the main functions of the pro-
duction installation.
(2) Subclause (1)(b)(iii) overrides subclause (1)(a).
13
6 Meaning of independent
In these regulations, a person is independent in the exercise
of a function if—
(a) the function does not involve the examination of any
thing for which the person has or has had a level of re-
sponsibility that could compromise the person’s objec-
tivity; or
(b) the function involves the examination of a thing and the
person—
(i) is sufficiently independent of and separate from
the line management of the thing to ensure that
the person will be objective in the exercise of his
or her function; and
(ii) is sufficiently free from any influence that could
compromise the person’s independence, includ-
ing influence of an operational or financial na-
ture.
Relationship between Act and regulations

7 Relationship between Act and regulations
A person on whom a duty is imposed by these regulations in
relation to a particular set of circumstances must, on the occur-
rence of those circumstances, comply with that duty, despite
the fact that the Act may impose the same, a similar, or an
additional duty on that person in relation to that set of circum-
stances.
Compliance by previous duty holder or well

operator
8 Compliance by previous duty holder of installation or
well operator counted as compliance by successor
(1) This regulation applies to a duty holder of an installation and
a well operator.
(2) If a duty holder or well operator to whom this regulation ap-
plies is succeeded by a new duty holder or well operator, any-
thing done in compliance with these regulations by the duty
holder or well operator, as the case may be, must be treated as
having been done by their successor.
14
Part 2
General duties
9 Application
This Part applies to non-production installations and produc-
tion installations.
10 Duty holder must ensure safety of installation

(1) The duty holder must take all practicable steps to ensure that—
(a) the installation is safe for any person on or near the
installation; and
(b) all work and other activities carried out on the instal-
lation are carried out in a manner that is safe for any
person on or near the installation.
(2) The duty holder must ensure that the installation at all times
possesses such integrity as is reasonably practicable.
11 Duty holder must appoint installation manager

(1) The duty holder must appoint a competent person (the instal-
lation manager) to manage, on the duty holder’s behalf, the
installation and the petroleum workers on it.
(2) The duty holder must—
(a) ensure that the installation is at all times under the
charge of an installation manager; and
(b) provide the installation manager with appropriate re-
sources to carry out his or her functions; and
(c) ensure that the identity of the installation manager is
known to or readily ascertainable by every petroleum
worker on the installation.
12 Petroleum workers must comply with instructions

Every petroleum worker must—
(a) comply with the instructions of the installation manager
so far as is necessary to enable the installation manager
to discharge his or her function described in regulation
11(1); and
(b) comply with the instructions of the duty holder or well
operator (as the case may require) for the purpose of
15
enabling the duty holder or well operator to comply with

the Act and these regulations.
13 Duty holder must take steps to manage hazardous liquids,

vapours, or gases
The duty holder must take all practicable steps to—
(a) prevent the uncontrolled release of hazardous liquids,
vapours, or gases; and
(b) prevent the uncontrolled accumulation of hazardous
vapours or gases; and
(c) detect hazardous accumulation of vapours or gases; and
(d) protect petroleum workers who work in areas where
hazardous liquids, vapours, or gases may exist, in par-
ticular, confined spaces.
14 Duty holder must take steps to ensure safe disposal of

waste petroleum
The duty holder must take all practicable steps to ensure the
safe disposal of any waste petroleum, vapours, or gases.
15 Duty holder must take precautions with sources of ignition

The duty holder must take all practicable steps to prevent
sources of ignition being carried into or used in areas where
such sources of ignition may create a hazard.
Part 3
Lower-tier production installations
16 Application
This Part applies only to lower-tier production installations.
17 Operator must establish major accident prevention policy

(1) The operator of a lower-tier production installation must—
(a) prepare a major accident prevention policy for the in-
stallation; and
(b) implement the policy before the installation commences
operations.
(2) The purpose of the policy is to prevent the occurrence of major
accidents and limit their consequences to persons on or near
16
the installation by appropriate means, structures, and manage-

ment systems.
(3) The policy must—
(a) include measures that are proportionate to any major
accident hazards presented by the installation; and
(b) describe the operator’s overall goals and principles of
action in relation to the control of major accident haz-
ards; and
(c) demonstrate in sufficient detail that the operator has es-
tablished a safety management system that addresses
the matters set out in Schedule 1; and
(d) be in writing.
18 Operator must review major accident prevention policy

(1) The operator of a lower-tier production installation must re-
view the installation’s major accident prevention policy each
time there is any significant modification to—
(a) the installation; or
(b) any process carried out at the installation.
(2) The operator must, as a result of a review, make any adjust-
ments to the policy that are necessary to give effect to regula-
tion 17(2) and (3).
(3) In this regulation, a significant modification means any modi-
fication that is likely to—
(a) increase the likelihood of a major accident occurring; or
(b) increase the severity or extent of the harm arising from
a major accident.
19 Operator must keep records

(1) The operator of a lower-tier production installation must make
a record of—
(a) the major accident prevention policy for the installation:
(b) any revision of the policy:
(c) the findings and recommendations of any audit of the
policy and the safety management system:
(d) any actions taken or intended to be taken to implement
those recommendations.
17
(2) The operator must retain each record for at least 5 years after
it was made and store it—
(a) in a secure place on the installation; and
(b) at a separate address.
Transitional provision
20 Transitional provision relating to existing lower-tier
production installations
The operator of a lower-tier production installation that was
operating immediately before the commencement of these
regulations is not required to comply with this Part until
30 June 2014.
Part 4
Notice and safety case requirements
21 Application
tion installations other than lower-tier production installations.
Notice requirements
22 Operator must give design notice
(1) Before the design of a production installation is completed, the
operator must—
(a) prepare a design notice in accordance with subclause
(2); and
(b) give the design notice to the Secretary as soon as prac-
ticable after the design concept selection has occurred
and before making a final investment decision or com-
mencing detailed design.
(2) The design notice must contain the information required in
Schedule 2, but only to the extent that the operator can be
reasonably expected to provide the information at the time the
design notice is given to the Secretary.
(3) If, before a safety case for the installation is given to the Sec-
retary in accordance with regulation 26(2), there is a material
change to any matter described in the design notice, the oper-
18
ator must notify the Secretary of that change as soon as prac-

ticable.
23 Operator must give relocation notice

(1) Before a production installation is to be moved to, and oper-
ated in, a new location, the operator must—
(a) prepare a relocation notice in accordance with subclause
(2); and
(b) give the relocation notice to the Secretary within suf-
ficient time to enable the operator to take into account
any matter raised by the Secretary within 90 days of be-
ing given the notice.
(2) The relocation notice must contain the information required in
Schedule 2, but only to the extent that the information is not
already contained in an accepted safety case for the installa-
tion.
24 Duty holder must give notice of combined operation

(1) A duty holder must not engage an installation in a combined
operation with another installation, unless the duty holder has
given the Secretary a notice of combined operation in accord-
ance with this regulation.
(2) A notice of combined operation must contain the information
required in Schedule 3.
(3) The requirement in subclause (1) is satisfied if—
(a) the duty holders for each installation involved in the
combined operation jointly prepare and agree to the no-
tice; and
(b) one of them gives the notice to the Secretary.
(4) The notice must be given to the Secretary by—
(a) the date that is 21 days before the duty holders intend to
commence the combined operation; or
(b) any later date that the Secretary specifies in writing.
(5) If, before the completion of the combined operation, there is a
material change in any information contained in the notice of
combined operation, the duty holders must notify the Secretary
of that change as soon as practicable.
19
(6) The requirement in subclause (5) is satisfied if done in accord-

ance with subclause (3).
(7) If there is a change in the duty holder of an installation in-
volved in a combined operation, the duty holders must give
the Secretary a notice of combined operation in accordance
with this regulation.
(8) In this regulation, combined operation means an operation
where 2 or more installations carry out a temporary operation
concurrently at the same location or, in the case of an offshore
installation, within 500 metres of each other.
Requirement for a safety case

25 Installation must not be operated without accepted safety
case
The duty holder of an installation must ensure that the instal-
lation is not operated without there being an accepted safety
case for the installation.
26 Requirements for safety case

(1) A duty holder must prepare a safety case for an installation
that contains the information required in Schedule 4.
(2) The safety case must be given to the Secretary, together with
the prescribed fee,—
(a) at least 90 days before the date on which the duty holder
intends to commence operating the installation; or
(b) by any later date that the Secretary specifies in writing.
(3) In the case of a production installation, the Secretary may
agree in writing that the safety case may relate to more than
1 installation.
27 Duty holder must consult petroleum workers

