COMMONWEALTH OF AUSTRALIA
Sections 226 and 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 sections 226 and 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 the variation of Pipeline Licence VIC/PL16 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/PL16
The application seeks to affect the following administrative amendments to the licence:
Pipeline Duration, Interpretation and Conditions
- Vary the duration of the licence from a fixed tern to an indefinite term to reflect legislative amendment.
2. 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 Fortescue to Halibut 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to pipeline specifications, performance, reporting and approval requirements that are no longer required or have been superseded under the current regulatory regime (and are regulated by the National Offshore Petroleum Safety and Environmental Management Authority).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 Fortescue to Halibut pipeline is described in the table below, and displayed in the map below, commencing at the flange immediately downstream of the LVO at the Fortescue platform and terminating at the first flange upstream of the FVO on the Halibut platform. Coordinates are based on Geodetic Datum of Australia (GDA94).
POINT ID | DESCRIPTION | EASTING | NORTHING |
1 | LVO Fortescue Manifold | 611593.80 | 5748249.36 |
2 | Inflection Point 01 | 611582.32 | 5748248.88 |
3 | Inflection Point 02 | 611584.37 | 5748209.02 |
4 | Inflection Point 03 | 611592.19 | 5748196.59 |
5 | Inflection Point 04 | 611768.25 | 5748062.82 |
6 | Inflection Point 05 | 615165.48 | 5748300.51 |
7 | HLA600/650 Oil Pipeline Crossing | 615228.18 | 5748482.05 |
8 | Inflection Point 06 | 615243.79 | 5748520.50 |
9 | FVO Halibut Manifold | 615260.47 | 5748516.96 |
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 legal framework for the regulation of offshore petroleum and greenhouse gas storage activities in Australia, aiming to address gaps in existing legislation concerning the environmental, safety, and economic aspects of these activities. The Act was introduced by the Parliament of Australia, with a policy objective to ensure the sustainable development of Australia's offshore petroleum resources while safeguarding the environment and public safety. This Act empowers the National Offshore Petroleum Titles Administrator to manage the licensing and regulation of offshore activities, and it establishes the legal basis for the Commonwealth-Victoria Offshore Petroleum Joint Authority to oversee the administrative processes. The application for variation of Pipeline Licence VIC/PL16, as notified under sections 226 and 708 of the Act, exemplifies the Act's role in facilitating adjustments to existing licences to align with legislative amendments and operational realities.
Scope and Application
The Offshore Petroleum and Greenhouse Gas Storage Act 2006 applies to this variation of Pipeline Licence VIC/PL16 for the offshore area of Victoria. The application is made by Esso Australia Resources Pty Ltd and BHP Billiton Petroleum (Bass Strait) Pty Ltd, both of which are subject to the provisions of this Act. The application pertains to administrative amendments concerning the duration of the licence, interpretation, pipeline route, specifications, and conditions. These amendments seek to reflect legislative changes and updates to the pipeline design and parameters to align with the current regulatory regime managed by the National Offshore Petroleum Safety and Environmental Management Authority. The geographic reach of this application is confined to the offshore area of Victoria, which falls under the jurisdiction of the Commonwealth-Victoria Offshore Petroleum Joint Authority. The application does not specify any exclusions, exemptions, or thresholds, but it is noted that the application can be extended or restricted through subordinate instruments. Interested parties may submit written submissions to the Titles Administrator within 30 days from the date of this notice, which takes effect upon its appearance in the Australian Government Gazette.
Key Provisions
The Offshore Petroleum and Greenhouse Gas Storage Act 2006 outlines the application process for the variation of a pipeline licence, specifically in this case, Pipeline Licence VIC/PL16. The application made by Esso Australia Resources Pty Ltd and BHP Billiton Petroleum (Bass Strait) Pty Ltd seeks to amend the licence in several ways. Firstly, section 226(3) of the Act allows a person to make a written submission on the application within 30 days from the date of this notice. The key amendments proposed include altering the duration of the licence from a fixed term to an indefinite term (section 226), updating the route of the pipeline with the addition of as-constructed pipeline coordinates and a route map (section 708), and modifying the pipeline design details and parameters to reflect the current as-constructed Fortescue to Halibut pipeline (section 708). Furthermore, conditions that are no longer relevant or have been superseded by the current regulatory regime will be removed (section 708).
Under the Act, the applicants are required to submit detailed information regarding the proposed variations, including the new pipeline coordinates and a map of the pipeline route. They must also provide updated design details and parameters for the pipeline. Additionally, the applicants must ensure that all changes are compliant with current Australian Standards and regulatory requirements set by the National Offshore Petroleum Safety and Environmental Management Authority. The Titles Administrator is responsible for reviewing the application and any submissions made, and for deciding whether to approve the variation of the licence.
Failure to comply with the requirements of the Act or to submit a complete and accurate application can result in penalties. The Act does not specify exact penalties but indicates that breaches may lead to civil or criminal consequences, depending on the severity and intent of the non-compliance. The consequences may include fines, imprisonment, or both, as determined by the court. The specific penalties for breaches of the Act are governed by other sections of the legislation and relevant case law. It is crucial for the applicants to adhere strictly to the provisions of the Act to avoid any legal repercussions.