Nomination of Operator
Under the WHS PAGEO regulations no work is permitted on a facility or operation unless the nomination of an operator has been accepted by the regulator and the nominated operator has been added to the register being maintained by the regulator. (r.20)
It should be noted that this requirement over-rides any previous registration of operators that may have taken place when applying for pipeline licences etc.
A person operating a facility immediately before commencement day is taken to be an operator in relation to the facility under the WHS PAGEO regulations until:
- the end of the transitional period, or
- if, during the transitional period, the person engaging in operations is nominated to be the operator of the facility under regulation 21(2);
- the regulator accepts the nomination of the person under regulation 22(1), or
- the regulator rejects the nomination of the person under regulation 22(2)
Transitional period means the period of 3 months beginning on commencement day.
Person engaging in operations means any of the following:
- an operator as defined in the PSLA offshore safety regulations
- an operator as defined in the PSLA pipelines regulations
- a person lawfully engaging in an operation as defined in the PGERA regulations
- a person lawfully engaging in an operation as defined in the PPA regulations
Submitting an application for nomination and registration of an operator for a facility
Prior to the end of the transitional period, nominations for an operator for a facility must be submitted to the regulator and accepted, otherwise no work is permitted on a facility or operation.
Before completing the nomination the nominator must ensure that the nominee accepts the nomination and that they do, or will have, day-to-day control of the facility for which they are being nominated.
A guide providing information regarding preparation and lodgement of nomination of operator is currently being drafted and will be available shortly.
Who is responsible for the submission?
Nomination of an operator of a facility under the WHS PAGEO regulations can be done by:
- the owner, charterer or lessee of a facility, or
- the holder of a petroleum title or a geothermal title (including a pipeline licence), or
- a person approved by the BI Act Minister under the Barrow Island Act 2003 section 13(1). (r.21(2)(a-c))
What information is required?
Details required to be included in the written nomination are:
- the nominee’s name and contact details, including
- business address
- telephone number during business hours
- telephone number outside business hours
- the nominee’s ABN (or if the nominee does not have an ABN include ACN, ARBN OR ARSN) if applicable
- the nominee’s written consent to the nomination
- the name of the facility the subject of the nomination
- a short description of the facility the subject of the nomination
- the name and position of an officer of the nominee with sufficient authority to warrant, on behalf of the nominee, that the nominee has day-to-day management and control at the facility
How to submit?
Once the application form has been completed, submit to the regulator via email to firstname.lastname@example.org.
Guide - Nomination of an operator
This guide has an operations focus and is set out in the context of risk assessment and legislative requirements of all responsible persons.
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