Offshore Petroleum and Greenhouse Gas Storage (Greater Sunrise Offshore Petroleum Joint Authority) Delegation 2020

Overview

The Offshore Petroleum and Greenhouse Gas Storage (Greater Sunrise Offshore Petroleum Joint Authority) Delegation 2020, enacted by Keith Pitt, the Minister for Resources, Water and Northern Australia, revokes all existing delegations for the Greater Sunrise Offshore Petroleum Joint Authority made under section 67 of the Offshore Petroleum and Greenhouse Gas Storage Act 2006. This legislation addresses the need to streamline the administrative functions and decision-making processes concerning the Greater Sunrise gas fields, which are located in the Timor Sea, by delegating the Joint Authority's powers and functions to the General Manager of the Offshore Resources Branch, Resources Division, Department of Industry, Science, Energy and Resources. The policy objective is to enhance efficiency and governance in the management of offshore petroleum activities, ensuring that the operations are conducted in a manner that complies with environmental and regulatory standards.

Scope and Application

The Offshore Petroleum and Greenhouse Gas Storage (Greater Sunrise Offshore Petroleum Joint Authority) Delegation 2020 applies to the functions and powers of the Greater Sunrise Offshore Petroleum Joint Authority as specified in the Offshore Petroleum and Greenhouse Gas Storage Act 2006 (the Act). This Act concerns the regulation and administration of offshore petroleum and greenhouse gas storage activities, particularly focusing on the Greater Sunrise project. The delegation pertains to the Joint Authority’s responsibilities, which include the management and oversight of offshore petroleum operations, environmental protections, and ensuring compliance with legislative requirements. Keith Pitt, as the responsible Commonwealth Minister, has delegated these functions and powers to the General Manager of the Offshore Resources Branch, Resources Division, Department of Industry, Science, Energy and Resources. This delegation extends to all functions and powers under the Act and its regulations, except for the power to further delegate these responsibilities. The geographic scope of this legislation is specific to the offshore areas under the jurisdiction of the Commonwealth, particularly in relation to the Greater Sunrise project. Any exclusions, exemptions, or thresholds under the Act would need to be referred to in the primary legislation or associated regulations rather than in this specific delegation instrument. The Act and its subordinate instruments may further refine the application and scope of these delegations, ensuring a comprehensive framework for the management of offshore petroleum activities.

Key Provisions

The primary sections of the Offshore Petroleum and Greenhouse Gas Storage (Greater Sunrise Offshore Petroleum Joint Authority) Delegation 2020 (C2020G00509) involve the revocation of all existing delegations related to the Greater Sunrise Offshore Petroleum Joint Authority (sections 67(3) of the Acts Interpretation Act 1901) and the subsequent delegation of all functions and powers of the Joint Authority under the Offshore Petroleum and Greenhouse Gas Storage Act 2006 (the Act) and any regulations made under the Act (section 67 of the Act). The functions and powers are delegated to the person holding the position of General Manager, Offshore Resources Branch, Resources Division, Department of Industry, Science, Energy and Resources of the Commonwealth of Australia (section 67 of the Act). This legislation imposes several obligations on the parties it governs. The key obligation is that the functions and powers previously held by the Greater Sunrise Offshore Petroleum Joint Authority are now transferred to the designated General Manager within the Department of Industry, Science, Energy and Resources. This includes the management and oversight of offshore petroleum activities and greenhouse gas storage projects, as well as compliance with all relevant legislation and regulations. The Joint Authority's role in approving exploration permits, production licences, and greenhouse gas storage activities is now executed by the General Manager. The Act also imposes an obligation on the General Manager to ensure that all delegated functions and powers are exercised responsibly and in accordance with the law. This includes making decisions that are in the best interests of the Commonwealth, considering environmental, economic, and social impacts, and maintaining transparency and accountability in the decision-making process. The General Manager must ensure that all activities are conducted in a manner that minimises risk to human health, safety, and the environment. There are no explicit offences, penalties, or civil/criminal consequences mentioned within the text of this delegation. However, any breaches of the Offshore Petroleum and Greenhouse Gas Storage Act 2006 or related regulations could lead to legal consequences under those provisions. The Act itself outlines various offences related to non-compliance with permit conditions, environmental harm, and other regulatory breaches, with penalties that could include substantial fines and imprisonment. The specific penalties would depend on the nature and severity of the breach, as outlined in the primary Act and its associated regulations.