Establishment of a Petroleum Safety Zone – Notice A810586 – Chevron Australia Pty Ltd – Julimar Development Phase 2 Pipeline WA-29-PL In Title Area WA-49-L

Overview

The Offshore Petroleum and Greenhouse Gas Storage Act 2006 was enacted to provide a robust framework for the regulation of offshore petroleum activities and greenhouse gas storage in Australian waters, aiming to protect the marine environment and ensure the safety of offshore operations. This legislation was introduced to address the need for stringent oversight and management of the environmental risks associated with offshore petroleum exploration and production activities. The Act was passed by the Parliament of Australia and its policy objective is to balance the economic benefits of offshore petroleum activities with the imperative to protect the marine environment and public safety. The authority to issue notices and establish safety zones, such as the one referenced in the gazette, is vested in the National Offshore Petroleum Safety and Environmental Management Authority [NOPSEMA], which is tasked with enforcing compliance and mitigating risks associated with offshore operations. Under this Act, NOPSEMA has the power to declare safety zones around sensitive offshore infrastructure, prohibiting unauthorised vessels from entering these areas to prevent accidents and potential environmental harm. The recent notice by Peter Bell, a representative of NOPSEMA, establishing a petroleum safety zone around the Julimar Development Phase 2 Pipeline in the WA-29-PL area, exemplifies the practical application of these provisions. This measure underscores the importance of stringent control and monitoring of offshore activities to uphold both environmental and operational safety standards.

Scope and Application

The notice issued by Peter Bell, a representative of the National Offshore Petroleum Safety and Environmental Management Authority [NOPSEMA], pertains to the establishment of a petroleum safety zone under section 616 of the Offshore Petroleum and Greenhouse Gas Storage Act 2006. This Act applies to offshore petroleum activities and greenhouse gas storage within the Commonwealth of Australia, thereby having a national jurisdictional reach. The safety zone, which extends to a distance of 250 metres from the production manifold at specified coordinates, restricts entry to vessels controlled by Chevron Australia Pty Ltd or operated by authorised persons exercising specific powers under the Act. The notice explicitly prohibits any other vessels from entering or being present within the safety zone without written consent from NOPSEMA, thereby safeguarding the operations of Chevron Australia Pty Ltd. Any breach of this prohibition by vessel owners or persons in command or charge of the vessels constitutes an offence under the Act, with penalties ranging from fines to imprisonment for up to 15 years depending on the nature of the breach. The notice remains in effect until revoked through a subsequent publication in the gazette.

Key Provisions

The primary operative sections of the Offshore Petroleum and Greenhouse Gas Storage Act 2006, as referenced in Notice A810586, establish a petroleum safety zone around the Julimar Development Phase 2 pipeline WA-29-PL. This zone is delineated as a 250-metre radius from the outer edge of the production manifold equipment, located at specific geographic coordinates (section 616). The notice explicitly restricts any vessel not under the control of Chevron Australia Pty Ltd or operated by authorised persons exercising powers under Division 5 of Part 6.6 of the Act from entering this safety zone without written consent from NOPSEMA. The obligations imposed by the Act on the parties governed by this notice are quite clear. Chevron Australia Pty Ltd, as the entity responsible for the pipeline, must ensure that the safety zone is respected and not violated by any other vessels. Authorised persons, on the other hand, must operate within the boundaries of their granted powers and must only enter the safety zone as permitted by their authorisation. Additionally, the notice mandates that all other vessels must abstain from entering the specified safety zone unless they have obtained prior written consent from NOPSEMA. The notice outlines the severe consequences for breaches of the safety zone. Under Section 616 of the Act, any person who knowingly or recklessly enters or remains in the safety zone without authorisation commits an offence. The penalties for such breaches are substantial, varying based on the degree of culpability. For intentional breaches, the maximum penalty is imprisonment for up to 15 years. For breaches determined to be reckless, the maximum penalty is up to 12.5 years. Negligent breaches carry a maximum penalty of up to 10 years, while offences of strict liability incur a maximum penalty of up to 5 years. These penalties underscore the seriousness with which the Act treats violations of the safety zone.