Delegation by Joint Authority for the Eastern Greater Sunrise offshore area

Overview

The Offshore Petroleum and Greenhouse Gas Storage Act 2006 (the Act) was enacted by the Parliament of Australia to provide a regulatory framework for offshore petroleum and greenhouse gas storage activities within Australia's jurisdiction. This legislation was introduced to address the need for a comprehensive and coherent legal structure governing the exploration, development, production, and storage of petroleum and greenhouse gas resources offshore, thereby ensuring sustainable management and minimising environmental risks. The Act empowers the Minister for Resources and Northern Australia to delegate certain powers and functions to relevant officers within the Commonwealth. In a delegation under section 67 of the Act, dated 14 August 2017, Barnaby Joyce, the Minister for Resources and Northern Australia, revoked all existing delegations and delegated his powers and functions under the Act (except the power of delegation) and the associated regulations to the General Manager of the Offshore Resources Branch in the Resources Division of the Department of Industry, Innovation and Science. This delegation is aimed at facilitating effective administration and enforcement of the Act’s provisions within the designated offshore area.

Scope and Application

The C2017G00966 Gazette represents a delegation of authority under section 67 of the Offshore Petroleum and Greenhouse Gas Storage Act 2006 (the Act) within the Commonwealth of Australia. This legislation applies to the administration and regulation of offshore petroleum activities and greenhouse gas storage in Australian waters. The Act applies to persons and entities involved in the exploration, development, and production of offshore petroleum and the storage of greenhouse gases. This includes both individuals and corporate entities, as well as any relevant conduct or transactions associated with these activities. The geographical scope of the Act is national, extending to Australia's offshore areas and any related activities under the jurisdiction of the Commonwealth. The delegation of powers in this instance is specific to the Eastern Greater Sunrise offshore area and transfers the authority from the Minister for Resources and Northern Australia to the General Manager of the Offshore Resources Branch, Resources Division, Department of Industry, Innovation and Science. This delegation does not encompass the power of further delegation, which remains with the Minister. The Act and its subordinate instruments provide a framework for the governance of these critical industries, ensuring compliance and oversight of activities that impact both the environment and economic interests.

Key Provisions

The key provision of this legislation, under section 67 of the Offshore Petroleum and Greenhouse Gas Storage Act 2006 (the Act), is the delegation of specific powers and functions by the Minister for Resources and Northern Australia. This delegation transfers the authority held by the Minister, except the power of delegation itself, to the person who currently holds the office of General Manager, Offshore Resources Branch, Resources Division, Department of Industry, Innovation and Science of the Commonwealth of Australia (section 67). This office is identified as the person who will perform the duties related to the Eastern Greater Sunrise offshore area as the Joint Authority for that area. The Act imposes obligations on the delegated office to exercise the powers and functions with due diligence and in accordance with the provisions of the Act and its regulations. The office must ensure that any actions taken are consistent with the legislative framework governing offshore petroleum and greenhouse gas storage activities. The delegation aims to streamline decision-making and operational processes by empowering a specific office within the Department of Industry, Innovation and Science to act on behalf of the Minister. Failure to comply with the provisions of the Act or its regulations can result in civil or criminal consequences. While the specific offences and penalties are not detailed in this delegation, breaches of the Act can lead to substantial penalties under the Act itself. For instance, non-compliance with the Act can result in fines or imprisonment, with the severity of the penalty depending on the nature and seriousness of the offence. The Act provides for both civil and criminal sanctions, ensuring that there are significant deterrents against non-compliance. The delegation document also serves as a formal notification that all previous delegations under the Act have been revoked, thereby clarifying the current chain of authority and responsibility. This ensures that there is no ambiguity regarding who has the legal authority to act under the Act in relation to the Eastern Greater Sunrise offshore area. By explicitly stating that the powers are delegated to the General Manager of the Offshore Resources Branch, the document provides a clear directive for future actions and decision-making processes related to offshore petroleum and greenhouse gas storage activities in the specified area.