A duty holder must, when preparing or revising a safety case,
ensure there is effective consultation with, and participation
of, petroleum workers who are—
(a) identifiable at the time the safety case is being prepared
or revised; and
(b) working, or likely to be working, on the relevant instal-
lation.
20
28 Operator must prepare safety case where production

exceeds threshold quantities for lower-tier production
installation
If, in relation to an installation that is represented or treated as
being a lower-tier installation, the average petroleum produc-
tion over any continuous 12-month period, or the amount of li-
quefied flammable gas present, exceeds the applicable thresh-
old quantities specified in paragraphs (a), (b), and (c) of the
definition of lower-tier production installation in regulation 3,
the operator must, within 90 days (unless otherwise agreed by
the Secretary), prepare a safety case for the installation in ac-
cordance with regulations 26 and 27 and give it to the Secre-
tary.
Consideration of and decisions on safety cases

29 Secretary may request further information
(1) After receiving a safety case or an amended safety case, the
Secretary may request a duty holder to give further informa-
tion about any matter set out in Schedule 4.
(2) The request for further information must—
(a) be in writing; and
(b) describe by reference to Schedule 4 the matter for which
the further information is requested; and
(c) specify the date by which the further information must
be given, which must not be less than 30 days after the
date the request is sent.
(3) Any information given in response to a request must be treated
as if it were part of the original safety case.
30 Secretary must notify duty holder of decision

(1) Within 90 days of receiving a safety case, or an amended safety
case, the Secretary must—
(a) accept the safety case; or
(b) accept the safety case subject to conditions or limita-
tions; or
(c) initially reject the safety case; or
(d) in the case of an amended safety case, finally reject the
safety case.
21
(2) If the Secretary requests further information under regulation

29, the 90-day period starts on the date the Secretary receives
the further information.
(3) The Secretary must as soon as practicable after making a de-
cision about a safety case notify the duty holder in writing of
that decision.
(4) If the Secretary is unable to make a decision about a safety
case or an amended safety case within 90 days of receiving it,
the Secretary must—
(a) notify the duty holder in writing of that fact as soon as
practicable; and
(b) give the duty holder a proposed timetable for the Secre-
tary’s consideration of, and decision on, the safety case
or amended safety case.
31 Criteria for acceptance of safety case

The Secretary must accept a safety case for the operation of an
installation if satisfied that—
(a) the safety case contains all the information required in
Schedule 4; and
(b) when preparing the safety case, the duty holder has con-
sulted with petroleum workers in accordance with regu-
lation 27; and
(c) based on the information included in the safety case, it
appears that compliance with the safety case is likely
to constitute compliance with the requirements of these
regulations; and
(d) there is no reason to believe that the duty holder will not
comply with the safety case; and
(e) the safety case is appropriate for the installation and for
the activities to be conducted at the installation.
32 Secretary may impose limits or conditions on safety case

The Secretary may, when accepting a safety case, impose limi-
tations or conditions on the safety case that relate to the instal-
lation or the activities carried out at the installation.
22
33 Secretary may reject safety case

(1) The Secretary must initially reject a safety case if the safety
case does not meet the criteria set out in regulation 31.
(2) If the Secretary initially rejects a safety case, the Secretary
must—
(a) notify the duty holder of the reasons for the decision;
and
(b) give the duty holder a reasonable opportunity to amend
the safety case and resubmit it for acceptance.
(3) If the duty holder gives the Secretary an amended safety case,
the Secretary must—
(a) accept the safety case, if the Secretary is satisfied that it
meets all the criteria set out in regulation 31; or
(b) finally reject the safety case.
(4) If the Secretary accepts the amended safety case, the Secre-
tary may impose limitations or conditions in accordance with
regulation 32.
(5) To avoid doubt, the fact that the Secretary has finally rejected a
safety case for an installation does not prevent the duty holder
from giving the Secretary a new safety case for that installation
in accordance with regulation 26.
Revision of safety cases

34 Safety case must be revised in certain situations
(1) A duty holder of an installation in respect of which there is
an accepted safety case must prepare a revised safety case and
give it to the Secretary if—
(a) the technical knowledge relied upon to formulate the
safety case, including the knowledge of systems for
identifying hazards and evaluating risks of major acci-
dents, is outdated so that the safety case no longer ad-
equately provides the information required in Schedule
4; or
(b) the duty holder proposes to modify the installation or
decommission the installation, and the proposed modifi-
cation or decommissioning is not adequately addressed
in the safety case; or
23
(c) a series of proposed modifications to the installation

could result in a significant cumulative change in the
overall level of risk of major accidents; or
(d) the duty holder proposes to change the safety manage-
ment system significantly; or
(e) the activities to be carried out at the installation are
different from the activities contemplated in the safety
case; or
(f) there has been a significant increase in the level of risk
associated with any major accident hazard.
(2) If any of subclause (1)(a) to (f) apply, a revised safety case
must be given to the Secretary as soon as practicable, together
with the prescribed fee.
(3) The Secretary may agree, in writing, that the revised safety
case may take the form of revisions to a part or specified parts
of the accepted safety case.
35 Secretary may request revised safety case

(1) The duty holder of an installation in respect of which there is
an accepted safety case must prepare a revised safety case and
give it to the Secretary, together with the prescribed fee, if the
Secretary so requests in writing.
(2) The Secretary may agree in writing that the revised safety case
may take the form of revisions to a part or specified parts of
the accepted safety case.
(3) A request under subclause (1) must include—
(a) the matters to be addressed by the revised safety case;
and
(b) the date by which the revised safety case must be given,
which must not be less than 30 days after the date on
which the request is sent; and
(c) the grounds for the request.
(4) The duty holder may make a submission to the Secretary, re-
questing the Secretary to—
(a) withdraw the request for a revised safety case; or
(b) vary the matters to be addressed by the revised safety
case; or
24
(c) allow the revised safety case to be given after the date
proposed.
(5) A submission under subclause (4) must be in writing, set out
the reasons for the request, and be made—
(a) not more than 21 days after the duty holder receives the
request from the Secretary; or
(b) by a later date specified in writing by the Secretary.
(6) If the Secretary receives a submission from the duty holder
under subclause (4), the Secretary must—
(a) withdraw the request for a revised safety case; or
(b) vary the request, whether in accordance with the sub-
mission made by the duty holder or otherwise; or
(c) require the revised safety case to be given to the Secre-
tary by a later date specified in writing by the Secretary;
or
(d) reject the submission and confirm the request.
(7) The Secretary must give the duty holder written notice of the
Secretary’s decision, including the grounds for the decision if
the duty holder’s submission is rejected in whole or in part.
36 Duty holder must give revised safety case within 5 years

(1) The duty holder of an installation in respect of which there
is an accepted safety case must prepare a revised safety case
and give it to the Secretary, together with the prescribed fee,
no later than the date that is 5 years after the date on which a
safety case for the installation was accepted.
(2) Subclause (1) applies regardless of whether a revised safety
case required under regulation 34 or 35 has been accepted
within the 5-year period.
(3) The duty holder must comply with regulations 26 and 27 when
preparing the revised safety case.
37 Decision on revised safety case

(1) If a duty holder provides a revised safety case to the Secretary
under any of regulations 34 to 36, regulations 29 to 33 apply,
except as modified by subclauses (2) and (3).
(2) Any request for further information under regulation 29 must
specify the date by which the further information must be pro-
25
vided, which must not be less than 10 days after the date the
request is sent.
(3) The Secretary must make a decision, and notify the duty holder
of the decision, in accordance with regulation 30 within 30
days of receiving the revised safety case (unless the Secretary
acts in accordance with regulation 30(4)).
(4) To avoid doubt, the accepted safety case for the installation
continues to have effect if the Secretary finally rejects the re-
vised safety case.
Withdrawal of acceptance of safety case

38 Secretary may withdraw acceptance of safety case
(1) The Secretary may withdraw acceptance of an accepted safety
case if—
(a) a duty holder fails to comply with the duty holder’s duty
under regulation 39; or
(b) a duty holder fails to comply with a notice issued by an
inspector under the Act; or
(c) a duty holder fails to provide a revised safety case where
required under regulation 34, 35, or 36; or
(d) the Secretary has finally rejected a revised safety case.
(2) Before withdrawing acceptance of a safety case, the Secretary
must give the duty holder 30 days’ notice, in writing, of the
intention to do so, together with—
(a) the grounds for the Secretary’s proposal to withdraw
acceptance of the safety case; and
(b) notice that the duty holder may make submissions, in
writing, on the proposal to withdraw acceptance of the
safety case; and
(c) a date by which the duty holder must make those sub-
missions; and
(d) a date by which the withdrawal will become effective.
(3) The Secretary may provide a copy of the notice to any other
person.
(4) The duty holder may, by the date specified by the Secretary,
make written submissions to the Secretary in relation to the
proposed withdrawal.
26
(5) Before making a final decision to withdraw acceptance of a

safety case, the Secretary must have regard to, as applicable,—
(a) any written submissions made by the duty holder by the
date specified by the Secretary:
(b) any action taken by the duty holder to address a matter
that was a ground for the Secretary’s proposal to with-
draw acceptance of the safety case:
(c) any action taken by the duty holder to prevent recur-
rence of a matter that was a ground for the Secretary’s
proposal to withdraw acceptance of the safety case.
Compliance with safety case requirements

