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/PL2 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/PL2
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 Marlin 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to pipeline specifications, performance, reporting and approval requirements that are no longer required or have been superseded under the current regulatory regime (and are regulated by the National Offshore Petroleum Safety and Environmental Management Authority).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 pipeline is described in the table below, and displayed in the map below, commencing at the LVO at the Marlin A platform and terminates at the shore crossing. The pipeline travels from Marlin, which has a depth of approximately 59m, to the mean low water tide level shore crossing at Loch Sport. Coordinates are based on Geodetic Datum of Australia (GDA94).
ID | DESCRIPTION | EASTING | NORTHING |
1 | LVO Marlin A Platform | 606,836 | 5,767,902 |
2 | Crossing the MLA 150-WKF Fuel Gas Pipeline | 606,739 | 5,767,883 |
3 | Crossing the MLB450 Gas Pipeline | 606,079 | 5,767,902 |
4 | Crossing the SNA250 Oil Pipeline | 604,749 | 5,768,418 |
5 | Shore Crossing at Loch Sport | 561,249 | 5,793,586 |
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 comprehensive legal framework for the regulation of offshore petroleum and greenhouse gas storage activities within Australian waters. This Act was introduced to address the need for coordinated regulation of offshore petroleum and greenhouse gas storage activities, ensuring both economic development and environmental protection. The Act was passed by the Parliament of Australia with the aim of establishing a unified regulatory system to manage the exploration, production, storage, and transportation of petroleum and greenhouse gases offshore. The policy objective behind the Act is to facilitate sustainable development of Australia's offshore petroleum resources while safeguarding the environment and ensuring the safety of offshore operations. The Act empowers the relevant authorities to grant licenses and permits, set safety standards, and enforce compliance with environmental protection measures.
Scope and Application
The Offshore Petroleum and Greenhouse Gas Storage Act 2006 applies to entities involved in the exploration, production, and storage of petroleum and greenhouse gas in Australian waters. In this particular case, the application for variation of a pipeline licence is pertinent to Esso Australia Resources Pty Ltd and BHP Billiton Petroleum (Bass Strait) Pty. Ltd, who hold Pipeline Licence VIC/PL2. The Act governs these entities' conduct and transactions related to offshore petroleum activities in the designated areas, including the administrative amendments proposed in this case. The geographic reach of the Act extends to Commonwealth waters and offshore areas, such as the one in this notice concerning the state of Victoria. There are no explicit exclusions mentioned in this notice, but the Act may have broader exclusions that are not detailed here. The application of the Act can be extended or restricted through subordinate instruments, which may provide further guidelines and specifications on offshore petroleum activities and pipeline management.
Key Provisions
Section 708 of the Offshore Petroleum and Greenhouse Gas Storage Act 2006 outlines the procedure for applying for a variation of a pipeline licence. In this case, Esso Australia Resources Pty Ltd and BHP Billiton Petroleum (Bass Strait) Pty. Ltd. have submitted an application to vary Pipeline Licence VIC/PL2, which covers the offshore area of Victoria. The proposed amendments include changing the licence duration from a fixed term to an indefinite term, updating the pipeline route and specifications, and removing outdated references and conditions that are no longer applicable (subsection 226(3)).
The obligations imposed on the parties by the Act include the submission of a detailed application, which must include the pipeline's as-constructed coordinates and a route map. Additionally, the application should reflect any changes in the pipeline's design details, parameters, and relevant Australian Standards. Furthermore, any conditions that are no longer necessary or have been superseded by the current regulatory regime should be deleted.
Failure to comply with the provisions of the Act may result in civil or criminal consequences. While the notice does not specify the exact penalties, the Act provides for various sanctions, including fines and imprisonment. For example, section 629 of the Act provides for penalties for non-compliance with licence conditions, while section 630 imposes penalties for breaches of safety and environmental management requirements. The maximum penalties for these offences can be significant, depending on the severity and circumstances of the breach.