NOTICE: A846969
ESTABLISHMENT OF A PETROLEUM SAFETY ZONE – NOTICE A846969 – SANTOS NA BAROSSA PTY LTD – BAROSSA DEVELOPMENT WELLS IN TITLE AREA NT/L1D
Commonwealth of Australia OFFSHORE PETROLEUM AND GREENHOUSE GAS STORAGE ACT 2006 PROHIBITION OF ENTRY INTO A PETROLEUM SAFETY ZONE | |
I, Percy Dhanbhoora, a representative of the National Offshore Petroleum Safety and Environmental Management Authority [NOPSEMA], pursuant to section 616 of the Offshore Petroleum and Greenhouse Gas Storage Act 2006, hereby prohibit all vessels other than vessels under the control of Santos NA Barossa Pty Ltd and vessels operated by authorised persons who are exercising powers under Division 5 of Part 6.6 of the above Act from entering or being present in the area of the safety zone without the consent in writing of NOPSEMA.
This petroleum safety zones extends to a distance of 500 metres, measured from each point of the outer edge of the Barossa Production Wells as described in Table 1 and shown in Figure 1.1, Figure 1.2, and Figure 1.3 below.
Table 1 - Barossa Drill Centre Petroleum Safety Zones
Petroleum Safety Zone Centres (GDA94) |
PRODUCTION WELL | LATITUDE S | LONGITUDE E |
BR-N11 | 9° 47’ 50.973” S | 130° 12’ 26.482” E |
BR-N12 | 9° 47’ 52.010” S | 130° 12’ 26.748” E |
BR-S11 | 9° 52’ 7.785” S | 130° 13’ 42.843” E |
BR-S12 | 9° 52’ 8.214” S | 130° 13’ 43.832” E |
BR-S21 | 9° 52’ 7.107” S | 130° 18’ 6.710” E |
BR-S22 | 9° 52’ 6.232” S | 130° 18’ 7.330” E |
Figure 1.1 – Barossa N1 Drill Centre Petroleum Safety Zone
Figure 1.2 – Barossa S1 Drill Centre Petroleum Safety Zone
Figure 1.3 – Barossa S2 Drill Centre Petroleum Safety Zone
The safety zone will be valid from 1 July 2022 until revoked by notice published in the gazette.
Where an unauthorised vessel enters or remains in the safety zone specified in contravention of this notice, the owner and the person in command or in charge of the vessel are each guilty of an offence against Section 616 of the Act and are punishable, upon conviction, by imprisonment for a term:
- not exceeding 15 years if the breach is determined as intentional.
- not exceeding 12.5 years if the breach is determined as recklessness.
- not exceeding 10 years if the breach is determined as negligence.
- not exceeding 5 years if the breach is determined as an offence of strict liability.
Dated this 9th day of June 2022.
Made under the Offshore Petroleum and Greenhouse Gas Storage Act 2006 of the Commonwealth of Australia.
Percy Dhanbhoora – A/g Manager, Assessment & Inspection
Pursuant to the Instrument of delegation dated 14 May 2021
National Offshore Petroleum Safety and Environmental Management Authority
Overview
The Offshore Petroleum and Greenhouse Gas Storage Act 2006 was enacted to provide a framework for the regulation of offshore petroleum activities and greenhouse gas storage in Australia, ensuring environmental protection and safety. The Act was introduced to address the need for stringent regulation and oversight of offshore petroleum operations, particularly in light of potential environmental risks and the strategic importance of offshore resources to the nation's economy. Enacted by the Commonwealth Parliament, the policy objective of the Act is to balance the development of offshore resources with the protection of the marine environment and human safety. The Act establishes the National Offshore Petroleum Safety and Environmental Management Authority (NOPSEMA) as the regulatory body responsible for implementing and enforcing the provisions of the Act, including the establishment of safety zones to protect offshore operations from unauthorised interference.
In accordance with the Act, NOPSEMA has the authority to designate specific areas as petroleum safety zones, prohibiting unauthorised vessels from entering these zones to ensure the safety and integrity of offshore operations. This legislative measure underscores the commitment to maintaining rigorous safety standards and environmental protection in the management of offshore petroleum activities. The prohibition on unauthorised vessel entry into designated safety zones aims to prevent accidents, protect marine life, and ensure the smooth operation of offshore projects, reflecting the Act's overarching goal of sustainable and safe resource extraction.
Scope and Application
The notice A846969 issued by Percy Dhanbhoora, acting on behalf of the National Offshore Petroleum Safety and Environmental Management Authority [NOPSEMA], under section 616 of the Offshore Petroleum and Greenhouse Gas Storage Act 2006, establishes a petroleum safety zone around the Barossa Development Wells operated by Santos NA Barossa Pty Ltd. This safety zone, which extends 500 metres from the outer edge of the specified production wells, prohibits any vessel from entering or being present without NOPSEMA's written consent, except for vessels under Santos’ control or those operated by authorised persons exercising powers under Division 5 of Part 6.6 of the Act. This prohibition is in place from 1 July 2022 until revoked by a notice published in the gazette. Unauthorised vessels entering the safety zone are subject to penalties under Section 616 of the Act, with the severity of the penalties varying depending on the nature of the breach—intentional, reckless, negligent, or strict liability. The jurisdictional reach of this legislation is national, applying across the Commonwealth of Australia as specified under the Offshore Petroleum and Greenhouse Gas Storage Act 2006.
Key Provisions
Pursuant to section 616 of the Offshore Petroleum and Greenhouse Gas Storage Act 2006, the National Offshore Petroleum Safety and Environmental Management Authority (NOPSEMA) has established a petroleum safety zone surrounding the Barossa Production Wells. This zone extends to a radius of 500 metres from each point on the outer edge of the specified wells, as outlined in Table 1 and illustrated in Figures 1.1, 1.2, and 1.3. The safety zone prohibits any vessels other than those under the control of Santos NA Barossa Pty Ltd and those operated by authorised persons exercising powers under Division 5 of Part 6.6 of the Act from entering or being present in the zone without written consent from NOPSEMA. This prohibition is in place from 1 July 2022 until revoked by a notice published in the gazette.
The Act imposes several obligations on the parties and entities it governs, particularly concerning the safety and management of petroleum operations. The establishment of the safety zone is a critical measure to ensure the safety of personnel, the environment, and the integrity of the operations conducted by Santos NA Barossa Pty Ltd. Any vessel entering the safety zone without the required consent is in breach of the Act and faces stringent legal consequences. The primary responsibility falls on the vessel owners and the persons in command or in charge of the vessel, who must ensure strict compliance with the safety regulations to avoid legal repercussions.
For those who contravene the provisions of the Act by entering or remaining in the safety zone without authorisation, the consequences are severe. Section 616 of the Act stipulates different penalties based on the nature of the breach. If the breach is determined to be intentional, the maximum penalty is imprisonment for up to 15 years. For reckless breaches, the maximum penalty is imprisonment for up to 12.5 years. Negligent breaches carry a maximum penalty of imprisonment for up to 10 years, while offences of strict liability incur a maximum penalty of imprisonment for up to 5 years. These penalties underscore the seriousness with which the Act treats safety violations and aim to deter unauthorised activities within the safety zone.