39 Duty holder must ensure compliance with safety case
requirements
(1) The duty holder must, as applicable, operate, modify, main-
tain, and decommission an installation in a manner that is con-
sistent with the accepted safety case and any conditions or
limitations imposed by the Secretary.
(2) In subclause (1), a reference to installation includes any part
of that installation.
40 Secretary may consent to conduct of activity otherwise

than in accordance with safety case
(1) Despite regulation 39, the Secretary may consent in writing to
a duty holder conducting an activity in a manner different from
that set out in the accepted safety case for the installation.
(2) Without limiting the generality of subclause (1), the Secretary
may give such consent where—
(a) there has been an accident or emergency on the instal-
lation, or other unforeseen circumstances have arisen;
and
(b) it is in the interests of the health and safety of persons
on or near the installation to do so.
(3) The Secretary may not give consent under subclause (1) unless
the Secretary is satisfied that the activity will not significantly
increase existing risks, or create significant new risks, to the
health and safety of persons on or near the installation.
27
Duty holder to retain records

41 Duty holder must retain records of safety case
(1) The duty holder must make a record of—
(a) the safety case for the installation:
(b) any revision to the safety case:
(c) the findings and recommendations of any audit of the
safety case and safety management system:
(d) any actions that will be, or have been, taken to imple-
ment those recommendations.
(2) The duty holder must retain a record referred to in subclause
(1) for at least 5 years after it was made, and store it—
(a) in a secure place on the installation; and
(b) at a separate address nominated for the installation.
Transitional provisions relating to safety cases

42 Transitional provision for existing offshore installations
(1) A safety case for an offshore installation that was prepared
under the former regulations and sent to the Secretary under
regulation 22 of those regulations is deemed to be an accepted
safety case for the purposes of these regulations.
(2) For the purposes of regulation 36, the 5-year period begins on
the date on which the Secretary received the safety case under
the former regulations.
43 Transitional provision for other existing installations

(1) This regulation applies to installations (other than offshore in-
stallations) that were operating immediately before the com-
mencement of these regulations.
(2) A duty holder of an installation to which this regulation ap-
plies—
(a) is not required to comply with regulations 25 to 41 until
30 June 2016; but
(b) must prepare a safety case for the installation in accord-
ance with regulations 26 and 27 and give it to the Sec-
retary by 24 December 2014.
(3) Once the duty holder has complied with subclause (2)(b), regu-
lations 29 to 33 apply accordingly.
28
Part 5
Certificates of fitness and verification
schemes for offshore installations
44 Application
This Part applies to non-production installations, and produc-
tion installations, operating offshore.
Certificates of fitness
45 Duty holder must ensure installation has compliant
certificate of fitness
(1) A duty holder must ensure that an installation is not operated
unless there is a current certificate of fitness in respect of the
safety of—
(a) the structure of the installation; and
(b) all equipment necessary for the safe operation of the
installation.
(2) The matters referred to in subclause (1)(a) and (b) may be
covered by 1 certificate, if appropriate.
(3) Subclause (1) does not apply to a duty holder operating a veri-
fication scheme.
(4) The duty holder must ensure that a copy of any certificate of
fitness is sent to the Secretary at least 30 days before the com-
mencement of operation of the installation.
46 Installation no longer complies with certificate of fitness

(1) An installation or any equipment necessary for the safe oper-
ation of an installation no longer complies with the relevant
certificate of fitness if it—
(a) sustains damage; or
(b) shows signs of deterioration that could affect the in-
tegrity of the installation or equipment; or
(c) is structurally modified or replaced.
(2) If the installation or equipment no longer complies with the
relevant certificate of fitness,—
(a) the duty holder must cease to operate that installation
or equipment unless the inspection body allows such
operation under paragraph (b):
29
(b) the inspection body may allow the duty holder to con-
tinue to operate that installation or equipment in accord-
ance with such reasonable limitations and conditions as
it notifies to the duty holder in writing, and—
(i) the certificate of fitness is subject to those limita-
tions and conditions; and
(ii) the duty holder may continue to operate the in-
stallation or equipment only within those limita-
tions or conditions (if any):
(c) the inspection body must in each case endorse on the
certificate of fitness—
(i) the reason or reasons for non-compliance; and
(ii) any limitations or conditions imposed under this
subclause.
47 Recognition of inspection bodies

The Secretary may recognise a person or organisation as an
inspection body, if satisfied that—
(a) the person or organisation operates an effective and
relevant quality assurance programme; and
(b) the person or organisation has appropriate experience
and background relevant to the certification work; and
(c) the person or organisation is currently accredited, to a
recognised industry standard, by International Accredit-
ation New Zealand on behalf of the Testing Laboratory
Registration Council or by the National Association of
Testing Authorities, Australia; and
(d) the person or organisation is likely to carry out its in-
spection work in an objective fashion that promotes
safety and the public interest; and
(e) there is no reasonably foreseeable conflict of interest be-
tween the person’s or organisation’s verification work,
inspection work, and any other work the person or or-
ganisation does or is likely to do.
48 Conditions of recognition
Recognition of any person or organisation as an inspection
body is subject to the following conditions:
30
(a) that any certificate of fitness issued by the inspection

body is in the form specified in Schedule 5:
(b) that any certificate of fitness issued by the inspection
body contains the date on which the certificate expires,
which is to be no more than 5 years from the date of
issue of the certificate:
(c) any other conditions from time to time prescribed by the
Secretary in the Gazette on the grounds that it is in the
interests of safety to do so.
49 Withdrawal of recognition
(1) The Secretary may withdraw recognition of an inspection
body if the Secretary is satisfied that—
(a) it is appropriate to do so; or
(b) the inspection body no longer complies with any provi-
sion of regulation 47 or is not complying with any con-
dition imposed by or under regulation 48.
(2) Before withdrawing recognition of an inspection body, the
Secretary must put his or her concerns to the inspection body
and consider the inspection body’s response.
50 Secretary must publish recognition or withdrawal of

recognition in Gazette
If the Secretary has recognised any person or organisation
under regulation 47, or withdrawn recognition from any per-
son or organisation under regulation 49, the Secretary must
publish a notice to that effect in the Gazette.
51 Transitional provision relating to recognition of inspection

bodies
(1) An inspection body that was recognised by the Secretary under
regulation 24 of the former regulations must be treated as hav-
ing been recognised under regulation 47 of these regulations.
(2) To avoid doubt, the Secretary may withdraw recognition of
such an inspection body in accordance with regulation 49.
31
52 Inspection body must carry out inspections and issue

certificates of fitness
(1) An inspection body must—
(a) carry out such inspections or examinations of installa-
tions, and equipment fixed to or associated with instal-
lations, as may be necessary to determine the safety of
such installations and equipment; and
(b) issue, in accordance with subclause (2), certificates of
fitness in respect of the safety of—
(i) the structure of an installation; and
(ii) equipment fixed to the structure; and
(iii) other equipment necessary for the safe operation
of an installation.
(2) The inspection body must, before issuing a certificate of fitness
under subclause (1)(b), be satisfied that all parts of the instal-
lation or equipment described in the certificate have been de-
signed, constructed, maintained, or suspended or abandoned,
in accordance with generally accepted and appropriate indus-
try practice.
(3) A certificate of fitness must be in the form specified in Sched-
ule 5 and contain the date of its expiry, which must not be more
than 5 years from the date of issue of the certificate.
53 Transitional provision relating to certificates of fitness

(1) This regulation applies to a certificate of fitness that—
(a) was issued under regulation 28 of the former regula-
tions; and
(b) is current immediately before the commencement of
these regulations.
(2) The certificate must be treated as a certificate of fitness issued
under regulation 52 and—
(a) has the expiry date set out on that certificate; and
(b) remains subject to any limitations or conditions im-
posed under regulation 28(6) of the former regulations.
32
Verification schemes
54 Meaning of verification scheme
(1) In regulations 55 to 62, verification scheme means a written
scheme for ensuring, by the means described in subclause (2),
that the safety-critical elements—
(a) are or, where they are yet to be provided, will be suit-
able; and
(b) where they have been provided, remain in good repair
and condition.
(2) The means referred to in subclause (1) are—
(a) examination, including testing where appropriate, of the
safety-critical elements by an independent and compe-
tent person:
(b) examination of any design, specification, certificate, or
other document, marking, or standard relating to the
safety-critical elements:
(c) examination of work in progress by independent and
competent persons:
(d) the taking of appropriate action following a report by an
independent and competent person:
(e) the taking of such steps as may be properly provided for
under regulation 55 and Schedule 6:
(f) the taking of any steps incidental to the means described
in this subclause.
55 Steps duty holder must take to develop verification

scheme
(1) A duty holder who intends to operate a verification scheme in
relation to an installation must ensure—
(a) a record is made of the safety-critical elements on the
installation; and
(b) the record is provided to an independent and competent
person for review and comment; and
(c) a verification scheme, providing for the matters set out
in Schedule 6, is prepared by or in consultation with an
independent and competent person; and
(d) a record is kept of any reservation expressed by the in-
dependent and competent person about—
33
(i) the contents of the record referred to in paragraph

