Establishment of a Petroleum Safety Zone – Notice A1198679 – Esso Australia Resources Pty Ltd – VIC/L9, VIC/L5 & VIC/L3 – East Pilchard 1, Halibut 1 And Marlin 1 Wells

Overview

The Offshore Petroleum and Greenhouse Gas Storage Act 2006 was enacted by the Commonwealth Parliament to address the need for comprehensive regulation of offshore petroleum activities and greenhouse gas storage in Australian waters. This Act was introduced to ensure that offshore petroleum operations and greenhouse gas storage are conducted in a manner that protects the marine environment and human health, while also promoting efficient and safe exploration and production. The Act establishes the National Offshore Petroleum Safety and Environmental Management Authority (NOPSEMA) to oversee the safety and environmental management aspects of offshore petroleum activities. The policy objective of the Act is to provide a robust framework for the regulation of offshore petroleum operations, including the establishment of safety zones to protect critical areas during operations. In the context of specific operations, NOPSEMA has the authority to establish petroleum safety zones to mitigate potential risks to safety and the environment. The notice A1198679 issued under the Act by Chris Bourne, a representative of NOPSEMA, exemplifies this regulatory function. It prohibits unauthorised vessels from entering safety zones around specific wells, namely East Pilchard 1, Halibut 1, and Marlin 1, for defined periods. This measure aims to safeguard these areas during critical phases of the operations, ensuring compliance with safety protocols and minimising the risk of accidents. Violation of these safety zones can result in severe penalties, reflecting the seriousness with which the Act treats non-compliance with safety regulations.

Scope and Application

The Offshore Petroleum and Greenhouse Gas Storage Act 2006, as applied through Notice A1198679, imposes stringent restrictions on maritime activities within designated petroleum safety zones. Specifically, this notice applies to all vessels except those under the control of the registered holders of VIC/L9, VIC/L5, and VIC/L3, and vessels operated by authorised persons who are exercising their powers under Division 5 of Part 6.6 of the Act. The safety zones are geographically defined around the wells known as East Pilchard 1, Halibut 1, and Marlin 1, extending to a distance of 500 metres from the outer edge of each well. The prohibition of entry into these zones applies only within the specified dates: 1 May to 15 July 2025 for East Pilchard 1, 1 July to 15 September 2025 for Halibut 1, and 1 August to 30 September 2025 for Marlin 1. The jurisdiction of this notice is Commonwealth, applying nationally under the Act, with enforcement managed by the National Offshore Petroleum Safety and Environmental Management Authority [NOPSEMA]. Unauthorized entry into these safety zones constitutes an offence with significant penalties, including imprisonment terms varying from 5 to 15 years, depending on the nature of the breach.

Key Provisions

The key provisions of this notice, A1198679, under section 616 of the Offshore Petroleum and Greenhouse Gas Storage Act 2006, prohibit all vessels except those under the control of the registered holders of VIC/L9, VIC/L5, and VIC/L3 and vessels operated by authorised persons, from entering or being present in the designated petroleum safety zone without written consent from NOPSEMA. This prohibition applies to a zone extending 500 metres from the outer edges of three specific wells: East Pilchard 1, Halibut 1, and Marlin 1. The geographical coordinates of these wells are provided in GDA94. The Act imposes specific obligations on parties and entities it governs, including the requirement for vessels to obtain written consent from NOPSEMA before entering the safety zone. The safety zone is active for three different periods: from 1 May to 15 July 2025 for East Pilchard 1, from 1 July to 15 September 2025 for Halibut 1, and from 1 August to 30 September 2025 for Marlin 1. Failure to comply with these restrictions may result in legal consequences. Under the Act, any person who enters or remains in the safety zone without proper authorisation commits an offence. Both the owner of the vessel and the person in command or in charge are liable for this offence. The penalties vary depending on the nature of the breach: if the breach is intentional, the maximum penalty is imprisonment for up to 15 years; if recklessness is determined, the maximum penalty is up to 12.5 years; for negligence, the maximum penalty is up to 10 years; and for strict liability offences, the maximum penalty is up to 5 years. These penalties are specified in section 616 of the Act, ensuring that there are significant deterrents for non-compliance with the safety zone regulations.