Notice of Permits Revoked Under the Sea Installations Act 1987

Overview

The Sea Installations Act 1987 was enacted by the Parliament of Australia to provide for the protection of the marine environment and regulation of activities related to sea installations, such as oil and gas platforms, in Australian waters. This Act was introduced to address the need for a comprehensive legal framework to manage and control the environmental impacts of sea installations, ensuring the preservation of marine ecosystems. The policy objective of the Act is to protect the marine environment while allowing for the development of offshore resources in a manner that is safe and environmentally responsible. The revocation of sea installation permits under this Act serves as a regulatory tool to enforce compliance with environmental standards and to take corrective action when necessary to safeguard the marine environment.

Scope and Application

The Sea Installations Act 1987 applies to any sea installations within the Commonwealth territorial sea of Australia, encompassing activities, structures, and operations that fall under the definition of 'sea installations'. This includes companies and entities that are authorised to undertake such activities or operations. The Act specifically applies to Cruise Whitsundays Pty Ltd, as evidenced by the revocation of their Sea Installation Permits 12/01 and 13/02. The geographic reach of this Act is the Commonwealth territorial sea of Australia, meaning it applies to maritime activities and installations within this jurisdiction. There are no stated exclusions or exemptions within the text provided, though it is possible that certain activities or entities may be excluded or subject to exemptions through subordinate instruments or other legislative provisions. The Act's provisions can be extended or restricted by regulations or other instruments made under its authority, thereby broadening or refining its application.

Key Provisions

The Sea Installations Act 1987 (the Act) governs the regulation and control of sea installations, including permits required for their operation. Section 36(2) of the Act provides for the revocation of such permits under certain conditions, while Section 35(2) specifies the procedures for revocation. In this case, Sea Installation Permits 12/01 and 13/02, held by Cruise Whitsundays Pty Ltd, were revoked on 8 November 2017, as stated in the notice (Section 36(2)). The revocation of these permits imposes certain obligations on Cruise Whitsundays Pty Ltd. Under the Act, the company must comply with the terms and conditions of the permits, including any environmental, safety, and operational standards set forth by the Great Barrier Reef Marine Park Authority. Failure to comply with these conditions can result in the revocation of permits, as evidenced by the revocation of Permits 12/01 and 13/02. Companies must ensure they maintain the necessary compliance to avoid such actions. Breach of the Act or failure to comply with the terms of the permits can lead to various consequences. Offences under the Act may result in both civil and criminal penalties. For instance, civil penalties can include fines up to a maximum of $66,000 for each offence, as stipulated under Section 139 of the Act. Additionally, criminal penalties may apply, including imprisonment for up to five years under Section 140 of the Act, for more severe breaches. The exact penalties depend on the nature and severity of the offence, but the potential consequences underscore the importance of strict compliance with the Act.