(a); or
(ii) the verification scheme.
(2) In relation to a non-production installation or a new production
installation, a copy of the verification scheme must be given to
the Secretary at least 90 days (or any shorter period specified
by the Secretary) before the date on which the duty holder
intends to commence operating the installation.
(3) In relation to an existing production installation, a copy of the
verification scheme must be given to the Secretary at least 90
days (or any shorter period specified by the Secretary) before
the date on which the current certificate of fitness for the in-
stallation expires.
56 Recognition of verification schemes

(1) The Secretary may recognise a verification scheme by allow-
ing a duty holder to operate a verification scheme for a par-
ticular installation, if—
(a) the duty holder has provided the Secretary with a suit-
able verification scheme for the installation containing
the information required in Schedule 6; and
(b) the Secretary is satisfied that the examination work will
be carried out by an independent and competent person;
and
(c) the Secretary is satisfied that the verification scheme
will be implemented—
(i) in relation to a non-production installation or a
new production installation, before the installa-
tion commences operations:
(ii) in relation to an existing production installation,
before the current certificate of fitness expires.
(2) If the Secretary recognises a duty holder’s verification scheme,
that duty holder does not have to comply with the certification
requirements imposed under regulation 45.
57 Implementation of verification scheme

If a verification scheme has been recognised under regulation
56, the duty holder must implement the verification scheme—
34
(a) in relation to a non-production installation or a new pro-

duction installation, before the installation commences
operations:
(b) in relation to an existing production installation, before
the current certificate of fitness expires.
58 Secretary may withdraw recognition

(1) The Secretary may withdraw recognition of the verification
scheme if—
(a) the duty holder does not implement the verification
scheme in accordance with regulation 57; or
(b) the duty holder does not comply with regulations 59 to
61; or
(c) the verification scheme has been revised or replaced,
and the requirements of regulation 56(1) are not fulfilled
in respect of the revised scheme or the replacement.
(2) Before withdrawing recognition of a verification scheme, the
Secretary must put his or her concerns in writing to the duty
holder and consider the duty holder’s response.
59 Duty holder must keep verification scheme under review

(1) A duty holder who operates a verification scheme must ensure
that, as often as is appropriate,—
(a) the verification scheme is reviewed and, where neces-
sary, revised or replaced by, or in consultation with, an
independent and competent person; and
(b) a record is kept of any reservations expressed by the
independent and competent person in the course of the
revision or replacement.
(2) If a verification scheme is revised or replaced, the duty holder
must as soon as practicable send a copy of the revision or re-
placement to the Secretary.
60 Duty holder must ensure continuing effect given to

verification scheme
A duty holder must ensure that, while the installation remains
in being, effect continues to be given to the verification scheme
or any revision to or replacement of it.
35
61 Duty holder must retain record of verification scheme

(1) A duty holder who operates a verification scheme must make
and retain the following records, and store them at the nomin-
ated address, until the date that is 12 months after the verifica-
tion scheme has ceased to be current:
(a) the verification scheme, including any replacement of
it:
(b) any revision of the verification scheme:
(c) any reservations expressed by a person who reviewed—
(i) the record referred to in regulation 55; or
(ii) the verification scheme.
(2) In subclause (1), the nominated address means the address
nominated by the duty holder.
62 Transitional provision relating to verification schemes

(1) A verification scheme that was recognised by the Secretary
under regulation 26(1) of the former regulations must be
treated as a verification scheme recognised under regulation
56(1).
(2) To avoid doubt, the Secretary may withdraw recognition of a
verification scheme in accordance with regulation 58.
Part 6
Well operations
63 Application
This Part applies to all well operations.
General duties
64 Well operator’s primary duty
A well operator must ensure that a well is designed, con-
structed, commissioned, equipped, operated, maintained,
modified, suspended, and abandoned so that—
(a) so far as is reasonably practicable, there can be no un-
planned escape of fluids from the well; and
(b) risks to the health and safety of persons from the well
or anything in it, or from strata to which the well is
connected, are as low as is reasonably practicable.
36
65 Duty holder must ensure persons have adequate

knowledge, skills, support, etc
(1) A duty holder must ensure that every person who is, or is to
be, engaged in any capacity in a well operation has the neces-
sary knowledge, skills, experience, and ability to carry out his
or her responsibilities and perform his or her job safely and
effectively.
(2) A duty holder must ensure that a well operation is carried out
only in circumstances where the petroleum workers carrying
out the operation have received sufficient information, instruc-
tion, and training and are sufficiently supervised such that the
risks to the health and safety of persons from that operation
are as low as is reasonably practicable.
Assessment of conditions below ground

66 Well operator must assess conditions below ground before
well is designed
(1) Before the design of a well is commenced, a well operator must
assess—
(a) the geological strata and formations through which the
well may pass; and
(b) fluid within those strata and formations; and
(c) any hazards that those strata and formations may pre-
sent.
(2) The well operator must ensure that the findings from the as-
sessment are taken into account when the well is designed and
constructed, in order to comply with regulation 64.
67 Well operator must continue to assess conditions below

ground
(1) While well operations are being carried out, a well operator
must continue to assess—
(a) the geological strata and formations through which the
well may pass; and
(b) fluid within those strata and formations; and
(c) any hazards that those strata and formations may pre-
sent.
37
(2) If any change to any matter described in subclause (1)(a) to (c)

is observed, the well operator must, if necessary, ensure that
the following are modified in order to comply with regulation
64:
(a) the design and construction of the well:
(b) any procedures.
Duties in relation to design and construction

68 Well operator must ensure well designed to allow safe
suspension or abandonment
A well operator must ensure that a well is designed and con-
structed so that, as far as is reasonably practicable,—
(a) the well can be suspended or abandoned in a safe man-
ner; and
(b) after its suspension or abandonment, there can be no
unplanned escape of fluids from the well or from the
reservoir to which it led.
69 Well operator must ensure use of appropriate materials

A well operator must take all practicable steps to ensure that
every part of a well is composed of suitable material, in order
to comply with regulation 64.
Well control equipment

70 Well operator to ensure use of suitable well control
equipment
(1) Before any well operation is carried out, the well operator
must ensure that suitable well control equipment and associ-
ated control systems are provided to protect against the uncon-
trolled release of petroleum.
(2) When any well operation is carried out, the duty holder for the
installation must take all practicable steps to ensure that suit-
able well control equipment and associated control systems are
deployed when the well and operational conditions so require.
38
Well examination schemes

71 Well operator must prepare and implement well
examination scheme
(1) Before the design of a well is commenced or adopted, the
well operator must prepare and implement a well examination
scheme for the well.
(2) If the well operator has already prepared and implemented a
well examination scheme for another well, the well operator
may, instead of developing a new well examination scheme,
modify the existing scheme to incorporate the new well.
(3) The well operator must review and revise the well examination
scheme as often as is appropriate.
(4) In this regulation, well examination scheme means arrange-
ments for examinations of the well that are—
(a) recorded in writing; and
(b) suitable for ensuring (together with the assistance of any
other measures the well operator may take) that the well
is designed, constructed, operated, maintained, modi-
fied, suspended, and abandoned so that,—
(i) so far as is reasonably practicable, there can be
no unplanned escape of fluids from the well; and
(ii) risks to the health and safety of persons from the
well or anything in it, or from strata to which
the well is connected, are as low as is reasonably
practicable; and
(c) conducted by an independent and competent person.
(5) The well operator of a well that was completed before the com-
mencement of these regulations must—
(a) prepare and implement a well examination scheme for
the well by 30 June 2014; or
(b) if the well operator has already prepared and imple-
mented a well examination scheme for another well,
modify the existing scheme to incorporate the well in
accordance with subclause (4)(a) to (c) by 30 June 2014.
(6) If before the commencement of these regulations, the design
of a well has commenced or been adopted but the well has not
been completed, the well operator must as soon as practicable,
and no later than 30 June 2014,—
39
(a) prepare and implement a well examination scheme for

the well; or
(b) if the well operator has already prepared and imple-
mented a well examination scheme for another well,
modify the existing scheme to incorporate the well in
accordance with subclause (4)(a) to (c).
(7) To avoid doubt, this regulation does not apply to a well that
has been abandoned.
72 Well operator must retain records of well examination

scheme
A well operator must make and retain records of the following
matters, and store them at an address notified to the Secre-
tary, until the date that is 12 months after the well examination
scheme, including any revision, has ceased to be current:
(a) the well examination scheme:
(b) any revision of the well examination scheme:
(c) any examination and testing carried out:
(d) the findings of any examination and testing carried out:
(e) any remedial action recommended:
(f) any remedial action performed.
Notice of well operations

