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/PL1 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 VICPL/1
The application seeks to effect the following 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 Barracouta to Shore Gas 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to pipeline specifications, performance, reporting and approval requirements that are no longer required or have been superseded under the current regulatory regime (and are regulated by the National Offshore Petroleum Safety and Environmental Management Authority).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 Barracouta to Shore Gas Pipeline is described in the table below, commencing at the pipeline pig launcher at the Barracouta platform, proceeding in a straight line with some minor deflections at a distance of 18,846.3 metres towards a point which intersects the coast at mean low water level at or about Easting 538293 and Northing 5773783. The pipeline terminates at the boundary of Commonwealth offshore waters at the 3 nm limit. Coordinates are based on Geodetic Datum of Australia (GDA94).
ID | DESCRIPTION | EASTING | NORTHING |
0 | Launcher at Barracouta Platform | 559101 | 5761058 |
1 | Barracouta Platform | 559107 | 5761058 |
2 | Deflection point | 559097 | 5761057 |
C1 | Crossing at VIC/SL7 (TWA65) | 559096 | 5761058 |
C2 | Crossing at VIC/PL23 (TWA200) | 559088 | 5761061 |
3 | Deflection point | 559070 | 5761068 |
4 | Deflection point | 558832 | 5761132 |
5 | Deflection point | 555961 | 5762952 |
6 | Deflection point | 553792 | 5764203 |
7 | Deflection point | 547797 | 5767982 |
8 | Deflection point | 544640 | 5769898 |
9 | Deflection point | 544275 | 5770058 |
10 | 3 Nautical Mile Point | 543223 | 5770767 |
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 by the Australian Parliament to provide a comprehensive framework for the regulation of offshore petroleum activities and greenhouse gas storage in Australian waters. This Act was introduced to address the need for effective governance and regulation of offshore petroleum and greenhouse gas storage operations to ensure environmental protection, safety, and economic benefits. The policy objective of the Act is to balance the interests of the industry with the need to protect the marine environment and public safety. The Act empowers the Titles Administrator, on behalf of the relevant offshore petroleum joint authority, to manage and regulate offshore petroleum activities and greenhouse gas storage, including the issuance and variation of pipeline licences.
In the context of the application for the variation of Pipeline Licence VIC/PL1 by Esso Australia Resources Pty Ltd and BHP Billiton Petroleum (Bass Strait) Pty Ltd, the Act facilitates the necessary adjustments to the pipeline licence to reflect changes in legislation, pipeline design, and regulatory requirements. This includes altering the licence duration, updating pipeline coordinates and maps, modifying pipeline specifications and conditions, and removing outdated conditions. The Titles Administrator, Graeme Albert Waters, has published a notice in the Australian Government Gazette to inform the public of the application and invite any written submissions within 30 days. This process ensures transparency and public participation in the regulatory framework established by the Act.
Scope and Application
The Offshore Petroleum and Greenhouse Gas Storage Act 2006 applies to the application for variation of a pipeline licence within the offshore area of Victoria, specifically concerning the Barracouta to Shore Gas Pipeline. The act is administered by the Titles Administrator on behalf of the Commonwealth–Victoria Offshore Petroleum Joint Authority. The application, made by Esso Australia Resources Pty Ltd and BHP Billiton Petroleum (Bass Strait) Pty Ltd, seeks to modify the existing Pipeline Licence VIC/PL1 to reflect legislative amendments, update pipeline design details, and remove obsolete conditions. The application process allows for written submissions from any person within 30 days of the notice appearing in the Australian Government Gazette. The geographic reach of this act is confined to the offshore area of Victoria, and it encompasses entities involved in offshore petroleum activities within this jurisdiction. While the act primarily targets offshore petroleum activities, it may also extend to other related activities or entities as defined by subordinate instruments, which can further specify the application and regulatory requirements.
Key Provisions
The Offshore Petroleum and Greenhouse Gas Storage Act 2006 (the "Act") facilitates the management of offshore petroleum and greenhouse gas storage activities within Australia, and includes provisions for the licensing and variation of pipeline operations. Under section 708, the National Offshore Petroleum Titles Administrator, on behalf of the Commonwealth-Victoria Offshore Petroleum Joint Authority, has published a notice regarding an application by Esso Australia Resources Pty Ltd and BHP Billiton Petroleum (Bass Strait) Pty. Ltd for a variation of the existing Pipeline Licence VIC/PL1. This application seeks several amendments to the licence, including the adjustment of the pipeline's duration from a fixed term to an indefinite term, the removal of certain references to former authorities, and the addition of updated pipeline coordinates and a route map. Furthermore, the application proposes to update the pipeline design details and parameters to reflect the as-constructed Barracouta to Shore Gas Pipeline, as well as the deletion of conditions that are either no longer required or have been superseded by the current regulatory regime managed by the National Offshore Petroleum Safety and Environmental Management Authority.
The Act imposes several obligations and requirements on the parties involved. The primary obligation is to submit the application for a variation of the pipeline licence to the Titles Administrator. The applicants must also ensure that all details provided in the application are accurate and comply with the requirements set out in the Act and any associated regulations. Additionally, the applicants are required to provide sufficient information to enable the Titles Administrator and any interested parties to assess the application thoroughly. The applicants must also include a detailed description of the proposed changes, including the updated pipeline coordinates and route map, and any changes to the pipeline design details and parameters. The obligations extend to ensuring that the updated information reflects the current as-constructed pipeline and complies with relevant Australian Standards.
Failure to comply with the requirements of the Act or the conditions of the licence can result in significant consequences. The Act outlines various offences and penalties for breaches, which can include both civil and criminal penalties. For example, providing false or misleading information in an application can result in fines and/or imprisonment. Under section 709, any person who contravenes a condition of a pipeline licence may be subject to a civil penalty of up to $1,100,000 or, in the case of a corporation, up to $5,500,000. Additionally, serious breaches may lead to the suspension or revocation of the licence, which could have severe operational and financial repercussions for the applicants. It is imperative that the applicants ensure full compliance with all legal requirements to avoid these potential penalties and consequences.