A petroleum operator in Western Australia commenced a soil sample geochemical survey without securing the necessary approval under Regulation 5 of the Petroleum and Geothermal Energy Resources (Resource Management and Administration) Regulations 2015 (RMAR). The operator mistakenly assumed that an approved Environment Plan was sufficient to begin the activity, overlooking the requirement for prior written approval from the Minister for Mines and Petroleum.
This oversight breached regulatory obligations and highlighted a critical gap in understanding the approvals framework governing petroleum operations. Although no direct environmental harm was reported, obtaining Regulation 5 approval is essential because it:
- Confers legal authority for the activity. An Environment Plan manages environmental risk, but approval under Regulation 5 provides the Minister’s, or their delegate’s, operational approval, linking the activity to title conditions and ensuring it is lawfully undertaken, including having lawful access to the land.
- Ensures the Minister is informed. Regulation 5 maintains oversight of who is conducting the survey, that methods being used are technically sound, and where and when the survey will occur.
- Ensures data integrity and management. Surveys generate valuable data. Regulation 5 ensures proper data collection and retention and timely reporting and integration of data into government databases for future access for resource planning and public interest.
- Provides transparency and compliance certainty. A formal approval record enables proportionate compliance monitoring, demonstrates responsible resource development, maintain public confidence in the regulatory system.
Actions required
This incident underscores the importance of:
- Comprehensive regulatory awareness. Operators must understand all applicable laws and regulations before initiating any activity.
- Integrated project planning. Environmental and technical approvals are distinct and must be pursued in parallel.
- Clear internal compliance protocols. Companies should establish robust internal checks to verify that all approvals are in place.
- Training and education. Staff involved in planning and executing petroleum activities should be well-informed on regulatory requirements.
To prevent similar incidents:
- Engage early with DMPE to clarify approval pathways and timelines.
- Conduct a pre-activity compliance audit to ensure all required approvals are obtained.
- Use a regulatory checklist tailored to the specific activity and location.
- Implement cross-functional review processes involving legal, environmental, and operational teams before commencing site works.
Additional information and resources
The below resources can assist industry in education around the above matter.
- Petroleum and Geothermal Energy Resources Act 1967 − Primary legislation governing petroleum exploration and development in WA.
- Petroleum and Geothermal Energy Resources (Resource Management and Administration) Regulations 2015 − Details technical approval requirements including Regulation 5.
- DMPE - Energy resources – compliance − Departmental guidance on approvals and compliance for petroleum activities.
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