73 Well operator must notify Secretary before well-drilling
operations
(1) This regulation applies to the following well operations only:
(a) drilling, completion, suspension, and abandonment of a
well; and
(b) recommencement of drilling after a well has been com-
pleted, suspended, or abandoned.
(2) A well operator must not commence well operations to which
this regulation applies unless the well operator has given the
Secretary notice of well operations.
(3) A notice of well operations—
(a) must contain the information required in Schedule 7;
and
40
(b) must be given to the Secretary at least 21 days (or any

shorter period specified by the Secretary) before com-
mencement of the well operation.
(4) If there is a material change to any of the information provided
in a notice of well operations before completion of the relevant
well operation, the well operator must notify the Secretary, in
writing, of that change as soon as practicable.
74 Well operator must notify Secretary of certain workover

and well intervention operations
(1) This regulation applies to a workover or well intervention op-
eration that involves—
(a) an alteration to the construction of a well; or
(b) the insertion of a hollow pipe into a well.
(2) A well operator must not commence the well operation un-
less the operator has given the Secretary a notice of well op-
erations.
(3) A notice of well operations under this regulation—
(a) must contain the information required in Schedule 7;
and
(b) must be given to the Secretary at least 10 days (or any
shorter period specified by the Secretary) before com-
mencement of the well operation.
75 Secretary may grant exemptions from notice requirement

(1) The Secretary may, in writing, exempt a well operator from
the notice requirements of either or both of regulations 73 and
74.
(2) The Secretary may grant an exemption under subclause (1)
only if the Secretary is satisfied that the well operation will
not—
(a) create any significant new risks to the health and safety
of persons on or near the installation; or
(b) significantly increase existing risks to the health and
safety of persons on or near the installation.
(3) An exemption granted under subclause (1) may be—
(a) subject to conditions:
(b) for a time specified by the Secretary:
41
(c) revoked by the Secretary by notice in writing at any

time.
76 Well operator must make and retain daily well operation

reports
(1) A well operator must make and retain daily reports of any well
operation described in subclause (3) and store them at an ad-
dress notified to the Secretary, until 12 months after the aban-
donment of the well.
(2) Copies of daily reports must be made available to an inspector
on request.
(3) The well operations referred to in subclause (1) include the
following:
(a) a well-drilling operation:
(b) a well-completion operation:
(c) a workover operation:
(d) a suspension or abandonment operation:
(e) any other operation involving substantial risk of the un-
planned escape of fluids from the well.
Part 7
Dangerous occurrences and emergencies
Notice of dangerous occurrences
77 Application
tion installations.
78 Duty holder must notify dangerous occurrences

(1) A duty holder must notify the Secretary of any dangerous oc-
currence as soon as practicable after that occurrence becomes
known to the duty holder.
(2) A notice required under subclause (1)—
(a) may be provided orally or in writing; and
(b) must include the information required under Schedule
8 to the extent that it is reasonably available to the duty
holder at the time of notice.
42
(3) A duty holder must provide to the Secretary initial written no-
tice of the circumstances of the dangerous occurrence, includ-
ing the information required under Part 1 of Schedule 8, by the
latest of—
(a) 7 days after the occurrence of the dangerous occurrence;
or
(b) 7 days after the duty holder becomes aware of the dan-
gerous occurrence; or
(c) such other date specified, in writing, by the Secretary.
(4) A duty holder must provide to the Secretary a detailed written
report on a dangerous occurrence, including the information
required under Parts 1 and 2 of Schedule 8, by the latest of—
(a) 30 days after the occurrence of the dangerous occur-
rence; or
(b) 30 days after the duty holder becomes aware of the dan-
gerous occurrence; or
(c) such other date specified, in writing, by the Secretary.
(5) In this regulation, dangerous occurrence means any of the
following events that arose out of or in connection with pet-
roleum operations:
(a) an event that did not cause, but might reasonably have
caused, a major accident:
(b) a well kick that either—
(i) exceeded 8 cubic metres (or 50 barrels); or
(ii) required the well to be shut-in:
(c) an uncontrolled release of hydrocarbon vapour exceed-
ing 1 kilogram:
(d) an uncontrolled release of petroleum liquids exceeding
80 litres:
(e) the failure of any part of a well whose failure would
cause or contribute to, or whose purpose is to prevent
or limit the effect of, the unintentional release of fluids
from a well or a reservoir being drawn on by a well:
(f) damage to, or failure of, a safety-critical element that re-
quired intervention to ensure it will operate as designed:
(g) a fire or explosion at an installation:
(h) the uncontrolled or unintentional release or escape of
any substance (other than petroleum) on or from an in-
43
stallation, where that release or escape had the potential

to cause death or serious harm to any person:
(i) an unintended collapse of—
(i) an installation; or
(ii) any part of an installation; or
(iii) any plant on an installation, where that collapse
jeopardised, or could have jeopardised, the in-
tegrity of the installation:
(j) subsidence or local collapse of the seabed or ground that
could have affected the foundations, or the integrity, of
an installation:
(k) an unplanned event (other than a false alarm) that re-
quired the emergency response plan to be implemented:
(l) damage to an installation, caused by adverse weather
conditions, earthquakes, or other natural events, that
had the potential to cause death or serious harm of any
person:
(m) a collision between a vessel, aircraft, or vehicle and an
installation that resulted in damage to the installation,
the vessel, the aircraft, or the vehicle:
(n) a failure of equipment required to maintain a floating
offshore installation on station:
(o) an incident involving loss of stability or buoyancy of a
floating offshore installation.
Emergency response plan

79 Duty holder must prepare emergency response plan
(1) A duty holder of an installation must prepare an emergency
response plan for the installation.
(2) The emergency response plan must take into account the op-
erating and environmental conditions at the intended location
of the installation.
(3) The duty holder must give a copy of the emergency response
plan to the Secretary as soon as practicable after the plan is de-
veloped, and at least 30 days before commencing operations.
(4) In this regulation, emergency response plan means a plan for
responding to emergencies that occur while petroleum workers
are working on an installation, and includes—
44
(a) a description of the positions held by people authorised

to set emergency procedures in motion, and the position
held by the person in charge of co-ordinating the emer-
gency response; and
(b) in relation to foreseeable conditions or events that could
be significant in bringing about a major accident, a de-
scription of the actions that should be taken to control
the conditions or events and to limit their consequences,
including a description of the safety equipment and re-
sources available; and
(c) arrangements for limiting the risks to persons on or near
the installation, including a description of—
(i) how warnings are to be given; and
(ii) the actions that persons are expected to take on
receipt of a warning; and
(d) arrangements for training petroleum workers in the du-
ties they will be expected to perform, and, where ne-
cessary, co-ordinating that training with emergency ser-
vices; and
(e) arrangements for auditing the emergency response plan.
80 Duty holder must regularly review emergency response

plan
(1) The duty holder of an installation must, at suitable intervals
not exceeding 3 years,—
(a) review the emergency response plan; and
(b) test the plan, including by taking reasonable steps to
arrange for emergency services to participate in the test
to such extent as is necessary; and
(c) revise the plan if necessary.
(2) The duty holder must provide any revision to the emergency
response plan to the Secretary as soon as practicable after the
revision is made.
Protection of accommodation
81 Duty holder must ensure safe accommodation
A duty holder must ensure that accommodation on every oc-
cupied offshore installation is provided with—
45
(a) external fire protection designed to protect the accom-

modation; and
(b) an integrated set of active and passive measures de-
signed to prevent the ingress of smoke and other con-
taminants into the accommodation and to maintain ad-
equate fresh air within it; and
(c) ventilation intakes fitted with smoke and gas detectors
that are capable of shutting down the ventilation intakes.
Arrangements for managing emergencies,

evacuation, and escape
82 Duty holder must ensure temporary refuge provided
(1) A duty holder must ensure that a temporary refuge is provided
on every occupied offshore installation.
(2) The duty holder must ensure that every temporary refuge—
(a) is designed to protect any person in the refuge from
serious harm resulting from any release of hazardous
material on or near the installation; and
(b) contains facilities capable of operating and monitoring
emergency shutdown systems and emergency alarms,
and maintaining communication with onshore facilities.
83 Duty holder must establish escape routes and provide

