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 (Bass Strait) Pty. Ltd.
(ABN 29 004 228 004)
for the variation of Pipeline Licence VIC/PL26 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/PL26
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 Manager’.
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 Bream B to Bream A 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to pipeline specifications, performance, reporting and approval requirements that are no longer required or have been superseded under the current regulatory regime (and are regulated by the National Offshore Petroleum Safety and Environmental Management Authority).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 Bream B to Bream A pipeline is described in the table below, and displayed in the map below, commencing at the flange immediately downstream of the Last Valve Off (LVO) on the Bream B platform and terminating at the first flange upstream of the First Valve On (FVO) on the Bream A platform. Coordinates are based on Geodetic Datum of Australia (GDA94).
ID | DESCRIPTION | EASTING | NORTHING |
1 | LVO Bream B Manifold | 573165.75 | 5736356.95 |
2 | Inflection Point 01 | 573169.96 | 5736378.18 |
3 | Inflection Point 02 | 567311.66 | 5738412.31 |
4 | BMA350 Gas Pipeline Crossing | 567313.12 | 5738464.42 |
5 | Inflection Point 03 | 567313.23 | 5738467.90 |
6 | FVO Bream A Manifold | 567333.57 | 5738466.16 |
Overview
The Offshore Petroleum and Greenhouse Gas Storage Act 2006 was enacted to address the regulation and management of offshore petroleum and greenhouse gas storage activities, ensuring both economic and environmental considerations are balanced. This Act was introduced by the Parliament of Australia to provide a comprehensive legal framework for the licensing and operational aspects of offshore petroleum activities, including the establishment of the regulatory regime for pipeline licences. The policy objective of the Act is to facilitate the responsible development and management of offshore resources while safeguarding the environment and ensuring public safety.
In the context of this legislation, the National Offshore Petroleum Titles Administrator, on behalf of the Commonwealth-Victoria Offshore Petroleum Joint Authority, has announced an application from Esso Australia Resources Pty Ltd and BHP Billiton (Bass Strait) Pty Ltd for the variation of Pipeline Licence VIC/PL26. The application seeks to adjust the administrative details of the licence, including altering the duration from a fixed term to an indefinite term, updating pipeline route coordinates, modifying conditions, and aligning specifications with current standards. This process is in line with the Act's goal of ensuring that operational details are accurately and legally documented to reflect the current state and regulatory environment of the pipeline.
Scope and Application
The Offshore Petroleum and Greenhouse Gas Storage Act 2006 applies to the entities responsible for the offshore petroleum and greenhouse gas storage activities in Australia. Specifically, this Act applies to Esso Australia Resources Pty Ltd and BHP Billiton (Bass Strait) Pty. Ltd., as they are the applicants for the variation of Pipeline Licence VIC/PL26 in the offshore area of Victoria. The application pertains to the administrative amendments of the pipeline licence, including the duration, interpretation, conditions, route, specifications, and further conditions of the pipeline. The amendments aim to reflect legislative changes, update the pipeline design details, and remove conditions that have become obsolete or are now regulated by the National Offshore Petroleum Safety and Environmental Management Authority. This Act operates under the jurisdiction of the Commonwealth of Australia, with the Titles Administrator, Graeme Albert Waters, acting on behalf of the Commonwealth-Victoria Offshore Petroleum Joint Authority. The application notice and the subsequent amendments are subject to the provisions of the Offshore Petroleum and Greenhouse Gas Storage Act 2006, with the possibility of further regulations through subordinate instruments.
Key Provisions
The Offshore Petroleum and Greenhouse Gas Storage Act 2006 (sections 226 and 708) provides the legal framework for the administration of offshore petroleum activities and the regulation of greenhouse gas storage in Australia. In this particular instance, sections 226 and 708 are invoked to notify the public of an application from Esso Australia Resources Pty Ltd and BHP Billiton (Bass Strait) Pty. Ltd. for the variation of Pipeline Licence VIC/PL26 in the offshore area of Victoria. The application seeks several administrative amendments to the licence, including altering the licence duration from a fixed term to an indefinite term to align with legislative changes (section 226(3)). Additionally, the application proposes removing outdated references to former Designated Authorities or the 'said Manager' from the licence and adding the as-constructed pipeline coordinates and a route map (sections 226(3) and 226(4)). The application also aims to update the pipeline design details and parameters to reflect the current as-constructed Bream B to Bream A Pipeline, including relevant Australian Standards, and to delete conditions that are no longer necessary or have been superseded by the current regulatory regime overseen by the National Offshore Petroleum Safety and Environmental Management Authority.
The obligations imposed on the applicants, Esso Australia Resources Pty Ltd and BHP Billiton (Bass Strait) Pty. Ltd., include providing detailed information about the proposed variations to the pipeline licence, including as-constructed pipeline coordinates and a route map. They must also ensure that the updated pipeline design details and parameters comply with relevant Australian Standards and remove any outdated or superseded conditions from the licence. The applicants are required to submit a comprehensive application that addresses all the specified changes and provides sufficient justification for each proposed variation. Furthermore, the applicants must ensure that their application is made in accordance with the requirements set out in sections 226 and 708 of the Act, including providing the necessary documentation and meeting any prescribed deadlines.
Breach of the requirements set out in the Offshore Petroleum and Greenhouse Gas Storage Act 2006 can result in various civil or criminal consequences, depending on the nature and severity of the breach. For example, failure to comply with the provisions regarding the variation of a pipeline licence may result in the imposition of administrative penalties, such as fines or the suspension or revocation of the licence. In more serious cases, criminal offences may be charged, which could lead to substantial fines and imprisonment for individuals or corporations. The specific penalties for breaches of the Act are determined by the relevant provisions of the Act and the severity of the breach, and may vary depending on the specific circumstances of each case. It is important for the applicants to carefully consider the obligations and requirements imposed by the Act and to ensure that their application for the variation of the pipeline licence is made in full compliance with the relevant provisions.