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/PL23 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/PL23
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 Tarwhine to Barracouta 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to pipeline specifications, performance, reporting and approval requirements that are no longer required or have been superseded under the current regulatory regime (and are regulated by the National Offshore Petroleum Safety and Environmental Management Authority).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 Tarwhine to Barracouta pipeline is described in the table below, and displayed in the map below, commencing at the Tie-in between the Tarwhine subsea facility and the first flexible jumper and terminates at the first valve upstream of the FVO on the Barracouta platform. Coordinates are based on Geodetic Datum of Australia (GDA94).
POINT ID | DESCRIPTION | EASTING | NORTHING |
1 | TWA Wellhead | 546226.8 | 5749321.2 |
2 | Inflection Point 01 | 546240.4 | 5749329.4 |
3 | Inflection Point 02 | 546231.4 | 5749341.3 |
4 | Inflection Point 03 | 546232.9 | 5749344.5 |
5 | BTA TWA EHU Umbilical Crossing 01 | 546236.2 | 5749347.7 |
6 | BTA TWA EHU Umbilical Crossing 02 | 546251.3 | 5749361.8 |
7 | BMA350 Gas Pipeline Crossing | 552622.6 | 5755167.2 |
8 | Inflection Point 04 | 559088.3 | 5761047.9 |
9 | BTA450 Gas Pipeline Crossing | 559088.8 | 5761060.6 |
10 | Inflection Point 05 | 559088.9 | 5761063.8 |
11 | BTA150 Oil Pipeline Crossing | 559093.5 | 5761064.6 |
12 | BTA65 Gas Lift Pipeline Crossing | 559097.6 | 5761065.3 |
13 | FVO Barracouta Manifold | 559106.1 | 5761066.7 |
Coordinate set above based on GDA94 / MGA Zone 55, survey of pipeline centreline.
Overview
The Offshore Petroleum and Greenhouse Gas Storage Act 2006 was enacted by the Parliament of Australia to regulate the exploration, production and storage of offshore petroleum and greenhouse gas, as well as the construction and operation of related pipelines. The Act aims to ensure that these activities are conducted in a safe and environmentally responsible manner, balancing the need for energy resources with the protection of the marine environment. The Act provides for the licensing of offshore petroleum activities and the regulation of pipelines, including the ability to vary existing licences to reflect changes in legislation or the as-constructed status of a pipeline. The notice published in the Gazette indicates that an application has been received for the variation of Pipeline Licence VIC/PL23, and invites written submissions from interested parties within 30 days.
The Commonwealth–Victoria Offshore Petroleum Joint Authority, as the relevant regulatory body, is responsible for administering the Act and ensuring compliance with its provisions. The policy objective of the Act is to provide a framework for the sustainable and responsible development of Australia's offshore petroleum resources, while also addressing the challenges of climate change by regulating greenhouse gas storage. The Act seeks to balance the economic benefits of offshore petroleum activities with the need to protect the environment and the rights of affected communities. The variation of Pipeline Licence VIC/PL23 is an example of how the Act is applied in practice, to ensure that the regulatory framework remains up-to-date and effective in achieving its objectives.
Scope and Application
The Offshore Petroleum and Greenhouse Gas Storage Act 2006 applies to the administration and regulation of offshore petroleum activities and greenhouse gas storage within the Australian jurisdiction, specifically under the purview of the Commonwealth–Victoria Offshore Petroleum Joint Authority. The Act provides a legislative framework governing the licensing, environmental management, safety, and operational aspects of offshore petroleum and greenhouse gas storage activities. This includes the management and variation of pipeline licenses, as evidenced by the application for the variation of Pipeline Licence VIC/PL23 by Esso Australia Resources Pty Ltd and BHP Billiton Petroleum (Bass Strait) Pty. Ltd. The application is limited to administrative amendments concerning the pipeline's duration, route, specifications, and conditions, reflecting legislative changes and the current regulatory environment overseen by the National Offshore Petroleum Safety and Environmental Management Authority. The application's geographic scope is confined to the offshore area of Victoria. The Act allows for variations to be made through subordinate instruments, ensuring flexibility in the regulatory framework to accommodate changes in technology, safety standards, and operational practices.
Key Provisions
The key provisions of the notice involve an application to vary Pipeline Licence VIC/PL23, under sections 226 and 708 of the Offshore Petroleum and Greenhouse Gas Storage Act 2006 (the Act). Specifically, the application seeks to make several administrative amendments to the licence, including changes to the pipeline's duration, interpretation, conditions, and route. The changes aim to reflect legislative amendments and current regulatory requirements. The application details modifications such as the indefinite duration of the licence, the removal of references to former Designated Authorities, and the addition of as-constructed pipeline coordinates and a route map. Furthermore, it includes updates to the pipeline design details and parameters to reflect the as-constructed Tarwhine to Barracouta pipeline and the deletion of conditions that are no longer necessary or have been superseded by the National Offshore Petroleum Safety and Environmental Management Authority.
The Act imposes certain obligations on the parties involved in this process. The applicants, Esso Australia Resources Pty Ltd and BHP Billiton Petroleum (Bass Strait) Pty. Ltd., must submit a written application for the variation of the pipeline licence, including all necessary documentation and information as outlined in the notice. The National Offshore Petroleum Titles Administrator, Graeme Albert Waters, is responsible for processing the application and determining whether to approve or reject the proposed changes. Additionally, the Act mandates that any person may make a written submission to the Titles Administrator about this application within 30 days from the date of the notice.
Failure to comply with the provisions of the Act or the conditions of the pipeline licence may result in various consequences. While the notice does not explicitly detail the penalties for breach, the Act generally provides for both civil and criminal penalties for non-compliance with its requirements. Civil penalties may include fines and other monetary sanctions, while criminal penalties can involve imprisonment and fines. The maximum penalties would depend on the specific nature and severity of the breach, as outlined in other sections of the Act. It is essential for all parties involved to adhere to the requirements and procedures set forth in the Act to avoid potential legal and financial repercussions.