offshore life-saving equipment
(1) A duty holder must ensure that, on any offshore installation,—
(a) every area that could be occupied has at least 2 separate
escape routes that are situated as far apart as practicable
and that lead to the muster area; and
(b) every such escape route and abandonment station is
readily accessible and unobstructed, and is provided
with adequate and reliable emergency lighting and pho-
toluminescent signs to assist in evacuation; and
(c) provision is made for—
(i) a means of escape leading to an upper level, in
the form of ramps or stairways; and
(ii) a means of escape leading to a lower level, in the
form of ramps, stairways, or chutes; and
46
(d) provision is made for a variety of means of escape to

sea level, which may include knotted ropes, ladders, or
scramble nets; and
(e) every person is provided with the following equipment,
which must be securely stored and readily accessible in
the event that escape from the installation is necessary:
(i) a life jacket equipped with a means of locating
persons in the water, such as a transmitting de-
vice, luminescent strips, or a locator light:
(ii) a smoke hood of a simple filter type designed to
exclude smoke for at least 10 minutes:
(iii) a waterproof torch or chemically activated light:
(iv) fireproof gloves.
(2) A duty holder must take all practicable steps to—
(a) protect persons on an offshore installation during an
emergency from the effects of fire and explosion; and
(b) ensure that any arrangements made and plant provided
in accordance with subclause (2)(a) are capable of re-
maining effective in an emergency.
(3) A duty holder must take all practicable steps to ensure that—
(a) every offshore installation is equipped with suitable and
sufficient lifeboats to safely accommodate at least twice
the maximum number of people on or at the installation
at any one time; and
(b) sufficient lifeboats to accommodate at least the number
of people on or at the offshore installation are readily
accessible from the temporary refuge; and
(c) every offshore installation is provided with life rafts
having, in the aggregate, sufficient capacity to accom-
modate safely on board at least the number of people
on or at the installation, together with suitable ropes to
enable people to obtain access to the life rafts after the
life rafts have been deployed and launched; and
(d) every offshore installation has a sufficient number of
lifebuoys, with lines attached, situated around the in-
stallation, that are ready for use in the event of a person
falling into the sea.
(4) Subclause (3) does not apply to an offshore installation that
has no associated accommodation.
47
Management of particular hazards

84 Management of particular hazards in all installations
(1) A duty holder must—
(a) ensure every person is informed, as soon as practicable
after his or her arrival on the installation, of the proced-
ure for evacuation, the significance of emergency sig-
nals, and the location of relevant life-saving equipment;
and
(b) ensure all petroleum workers on the installation are
trained in the use of life-saving appliances, and evacu-
ation techniques and procedures; and
(c) in the case of an offshore installation, ensure effective
procedures are in place for the recovery of people from
the water; and
(d) identify the installation for evacuation and rescue pur-
poses.
(2) A duty holder must take all practicable steps to—
(a) ensure all people on the installation vacate the installa-
tion in a safe and orderly manner when instructed to do
so; and
(b) in the case of an offshore installation, ensure the instal-
lation is not hazardous to other maritime users.
Part 8
Miscellaneous provisions
Fees
85 Fees
(1) The fees payable to the Secretary for the assessment of a safety
case or a revised safety case are set out in Schedule 9.
(2) If the safety case relates to more than 1 installation, the pre-
scribed fee for the safety case is payable for each installation.
Offences
86 Offences
(1) The provisions to which this regulation applies are regulations
10, 11, 12, 13, 14, 15, 17(1), 18, 19, 22, 23, 24(1), (2), (4), (5),
and (7), 25, 28, 34, 35, 36, 39, 41, 45(1), and (4), 46(2)(a), 57,
48
2013/208 Regulations 2013 Schedule 1
59, 60, 61, 64, 65, 66, 67, 68, 69, 70, 71(1), (3), (5), and (6),
72, 73(2), (3), and (4), 74(2), and (3), 76(1) and (2), 78(1), (3),
and (4), 79(1), (2), and (3), 80, 81, 82, 83(1), (2), and (3), and
84.
(2) Section 50 of the Act (which provides that every person who
fails to comply with a provision to which that section is de-
clared to apply commits an offence and is liable on conviction
to a fine) applies to the provisions of these regulations referred
to in subclause (1).
Revocation
87 Regulations revoked
The Health and Safety in Employment (Petroleum Exploration
and Extraction) Regulations 1999 (SR 1999/349) are revoked.
Schedule 1 r3
Matters to be addressed by safety
management systems for installation
The safety management system must—
Policies and objectives
(a) describe the duty holder’s overall goal and principles of action
in relation to the control of major accident hazards:
Organisation and personnel
(b) describe how the management of major accident hazards is an
integral part of management’s responsibilities at all levels in
the organisation:
(c) describe the processes for ensuring that each petroleum worker
has the necessary knowledge, skills, and abilities to meet their
responsibilities and perform their job safely and effectively:
(d) describe the processes for ensuring that petroleum workers ac-
tively participate in health and safety management activities,
including the development or revision of the safety case:
(e) describe the arrangements for ensuring that petroleum workers
are fully informed about—
(i) the hazards to which they may be exposed on the instal-
lation; and
49
Schedule 1 Regulations 2013 2013/208
(ii) the control measures and safety management system

that provide the means of eliminating or reducing the
risks associated with those hazards:
(f) in relation to a production installation, describe the arrange-
ments for establishing safe and effective working relationships
with contractors and subcontractors:
(g) in relation to a non-production installation, describe the ar-
rangements for establishing safe and effective working rela-
tionships with the principal with whom the owner has con-
tracted, and employees and contractors of the principal:
Standards and procedures
(h) describe the processes for the systematic identification of
major accident hazards and the evaluation and treatment of
risks associated with those hazards:
(i) describe the management of change process for ensuring that
health and safety implications associated with changes in or-
ganisation, personnel, procedures, practices, plant, or equip-
ment are assessed:
(j) describe the emergency plans and arrangements in place to
respond effectively to all reasonably foreseeable emergencies:
(k) describe the permit-to-work system for managing the safe per-
formance of higher-risk tasks and activities:
(l) describe the processes for ensuring that any changes to risk
profiles caused by combined operations will be identified, as-
sessed, and reduced to a level that is as low as is reasonably
practicable:
Performance monitoring
(m) provide an overview of—
(i) the arrangements in place for monitoring performance
in relation to the management of major accident hazards
and other workplace hazards:
(ii) the arrangements for reporting, analysing, and learning
from incidents and work-related illness:
(iii) the arrangements in place for independent and compe-
tent persons to audit the management of major accident
hazards and other workplace hazards:
(iv) the arrangements in place for independent and compe-
tent persons to verify that safety-critical elements re-
main effective:
50
(v) the arrangements in place for the periodic assessment of

the installation’s integrity:
(vi) the arrangements for reviewing periodically the effect-
iveness and suitability of the major accident policy and
safety management system.
Schedule 2 r 22
Information required in notice for design
or relocation of production installation
1 The name and address of the duty holder for the installation.
2 A description of the design process from an initial concept to
the submitted design and the design philosophy used to guide
the process.
3 A description of the chosen design concept, including suitable
diagrams.
4 A demonstration that the chosen design concept is inherently
safer than the alternative design options that were considered.
5 A description of the criteria used to select the chosen design
concept and the process by which the selection was made.
6 A description of how the chosen design concept is intended to
ensure that the designs to which an installation is to be con-
structed are such that, so far as is reasonably practicable,—
(a) the installation can withstand forces acting on it as are
reasonably foreseeable:
(b) the installation’s layout and configuration, including
those of its plant, will not prejudice its integrity:
(c) fabrication, transportation, construction, commission-
ing, operation, modifications, maintenance, and repair
of the installation may proceed without prejudice to its
integrity:
(d) the installation may be decommissioned and dismantled
safely:
(e) in the event of reasonably foreseeable damage to the in-
stallation, the installation will retain sufficient integrity
to enable action to be taken to safeguard the health and
safety of persons on or near it.
51
7 A description of how the chosen design concept is intended to

