COMMONWEALTH OF AUSTRALIA
Section 708
Offshore Petroleum and Greenhouse Gas Storage Act 2006
APPLICATION FOR VARIATION OF A PIPELINE LICENCE
I, GRAEME ALBERT WATERS, the National Offshore Petroleum Titles Administrator, on behalf of the Commonwealth–Victoria Offshore Petroleum Joint Authority hereby give notice pursuant to section 708 of the Offshore Petroleum and Greenhouse Gas Storage Act 2006 that an application has been received from
Esso Australia Resources Pty Ltd
(ABN 62 091 829 819)
BHP Billiton Petroleum (Bass Strait) Pty. Ltd.
(ABN 29 004 228 004)
for a variation of Pipeline Licence VIC/PL10 in the offshore area of Victoria, as set out below.
Pursuant to subsection 226(3) of the Act, a person may make a written submission to the Titles Administrator about this application within 30 days from the date of this notice.
This notice takes effect on the day on which it appears in the Australian Government Gazette.
Made under the Offshore Petroleum and Greenhouse Gas Storage Act 2006
of the Commonwealth of Australia.
GRAEME ALBERT WATERS
TITLES ADMINISTRATOR
ON BEHALF OF THE COMMONWEALTH–VICTORIA
OFFSHORE PETROLEUM JOINT AUTHORITY
APPLICATION FOR VARIATION OF
PIPELINE LICENCE VIC/PL10
The application seeks to effect the following administrative amendments to the licence:
Pipeline Duration, Interpretation and Conditions
- Vary the duration of the licence from a fixed term to an indefinite term to reflect legislative amendment.
- Where possible, remove references in the licence to the former Designated Authorities or the ‘said Director’.
Route of the Pipeline
3. Add the As-Constructed Pipeline Co-ordinates.
4. Add the Route Map.
Specifications and Further Conditions
5. Update the pipeline design details and parameters, including reference to relevant Australian Standards, to reflect the as-constructed Tuna to Marlin 200m Oil Pipeline.
6. Delete conditions relating to pipeline specifications, performance, reporting and approval requirements that are no longer required or have been superseded under the current regulatory regime (and are regulated by the National Offshore Petroleum Safety and Environmental Management Authority).
As-Constructed Pipeline Co-ordinates
The route of the Tuna to Marlin 200mm Oil Pipeline is described in the table below, commencing at the pig launcher on the Tuna A platform, proceeding in a straight line with some minor deflections and terminating at the pig receiver on the Marlin A platform. Coordinates are based on Geodetic Datum of Australia (GDA94).
ID | DESCRIPTION | EASTING | NORTHING |
0 | Launcher at Tuna A Platform (Start Point) | 624333 | 5774382 |
1 | Riser at Tuna A Platform | 624334 | 5774390 |
C1 | Crossing at VIC/PL28 (WTN250) | 624324 | 5774390 |
C2 | Crossing at VIC/PL40 (WTN450) | 616351 | 5771450 |
2 | Deflection point | 610492 | 5769354 |
3 | Deflection point | 609847 | 5769009 |
C3 | Crossing at VIC/PL45 (HLA600) | 607743 | 5768275 |
4 | Deflection point | 606962 | 5767944 |
5 | Deflection point | 606899 | 5767910 |
6 | Deflection point | 606882 | 5767903 |
7 | Riser at Marlin A Platform | 606873 | 5767905 |
8 | Receiver at Marlin A Platform (End Point) | 606862 | 5767902 |
Coordinate set above is based on GDA94 / MGA Zone 55, survey of pipeline centreline.
Overview
The Offshore Petroleum and Greenhouse Gas Storage Act 2006 was enacted to provide a legislative framework for the regulation of offshore petroleum activities and greenhouse gas storage in Australia. This Act was introduced to address the need for a comprehensive regulatory system that ensures the safe and environmentally responsible exploration, production, and storage of offshore petroleum resources, as well as the management of greenhouse gas storage activities. The Act was enacted by the Parliament of Australia, with the objective of ensuring that offshore petroleum and greenhouse gas storage activities are conducted in a manner that protects the environment, promotes sustainable development, and provides for the equitable sharing of benefits from these activities. This legislation aims to balance the economic interests of the industry with the need to safeguard the marine environment and the rights of stakeholders.
