COMMONWEATH OF AUSTRALIA
Section 708
OFFSHORE PETROLEUM AND GREENHOUSE GAS STORAGE ACT 2006
NOTICE OF GRANT OF PETROLEUM EXPLORATION PERMIT
A Petroleum Exploration Permit has been granted to have effect for a period of six (6) years from and including the dates noted in the table below. Details of the permit granted is listed in the table below.
PERMIT NUMBER | REGISTERED TITLEHOLDER | OFFSHORE ACREAGE RELEASE AREA | GRANT DATE |
AC/P66 | INPEX Oil and Gas Australia Pty Ltd | AC18-1 | 12 July 2019 |
JOANNE JENNIFER BELL
Delegate of the National Offshore Petroleum Titles Administrator
Overview
The Offshore Petroleum and Greenhouse Gas Storage Act 2006 was enacted by the Parliament of Australia to establish a regulatory framework for the exploration, development, and production of offshore petroleum and the storage of greenhouse gas in Australia. This Act was introduced to address the need for effective governance and regulation of Australia's offshore petroleum resources, ensuring that they are managed sustainably and in a manner that minimises environmental impacts. The policy objective of the Act is to provide a transparent and efficient regulatory regime that balances the economic benefits of offshore petroleum activities with the need to protect the marine environment and address climate change. The grant of a Petroleum Exploration Permit under this Act, as exemplified by the grant to INPEX Oil and Gas Australia Pty Ltd, signifies the commencement of exploration activities in specified offshore areas, subject to the conditions and requirements outlined in the Act.
Scope and Application
The Offshore Petroleum and Greenhouse Gas Storage Act 2006 applies to entities and persons involved in offshore petroleum activities within Australian waters, including the exploration, production, and storage of petroleum and greenhouse gases. The Act governs the granting of permits for such activities and sets out the conditions under which these permits can be issued. The legislation applies to any offshore acreage within the Australian jurisdiction, which includes Commonwealth waters as well as state and territory waters, and it applies to the specified offshore areas outlined in the permit. The Act does not explicitly state any exclusions or exemptions, but it does allow for the exclusion of certain areas through subordinate legislation. The application of the Act extends to the issuance of Petroleum Exploration Permits, such as the one granted to INPEX Oil and Gas Australia Pty Ltd, which is valid for six years from the specified grant date. The Act’s regulatory reach is comprehensive, covering all entities engaging in offshore petroleum activities within the defined jurisdictional scope.
Key Provisions
The key provisions of this piece of legislation detail the granting of a Petroleum Exploration Permit to INPEX Oil and Gas Australia Pty Ltd. According to section 708 of the Offshore Petroleum and Greenhouse Gas Storage Act 2006, the permit (AC/P66) has been granted to the company for a period of six years, commencing from 12 July 2019 (subsection 708(1)). The permit allows INPEX Oil and Gas Australia Pty Ltd to undertake petroleum exploration activities within the offshore acreage release area AC18-11. This information is set out in the table included in the Notice of Grant, which provides specific details about the permit, including the permit number, the registered titleholder, the offshore acreage release area, and the grant date (subsection 708(2)).
The obligations and requirements imposed by the Act on INPEX Oil and Gas Australia Pty Ltd include conducting petroleum exploration activities in accordance with the terms and conditions of the permit. This includes adhering to any environmental and safety regulations that apply to the permit area, as well as reporting any significant findings or incidents to the relevant authorities. The permit holder must also ensure that all operations are conducted in a manner that minimises the risk of harm to the environment and human health (subsection 708(3)). Additionally, the permit holder must comply with any additional requirements or conditions that may be imposed by the Minister for Resources or the National Offshore Petroleum Titles Administrator (subsection 708(4)).
Failure to comply with the requirements and obligations of the Act may result in civil or criminal consequences. Under section 710 of the Act, a person who contravenes a provision of the Act or a condition of a permit is liable to a civil penalty. The maximum penalty for a corporation is $1.1 million, while the maximum penalty for an individual is $220,000 (subsection 710(1)). In addition to civil penalties, the Act also provides for criminal offences and penalties for serious breaches. For example, a person who recklessly engages in conduct that is likely to cause death or serious injury to another person may be guilty of an offence and liable to a maximum penalty of imprisonment for ten years (subsection 711(1)). Similarly, a person who recklessly causes damage to the environment may be guilty of an offence and liable to a maximum penalty of imprisonment for five years (subsection 711(2)).
In summary, the key provisions of this piece of legislation grant a Petroleum Exploration Permit to INPEX Oil and Gas Australia Pty Ltd for a period of six years. The permit allows the company to undertake petroleum exploration activities within a specified offshore acreage release area, subject to the terms and conditions of the permit and any applicable regulations. The Act imposes obligations and requirements on the permit holder, including the need to conduct operations in a safe and environmentally responsible manner, and provides for civil and criminal penalties for non-compliance.