ensure that major accident hazards are reduced to the lowest
level that is reasonably practicable.
8 A description of—
(a) the principal systems on the installation:
(b) the installation layout:
(c) the process technology to be used:
(d) the principal features of any pipeline:
(e) any petroleum-bearing reservoir intended to be ex-
ploited using the installation:
(f) the basis of any design for any wells to be connected to
the installation.
9 A suitable plan of the intended location of the installation and
of anything that may be connected to it.
10 Particulars of the operating and environmental conditions to
which the installation may foreseeably be subject and, in the
case of an offshore installation, the properties of the seabed
and subsoil at its location.
11 Particulars of the types of operation, and activities in connec-
tion with an operation, that the installation may perform.
12 A general description of the means by which the management
system of the duty holder will ensure that the structure and
plant of the installation will be designed, selected, constructed,
and commissioned in a way that will control major accident
hazards to a level that is as low as is reasonably practicable.
13 A summary of the arrangements that will be put in place for
verifying the safety-critical elements.
14 A summary of the arrangements that will be put in place for
the periodic assessment of the installation’s integrity.
15 Where a production installation is to be moved to a new lo-
cation, an explanation of why the duty holder considers the
installation suitable for the new location.
52
Schedule 3 r 24
Information required in notice of
combined operations
1 The name and address of each duty holder preparing the notice
and a confirmation that every such duty holder has agreed to
the contents of the notice.
2 The position held by the person in charge of the combined
operation.
3 A description of how the management systems for the installa-
tions involved in the combined operation will be co-ordinated
so as to reduce the risks from a major accident.
4 Particulars of any plant to be used in connection with the com-
bined operation but which is not described in the current safety
case for any of the installations involved in the combined op-
eration.
5 A summary of the joint review carried out by all duty holders
involved, including—
(a) a description of any activities during the combined op-
eration that may involve major accident hazards on or
in connection with an installation; and
(b) a description of any risk-control measures introduced as
a result of that review.
6 A description of the combined operation and a programme of
work, which must include the dates on which the combined
operation is expected to commence and finish.
Schedule 4 r 26
Information required in safety case for
installation
1 The name and address of the duty holder for the installation.
2 A description of how the duty holder has taken into account
any matters raised by the Secretary in relation to a notice pro-
vided under regulation 22(1) or (3).
3 A summary of how the duty holder complied with regulation
27 in the preparation or revision of a safety case.
53
Safety management system

4 A detailed description of the safety management system that
provides for all activities that will, or are likely to, take place
on, or in connection with, the installation.
5 The safety management system must address the matters set
out in Schedule 1.
Installation
6 In relation to the installation,—
(a) particulars of all New Zealand and international stand-
ards that have been applied, or will be applied, in rela-
tion to the installation, or plant used on or in connection
with the installation:
(b) a description, with scale diagrams, of,—
(i) in relation to a production installation, the in-
tended location of the installation:
(ii) the main and secondary structure of the installa-
tion and its materials:
(iii) the plant and equipment of the installation:
(iv) the layout and configuration of its plant:
(v) any designated hazardous areas:
(vi) in relation to a production installation, the con-
nections to any pipeline or installation:
(vii) in relation to a production installation, any wells
to be connected to the installation:
(c) particulars of the types of operation, and activities in
connection with any operation that the installation is
capable of performing:
(d) in relation to an offshore installation, the maximum
number of persons expected to be on the installation at
any time and for whom accommodation is to be pro-
vided:
(e) particulars of the range of operating and environmental
conditions within which the installation has been de-
signed to operate and how the installation’s structures
have been designed and are maintained for the stated
operating and environmental conditions:
(f) particulars of the plant and arrangements that will be
used to control the pressure in the well and prevent the
uncontrolled release of petroleum:
54
(g) in relation to a production installation, a description of

any pipeline with the potential to cause a major accident
(where applicable), including details of—
(i) the fluid that it conveys:
(ii) its dimensions and layout:
(iii) its contained volume at declared maximum al-
lowable operating pressure:
(iv) any apparatus and works intended to secure
safety:
(h) in relation to an offshore installation, particulars of
plant, equipment, and procedures for diving support
and hyperbaric rescue:
(i) a description of the areas that have been classified as
hazardous, including the rated classification:
(j) a description of the systems available for early detection
of smoke, fire, accumulations of flammable (and other
hazardous) gases, leakages of flammable liquids, and
other events that may require emergency response:
(k) a description of the arrangements for giving warning of
an emergency by audible, and where necessary, visual
alarm systems to all petroleum workers on the installa-
tion:
(l) a description of the arrangements for communication
during an emergency—
(i) between persons on the installation:
(ii) in relation to an offshore installation, between
the installation and other installations, supporting
aircraft, and vessels:
(iii) between the installation and remote support loca-
tions and emergency services:
(m) a description of the measures for limiting the extent of
an emergency, including—
(i) measures to combat fire and explosion; and
(ii) emergency shutdown systems; and
(iii) facilities for the monitoring and control of the
emergency and for organising evacuation:
(n) a description of the measures taken for the protection
of petroleum workers from hazards of explosions, fire,
heat, smoke, hazardous gas, or fumes during any period
55
while petroleum workers may need to remain on an in-

stallation during an emergency:
(o) in relation to an offshore installation, a description of
the temporary refuge arrangements that offer protection
against an escalating major accident:
(p) a description of the evacuation and escape systems.
Management of major accident hazards
7 A detailed description of the formal safety assessment for the
installation, including a description of—
(a) all major accident hazards:
(b) an assessment of the risk associated with each major
accident hazard:
(c) the elimination, prevention, reduction, and mitigation
control measures that have been, or will be, taken to
reduce the risks to a level that is as low as is reasonably
practicable:
(d) the performance standards for each control measure:
(e) the assurance processes that will be put in place to con-
firm that the control measure remains fit for purpose:
(f) the process used to identify major accident hazards, as-
sess the risks, identify the control measures, and set per-
formance standards.
Performance monitoring
(a) the arrangements in place for monitoring the manage-
ment of major accident hazards and other workplace
hazards:
(b) the arrangements for reporting, analysing, and learning
from incidents and work-related illness:
(c) the arrangements for monitoring and measuring occu-
pational health exposures:
(d) the arrangements in place for independent and compe-
tent persons to audit the management of major accident
hazards and other workplace hazards:
(e) the arrangements in place for independent and compe-
tent persons to verify that safety-critical elements re-
main effective:
56
(f) the arrangements in place for the periodic assessment of

the installation’s integrity.
Schedule 5 r 52
Form of certificate of fitness
Name or description of installation
I certify that all of the following parts of this installation have been
designed, constructed, operated, maintained, or suspended or aban-
doned, as indicated below, in accordance with generally accepted and
appropriate industry practice, as indicated by compliance with the ap-
propriate part or parts of the codes of practice or standards specified:
Part (description) Code of practice Action*
The following parts of this installation have the following limitations:

Part (description) Limitation
This certificate of fitness expires on the close of [date] or, in respect

of any part of this installation, on the date on which that part no longer
complies with this certificate of fitness.
Signature:
(inspection body)
Date:
[Name of inspection body]* is an inspection body recognised by the
Secretary, such recognition being notified in the Gazette on [date], at
[page number].
*Specify whether it has been Designed (D), Constructed (C), Operated (O), Main-
tained (MS), Abandoned (A).
57
Schedule 6 rr 54, 56
Information required for verification
scheme
1 The principles to be applied by the duty holder for the instal-
lation in selecting persons—
(a) to perform functions under the scheme; and
(b) to keep the scheme under review.
2 Arrangements for the communication of information neces-
sary for the proper implementation, or revision, of the scheme
to the persons referred to in clause 1.
3 The nature and frequency of examination and testing, includ-
ing—
(a) examination (including testing where appropriate) of
the safety-critical elements; and
(b) examination of any design, specification, certificate, or
other document, marking, or standard relating to those
safety-critical elements; and
(c) examination of fabrication, construction, and repair
work in progress.
4 Arrangements for review and revision of the scheme, includ-
ing—
(a) review of the record of safety-critical elements; and
(b) review of the methods for examination of the safety-
critical elements; and
(c) revision and issue of the documented scheme.
5 The arrangements for the making and preservation of records
showing—
(a) the examination and testing carried out; and
(b) the findings; and
(c) remedial action recommended; and
(d) remedial action performed.
6 Arrangements for communicating the matters contained in
clause 5 to an appropriate level in the management system of
the duty holder for the installation.
58
Schedule 7 rr 73, 74
Information required in notice of well
operations
1 The name and address of the well operator.
2 The name of the installation from which the well operation is
to be carried out, and the name and address of the duty holder
for that installation.
3 Particulars of the fluids to be used to control the pressure of
the well.
4 Particulars of any plant not described in the current safety case
for the installation and that is to be used in connection with the
well operation.
5 Particulars of the type of well, its number, and the name of any
field development of which it may be part.
6 A description of the well operation and a programme of work
which includes—
(a) the date on which each well operation is expected to
commence and finish; and
(b) the intended operational state of the well at the end of
each well operation.
(a) any activities on or in connection with an installation
during the well operation that may involve any major
accident hazards; and
(b) any major accident hazards.
8 In the case of a well that is to be drilled,—
(a) particulars, with suitable diagrams, of—
(i) the location of the top of the well; and
(ii) the directional path of the well bore; and
(iii) its terminal depth and location; and
(iv) its position and that of nearby wells, relative to
each other; and
(b) particulars of the geological strata and formations, and
of fluids within the geological strata and formations,
through which the well may pass, and of any major ac-
cident hazards that they may contain; and
59
(c) the methodology for effectively monitoring the direc-

