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/PL5 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/PL5
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 Halibut to Valve Site 1 Oil 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to pipeline specifications, performance, reporting and approval requirements that are no longer required or have been superseded under the current regulatory regime (and are regulated by the National Offshore Petroleum Safety and Environmental Management Authority).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 on the Halibut platform and terminates onshore at Valve Site 1. The Halibut platform sits in approximately 72 m of water. The MLA300 pipeline connects to the HLA600 at the subsea Marlin Tee assembly connection approximately 21.2 km from HLA platform. Coordinates are based on Geodetic Datum of Australia (GDA94).
ID | DESCRIPTION | EASTING | NORTHING |
1 | LVO at Halibut Platform | 615,258 | 5,748,494 |
2 | Crossing at the HLA-FTA Fuel Gas Pipeline | 615,231 | 5,748,488 |
3 | Crossing the MLA-MKA Fuel Gas Pipeline | 612,397 | 5,749,765 |
4 | Marlin/Halibut Tee Intersection | 608,156 | 5,766,967 |
5 | Crossing the TNA300 Gas Pipeline | 607,768 | 5,768,234 |
6 | Crossing the TNA200 Oil Pipeline | 607,750 | 5,768,262 |
7 | Crossing the WTN450 Gas Pipeline | 607,631 | 5,768,430 |
8 | Shore Crossing | 561,915 | 5,794,087 |
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 in Australian waters. This Act addresses the need for effective management and oversight of the exploration, production, and storage of petroleum and greenhouse gas in offshore areas, ensuring that these activities are conducted in a manner that is safe, environmentally responsible, and in the public interest. The Act was introduced by the Commonwealth Parliament to fill a legislative gap in the regulation of offshore petroleum and greenhouse gas operations, providing a unified legal structure to govern these activities across federal waters. The policy objective of the Act is to facilitate the responsible development of offshore resources while protecting the marine environment and ensuring public safety.
The Offshore Petroleum and Greenhouse Gas Storage Act 2006 represents a significant step forward in the regulation of offshore activities, providing a robust framework that balances the interests of industry, the environment, and the public. By establishing clear guidelines and requirements for the management of offshore petroleum and greenhouse gas operations, the Act aims to promote sustainable development and the responsible use of Australia's offshore resources. The Act empowers the relevant authorities to enforce stringent safety and environmental standards, ensuring that offshore activities are conducted in a manner that minimises risks and protects the marine ecosystem. Through this legislation, the Commonwealth seeks to achieve a balanced approach to the development of offshore resources, fostering economic growth while safeguarding the environment and public health.
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 operations in Commonwealth waters, which are defined as waters beyond the territorial sea of Australia. This Act extends to any person or entity involved in such activities or operations, including Esso Australia Resources Pty Ltd and BHP Billiton Petroleum (Bass Strait) Pty. Ltd., which have applied for variations to their pipeline licence. The Act's application is governed by the Commonwealth, extending to offshore areas under its jurisdiction, specifically in this case, the offshore area of Victoria. The application for variation of the pipeline licence VIC/PL5 includes changes to the licence duration, interpretation, conditions, and pipeline route, among others, reflecting legislative amendments and the current regulatory regime overseen by the National Offshore Petroleum Safety and Environmental Management Authority. The Act allows for subordinate instruments to further detail the application process and conditions for such variations.
Key Provisions
The primary operative sections of the Offshore Petroleum and Greenhouse Gas Storage Act 2006 as referenced in the notice include section 708, which pertains to the application for variation of a pipeline licence, and section 226(3), which allows for written submissions to the Titles Administrator within 30 days of the notice. The application from Esso Australia Resources Pty Ltd and BHP Billiton Petroleum (Bass Strait) Pty Ltd seeks to amend Pipeline Licence VIC/PL5. This includes changing the licence duration from a fixed term to an indefinite term, updating the pipeline route and coordinates, and modifying the pipeline design details and conditions to reflect current regulatory standards (sections 708 and 226(3)).
The Act imposes specific obligations on the parties involved, such as submitting accurate and updated information regarding the pipeline's route, coordinates, and specifications. These entities must ensure that any modifications reflect the as-constructed status of the pipeline and comply with relevant Australian Standards. Furthermore, they must remove any outdated references to former Designated Authorities and conditions that are no longer necessary under the current regulatory framework managed by the National Offshore Petroleum Safety and Environmental Management Authority (section 708).
Breaching the requirements outlined in the Act may result in legal consequences. While the notice does not explicitly detail penalties for non-compliance, the Act generally allows for enforcement actions against entities that fail to adhere to its provisions. Penalties for non-compliance could include fines, suspension or revocation of the pipeline licence, and potential civil or criminal charges, depending on the severity and nature of the breach. The exact penalties would be determined based on the specific circumstances and the provisions of the Act.