Northern Territory Numbered Regulations

PETROLEUM (ENVIRONMENT) FURTHER AMENDMENT REGULATIONS 2018 (NO 28 OF 2018) - REG 6

After regulation 37

insert

Part 3A     Reporting requirements for hydraulic fracturing

37A     Report about flowback fluid

    (1)     An interest holder in relation to an activity that includes hydraulic fracturing must give the Minister a report about flowback fluid within 6 months of the flowback occurring.

    (2)     The report must contain the following information:

(a)     the identity of any chemical or NORM found in the flowback fluid;

(b)     the concentration of any chemical or NORM found in the flowback fluid;

(c)     details regarding how any chemical or NORM has been or will be managed;

(d)     details regarding how any chemical or NORM has been or will be transported;

(e)     details regarding how any chemical or NORM has been or will be treated;

(f)     details regarding any action proposed to be taken to prevent any chemical or NORM spill;

(g)     details of the emergency contingency plan included in the environment management plan to which the activity relates;

(h)     the requirements in relation to the management of any chemical or NORM of the prescribed chemical legislation.

Note for subregulation (2)(c)

Managed includes handling, collecting and storing any chemical or NORM.

    (3)     An interest holder commits an offence if the interest holder does not comply with subregulation (1).

Maximum penalty:     200 penalty units.

    (4)     An offence against subregulation (3) is an offence of strict liability.

    (5)     The Minister must publish the report on the Agency's website within 5 business days after receiving the report.

    (6)     In this regulation:

"flowback fluid "means fluid that is a mixture of hydraulic fracturing fluid and formation fluid that is allowed to flow from the well following hydraulic fracturing.

37B     Report about produced water

    (1)     An interest holder in relation to an activity that includes hydraulic fracturing must give the Minister a report about produced water within 6 months of the produced water being extracted.

    (2)     The report must contain the following information:

(a)     the identity of any chemical or NORM found in the produced water;

(b)     the concentration of any chemical or NORM found in the produced water;

(c)     details regarding how any chemical or NORM has been or will be managed;

(d)     details regarding how any chemical or NORM has been or will be transported;

(e)     details regarding how any chemical or NORM has been or will be treated;

(f)     details regarding any action proposed to be taken to prevent any chemical or NORM spill;

(g)     details of the emergency contingency plan included in the environment management plan to which the activity relates;

(h)     the requirements in relation to the management of any chemical or NORM of the prescribed chemical legislation.

Note for subregulation (2)(c)

Managed includes handling, collecting and storing any chemical or NORM.

    (3)     An interest holder commits an offence if the interest holder does not comply with subregulation (1).

Maximum penalty:     200 penalty units.

    (4)     An offence against subregulation (3) is an offence of strict liability.

    (5)     The Minister must publish the report on the Agency's website within 5 business days after receiving the report.

    (6)     In this regulation:

"produced water "means naturally occurring water that is extracted from the geological formation following hydraulic fracturing.