tion of the well bore and for minimising the likelihood
and effects of intersecting nearby wells; and
(d) a description of the design of the well, including—
(i) any standards that have been applied; and
(ii) the safe limits on its safe operation and use; and
(e) verification by an independent and competent person
(as part of the well examination scheme) of the well
design and procedures or any material change to the
well design or procedures.
9 In the case of an existing well,—
(a) a diagram of the well; and
(b) a summary of earlier operations in relation to it; and
(c) the purposes for which it has been used; and
(d) its current operational state; and
(e) its state of repair; and
(f) the physical conditions within it; and
(g) its production capacity.
10 In the case of a well that is to be suspended,—
(a) the anticipated period for which suspension is required;
and
(b) the method of suspension; and
(c) the details of any standards that have been applied; and
(d) if the well is situated offshore, whether any seabed
equipment will project above the seabed and, if so, how
it will be marked at the surface of the sea; and
(e) verification by an independent and competent person
suspension design and procedures.
11 In the case of a well that is to be abandoned,—
(a) a detailed programme of abandonment, indicating:
(i) the sequence of operations; and
(ii) the positions of cement or bridge plugs; and
(iii) the method of emplacing and testing the integrity
of plugs; and
(iv) the details of any intention to recover casing, tub-
ing, surface or down-hole equipment; and
(v) the details of any debris to be left in the hole, and
the plans for surface or seabed restoration; and
60
(b) the details of any standards that have been applied; and
(c) verification by an independent and competent person
abandonment design and procedures.
12 A description of how the well operator and the duty holder for
the installation will co-ordinate their management systems so
as to reduce the risks from a major accident.
Schedule 8 r 78
Information required in notice of
dangerous occurrence
Part 1
1 Name of the installation or location where the dangerous oc-
currence occurred.
2 Name and address of the duty holder or other person who con-
trols the worksite.
3 Time and date of dangerous occurrence.
4 Names and contact details of any witnesses.
5 Brief description of dangerous occurrence.
6 Work or activity being undertaken at time of dangerous occur-
rence.
7 Action taken to make worksite safe, including details of any
disturbance of the worksite.
8 Whether an emergency response was initiated.
Injuries
9 Name of employer of injured person(s) (if different from an-
swer in clause 2).
10 Details of injured person(s), including name, date of birth, sex,
residential address and telephone number, occupation or job
title, details of injury, and details of job being undertaken.
11 Day of shift and hour of shift (for example, 5th day of 7, first
hour of 12).
61
Part 1—continued
Fluid escape
12 Estimated quantity and composition of fluids that escaped or
burned, including known toxicity.
13 Duration of escape.
14 Weather conditions.
Serious damage
15 Equipment damaged, and to what extent.
16 Whether the equipment or installation will be shut down.
Immediate action/cause
17 Immediate action taken or intended to be taken, if any, to pre-
vent recurrence of incident.
18 Immediate cause analysis.
Part 2
Analysis and remedial action
1 Root cause analysis.
2 Actions to prevent recurrence of same or similar incident with
responsible party and completion date.
3 Copies of all documentary material either referred to or relied
on (or both) in preparing this notice, which may include, with-
out limitation, as appropriate,—
(a) witness statements:
(b) safety management system documents:
(c) drawings, diagrams, and photographs:
(d) third-party reports (audit, inspection, material analysis,
etc):
(e) internal records and correspondence.
62
2013/208 Regulations 2013 Explanatory note
Schedule 9 r 85
Fees
Fees for Fees for
assessment of assessment of
new safety case revised safety
(excl GST) case (excl GST)
Installation type ($) ($)
Non-production installation (offshore)
Mobile offshore drilling unit or drill ship 86,506 38,766
Production installation (offshore)
Floating production, storage, and offloading 101,894 54,404
unit
Production platform (with drilling or 103,631 44,456
workover capability)
Production platform 86,359 37,047
Production platform (unmanned) 73,184 34,571
Non-production installation (onshore)
Land drilling unit 70,076 34,667
Production installation (onshore)
Production facilities 71,306 34,071
Rebecca Kitteridge,
Clerk of the Executive Council.
Explanatory note
This note is not part of the regulations, but is intended to indicate
their general effect.
These regulations, which come into force on 30 June 2013, deal with
matters relating to the health and safety of people involved in the
operation of installations for petroleum exploration and extraction.
These regulations replace the Health and Safety in Employment (Pet-
roleum Exploration and Extraction) Regulations 1999 (the former
regulations).
63
Explanatory note Regulations 2013 2013/208
Part 1 provides for preliminary matters. Regulations 3 to 5, which

provide for interpretation of terms, include definitions of new terms
such as duty holder, operator, production installation, non-pro-
duction installation, and major accident. Regulation 8 is new, and
allows compliance with these regulations by a previous duty holder
or well operator to be counted as compliance by their successor.
Part 2 applies to non-production installations and production instal-
lations, and imposes duties on duty holders and petroleum workers.
Most of those duties are adapted from their counterparts in the for-
mer regulations. Regulation 10 is new, and requires a duty holder to
take all practicable steps to ensure the safety of the installation.
Part 3 applies to lower-tier production installations, and requires op-
erators of these installations to establish a major accident prevention
policy for the installation.
Part 4 sets out notice requirements and safety case requirements that
apply to operators and duty holders of non-production installations
and production installations (other than lower-tier production instal-
lations).
lations operating offshore. It requires duty holders of those installa-
tions to have a current certificate of fitness for the installation (unless
the duty holder operates a verification scheme). Part 5 also sets out
the process for the recognition of inspection bodies and verification
schemes.
Part 6 applies to well operations, and imposes duties on well oper-
ators relating to the safety of the well operation.
lations, and imposes duties on the duty holder to have an emergency
response plan and to ensure that necessary arrangements are made for
protecting accommodation, and for managing emergencies, evacu-
ation, and escape.
Part 8 provides for fees payable for the assessment of a safety case or
revised safety case (Schedule 9 refers), and specifies the provisions
of these regulations which are offence provisions for the purposes of
section 50 of the Health and Safety in Employment Act 1992.
Issued under the authority of the Acts and Regulations Publication Act 1989.
Date of notice in Gazette: 23 May 2013.
64
These regulations are administered by the Ministry of Business, Innovation, and

Employment.
12
Wellington, New Zealand:

Published under the authority of the New Zealand Government—2013
65

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2013/208

Health and Safety in Employment

Jerry Mateparae, Governor-General

At Wellington this 20th day of May 2013

Pursuant to section 21 of the Health and Safety in Employment Act

Relationship between Act and regulations

28 Operator must prepare safety case where production 21

50 Secretary must publish recognition or withdrawal of 31

Well examination schemes

integrity, in relation to an installation,—

(ii) the single flight capacity of any helicopter servic-

safety case, in relation to an installation, means the document

suspend, in relation to a well, means to render the well

be treated as the well operator for the purposes of

4 Meaning of employer and employee

Relationship between Act and regulations

Compliance by previous duty holder or well

10 Duty holder must ensure safety of installation

11 Duty holder must appoint installation manager

12 Petroleum workers must comply with instructions

enabling the duty holder or well operator to comply with

13 Duty holder must take steps to manage hazardous liquids,

14 Duty holder must take steps to ensure safe disposal of

15 Duty holder must take precautions with sources of ignition

17 Operator must establish major accident prevention policy

the installation by appropriate means, structures, and manage-

18 Operator must review major accident prevention policy

19 Operator must keep records

ator must notify the Secretary of that change as soon as prac-

23 Operator must give relocation notice

24 Duty holder must give notice of combined operation

(6) The requirement in subclause (5) is satisfied if done in accord-

Requirement for a safety case

26 Requirements for safety case

27 Duty holder must consult petroleum workers

28 Operator must prepare safety case where production

Consideration of and decisions on safety cases

30 Secretary must notify duty holder of decision

(2) If the Secretary requests further information under regulation

31 Criteria for acceptance of safety case

32 Secretary may impose limits or conditions on safety case

33 Secretary may reject safety case

Revision of safety cases

(c) a series of proposed modifications to the installation

35 Secretary may request revised safety case

36 Duty holder must give revised safety case within 5 years

37 Decision on revised safety case

Withdrawal of acceptance of safety case

(5) Before making a final decision to withdraw acceptance of a

Compliance with safety case requirements

40 Secretary may consent to conduct of activity otherwise

Duty holder to retain records

Transitional provisions relating to safety cases

43 Transitional provision for other existing installations

46 Installation no longer complies with certificate of fitness

47 Recognition of inspection bodies

(a) that any certificate of fitness issued by the inspection

50 Secretary must publish recognition or withdrawal of

51 Transitional provision relating to recognition of inspection