Establishment of a Petroleum Safety Zone – Notice A837381 – SapuraOMV Upstream (Western Australia) Pty Ltd Kanga-1 Exploration Well in WA-412-P

Overview

The Offshore Petroleum and Greenhouse Gas Storage Act 2006 was enacted to address the need for comprehensive regulation of offshore petroleum activities and greenhouse gas storage in Australian waters. This Act was introduced to provide a robust framework for the safe and environmentally responsible management of offshore petroleum and greenhouse gas storage operations, thereby ensuring the protection of human life, health, and the environment. The Act was enacted by the Parliament of Australia, reflecting a policy objective to balance the economic benefits of offshore petroleum activities with the imperative to safeguard public and environmental interests. The legislation establishes the National Offshore Petroleum Safety and Environmental Management Authority (NOPSEMA), which is tasked with the administration and enforcement of safety and environmental standards within the offshore petroleum sector. In response to specific operational activities, NOPSEMA may issue notices to establish petroleum safety zones around designated offshore locations. Such a notice, issued under the authority of the Act, aims to prevent unauthorised vessels from entering areas that pose potential risks to safety and the environment. The notice specifies a safety zone around the Kanga-1 Exploration Well in WA-412-P, prohibiting any vessel not under the control of the operator or authorised personnel from entering without written consent from NOPSEMA. This measure is intended to ensure compliance with safety protocols and to mitigate risks associated with the exploration activities in the specified zone. The prohibition is enforceable under the Act, with significant penalties for non-compliance, underscoring the importance of adhering to safety regulations in offshore operations.

Scope and Application

The Offshore Petroleum and Greenhouse Gas Storage Act 2006, through the instrument of Notice A837381 issued by Chris Bourne, a representative of the National Offshore Petroleum Safety and Environmental Management Authority (NOPSEMA), establishes a Petroleum Safety Zone around the Kanga-1 Exploration Well in WA-412-P, offshore Western Australia. This safety zone, extending to a radius of 500 metres from the well's outer edge, prohibits any vessels not controlled by SapuraOMV Upstream (Western Australia) Pty Ltd or operated by authorised persons exercising powers under the Act from entering or being present within the specified area without written consent from NOPSEMA. The notice is effective from 1 May 2022 to 30 June 2022 and applies to any vessel found to contravene the prohibition, with the owner and the person in command or in charge facing potential imprisonment depending on the level of culpability determined by the court. This legislation is an exercise of the Commonwealth's jurisdiction under the Act to regulate and ensure safety in offshore petroleum activities.

Key Provisions

The main operative sections of this legislation (section 616 of the Offshore Petroleum and Greenhouse Gas Storage Act 2006) establish a petroleum safety zone around the Kanga-1 Exploration Well, managed by SapuraOMV Upstream (Western Australia) Pty Ltd. This prohibition on unauthorised entry into the safety zone is intended to ensure the safety and environmental protection during the exploration activities. Specifically, the notice prohibits any vessels other than those under the control of SapuraOMV Upstream (Western Australia) Pty Ltd or operated by authorised persons exercising their powers under Division 5 of Part 6.6 of the Act from entering the safety zone without written consent from the National Offshore Petroleum Safety and Environmental Management Authority (NOPSEMA). The Act imposes obligations on all vessels and their operators to comply with the safety zone restrictions. These obligations include refraining from entering or remaining within the specified safety zone boundaries, which extend 500 metres from the outer edge of the Kanga-1 Exploration Well. The notice applies from 1 May 2022 to 30 June 2022, and any vessels found within the safety zone without proper authorisation will be in breach of the legislation. There are significant penalties and consequences for breaches of this legislation. According to section 616, the owner and the person in command or in charge of an unauthorised vessel that enters or remains within the safety zone are guilty of an offence. The penalties vary based on the level of fault, with the maximum penalty being imprisonment for up to 15 years if the breach is intentional, 12.5 years for recklessness, 10 years for negligence, and 5 years for strict liability. These stringent penalties underscore the importance of adhering to the safety zone regulations to prevent any potential hazards during the exploration activities.