COMMONWEALTH OF AUSTRALIA
Section 275
Offshore Petroleum and Greenhouse Gas Storage Act 2006
NOTICE OF CANCELLATION OF
PETROLEUM EXPLORATION PERMIT WA-457-P
I, STEVEN ROBERT TAYLOR, Delegate of the National Offshore Petroleum Titles Administrator, on behalf of the Commonwealth-Western Australia Offshore Petroleum Joint Authority hereby cancel Petroleum Exploration Permit WA-457-P of which
Flow Energy Pty Ltd
(ACN 111 418 270)
is the registered titleholder, on the following grounds:
- Non-compliance with Conditions 1, 4 and 5 of Petroleum Exploration Permit WA-457-P, specifically the failure to meet the Permit Year 2 work program commitment of ‘322 km² New 3D Seismic Survey’ by licencing an equivalent amount of seismic data, and the effect of this on the Permit Year 4 geotechnical studies.
DESCRIPTION OF BLOCKS
The reference hereunder is to the name of the map sheet of the 1:1,000,000 series prepared and published for the purposes of the Offshore Petroleum and Greenhouse Gas Storage Act 2006 and to the numbers of graticular sections shown thereon.
Map Sheet SE50 (Rowley Shoals)
Block No. | Block No. | Block No. | Block No. |
3337 | 3338 | 3339 | 3411 |
Assessed to contain 4 blocks.
This notice takes effect on the day on which it appears in the Australian Government Gazette.
Made under the Offshore Petroleum and Greenhouse Gas Storage Act 2006
of the Commonwealth of Australia.
STEVEN ROBERT TAYLOR
DELEGATE OF THE TITLES ADMINISTRATOR
ON BEHALF OF THE COMMONWEALTH-WESTERN AUSTRALIA
OFFSHORE PETROLEUM JOINT AUTHORITY
Overview
The Offshore Petroleum and Greenhouse Gas Storage Act 2006 was enacted to provide a legal framework for the regulation of offshore petroleum exploration, production, and storage activities within Australia's maritime jurisdiction. This Act was introduced to address the need for a comprehensive regulatory regime that ensures the environmentally sustainable and economically efficient development of offshore petroleum resources, while also considering the potential impacts on greenhouse gas storage. The Act was passed by the Parliament of Australia, with a clear policy objective of balancing the exploitation of Australia's offshore petroleum resources with the protection of the marine environment and the mitigation of greenhouse gas emissions.
The Act empowers the National Offshore Petroleum Titles Administrator to issue permits and licences for offshore petroleum activities, and to impose conditions that permit holders must adhere to. This includes the ability to cancel permits in cases of non-compliance with the conditions of the permit, as evidenced by the notice of cancellation of Petroleum Exploration Permit WA-457-P issued under the authority of the Act. The objective of the Act is to ensure that offshore petroleum activities are conducted in a manner that is consistent with the broader national interest, including the responsible management of the marine environment and the prudent use of Australia's natural resources.
Scope and Application
The Offshore Petroleum and Greenhouse Gas Storage Act 2006 applies to entities involved in the exploration and production of offshore petroleum resources in Australia. Specifically, the Act applies to permit holders such as Flow Energy Pty Ltd, which in this instance is the registered titleholder of Petroleum Exploration Permit WA-457-P. The Act governs the conduct, operations, and obligations of these permit holders, including adherence to specified work programs and geotechnical studies. Its jurisdictional reach extends to the Commonwealth and state offshore areas, including specific blocks such as those in the Rowley Shoals area referenced in the notice. The Act's application may be extended or restricted through subordinate instruments, which can include regulations and guidelines that provide further detail on the obligations and compliance requirements for permit holders. The notice of cancellation provided here is effective from the date of its appearance in the Australian Government Gazette, indicating the Commonwealth’s authority in overseeing and enforcing compliance with the Act’s stipulations.
Key Provisions
The main operative sections of the Offshore Petroleum and Greenhouse Gas Storage Act 2006, particularly relevant to this notice, include Section 275, which grants the Delegate the authority to cancel a petroleum exploration permit due to non-compliance with the permit conditions. Section 274 outlines the conditions that can lead to such a cancellation, while Section 276 specifies the conditions under which a permit can be cancelled. Here, the cancellation of Petroleum Exploration Permit WA-457-P (section 275) is explicitly stated, with Section 274 being the basis for the non-compliance grounds, namely Conditions 1, 4, and 5 of the permit.
The Act imposes several obligations on the permit holder, Flow Energy Pty Ltd. Primarily, the permit holder must adhere to the work program commitments outlined in the permit, which include the completion of a 322 km² New 3D Seismic Survey within the specified permit year. Failure to meet these commitments directly affects other obligations, such as those relating to geotechnical studies in subsequent permit years. Furthermore, the permit holder is required to ensure that all activities are conducted in compliance with environmental and safety regulations as stipulated in the permit conditions.
There are potential consequences for breaches of the Act's provisions. Section 283 outlines various offences related to non-compliance, which can result in both civil and criminal penalties. For instance, if the permit holder fails to meet the work program commitments as required, the Delegate can cancel the permit, as seen in this notice. Additionally, Section 284 specifies the penalties, which can include fines and imprisonment. Although the specific maximum penalties are not detailed in this notice, they can be substantial, reflecting the seriousness of non-compliance with offshore petroleum exploration regulations.