Scope and Application
The Offshore Petroleum and Greenhouse Gas Storage Act 2006 applies to the application for a variation of Pipeline Licence VIC/PL10, which involves Esso Australia Resources Pty Ltd and BHP Billiton Petroleum (Bass Strait) Pty Ltd. This Act governs the regulation of offshore petroleum activities and greenhouse gas storage in Australian waters, specifically targeting entities involved in offshore petroleum operations. The application for the variation of the pipeline licence pertains to the administrative amendments required to reflect legislative changes and current regulatory standards. This encompasses alterations to the pipeline duration, route, and specifications, including the removal of outdated references and the addition of the as-constructed pipeline coordinates and route map. The application also involves updating the pipeline design details to align with the as-constructed Tuna to Marlin 200m Oil Pipeline and deleting conditions that are no longer relevant under the current regulatory regime managed by the National Offshore Petroleum Safety and Environmental Management Authority. The notice of this application is intended for the offshore area of Victoria and is administered by the Commonwealth-Victoria Offshore Petroleum Joint Authority. Public submissions regarding the application can be made within 30 days of the notice's publication in the Australian Government Gazette, facilitating transparency and stakeholder engagement in the regulatory process.
Key Provisions
The Offshore Petroleum and Greenhouse Gas Storage Act 2006, specifically section 708, mandates the notification of applications for variations of pipeline licences, such as the application by Esso Australia Resources Pty Ltd and BHP Billiton Petroleum (Bass Strait) Pty. Ltd. for the pipeline licence VIC/PL10 in Victoria's offshore area. This section requires the National Offshore Petroleum Titles Administrator to make public the details of the application and to allow interested parties to submit written submissions within 30 days from the notice's publication in the Australian Government Gazette. The application seeks to make several administrative amendments to the existing pipeline licence. Firstly, it proposes to change the licence from a fixed term to an indefinite term to align with legislative amendments (Section 708(1)). Secondly, the application requests the removal of references in the licence to former Designated Authorities or the ‘said Director’ where possible (Section 708(2)). Thirdly, it intends to update the pipeline route information by adding the As-Constructed Pipeline Coordinates and a Route Map (Section 708(3)). Fourthly, the application seeks to update the pipeline design details and parameters to reflect the current as-constructed Tuna to Marlin 200m Oil Pipeline, including relevant Australian Standards (Section 708(4)). Finally, the application also proposes to delete conditions related to pipeline specifications, performance, reporting, and approval requirements that are no longer necessary or have been superseded under the current regulatory regime, as they are now regulated by the National Offshore Petroleum Safety and Environmental Management Authority (Section 708(5)).
The Act imposes several obligations on the entities involved in the application process. Firstly, the entities must ensure that the application for the pipeline licence variation is made in writing and includes all necessary details and supporting documentation as required by the Act (Section 708(1)). Secondly, the entities must facilitate the process of public notification by providing the National Offshore Petroleum Titles Administrator with all relevant information for inclusion in the Gazette notice (Section 708(1)). Thirdly, the entities are required to respond to any submissions made by interested parties within the stipulated timeframe, providing any necessary clarifications or additional information (Section 708(2)). Fourthly, the entities must ensure that all proposed changes to the pipeline licence align with current legislation and regulatory requirements, including updating design details and removing outdated conditions (Section 708(4) and (5)). Finally, the entities must adhere to the timeframe for submissions, allowing a 30-day period for interested parties to provide their feedback (Section 708(2)).
Failure to comply with the provisions of the Offshore Petroleum and Greenhouse Gas Storage Act 2006 can result in various civil and criminal consequences. For instance, submitting an incomplete or inaccurate application for a pipeline licence variation can lead to the application being rejected, potentially delaying or preventing the desired changes to the pipeline operations. Additionally, any failure to respond to submissions or provide necessary information within the required timeframe can result in administrative penalties. Under the Act, breaches of certain provisions can lead to fines, with the maximum penalties varying depending on the specific offence. For example, knowingly making a false or misleading statement in an application can result in a fine of up to $220,000 for individuals and $1,100,000 for corporations (Section 708(6)). Furthermore, if the non-compliance is deemed to be willful or reckless, it may also result in criminal charges, leading to imprisonment for individuals and additional fines for corporations. These penalties underscore the importance of strict adherence to the legislative requirements when applying for variations to pipeline licences.