Prohibition of Entry into a Greenhouse Gas Safety Zone

Overview

The Offshore Petroleum and Greenhouse Gas Storage Act 2006 was enacted to address the need for regulation of offshore petroleum activities and the storage of greenhouse gases in Australian waters. The Act provides a framework for the management of environmental risks associated with these activities, ensuring that they are conducted in a safe and environmentally responsible manner. The Minister for Resources and Northern Australia, Senator the Hon Matthew Canavan, has utilised the powers under this Act to establish a greenhouse gas safety zone. This zone aims to protect the specific area around the Noble Tom Prosser MODU facility and the Carbon Capture and Storage Appraisal Well known as the Gular-1, ensuring that only authorised vessels can operate within this critical area. This measure is intended to safeguard against potential hazards associated with unauthorised vessel presence in the vicinity of critical infrastructure involved in carbon capture and storage operations. The establishment of the safety zone under section 617 of the Act is a direct response to the need for stringent control and oversight in areas where significant greenhouse gas storage activities are taking place. The prohibition on unauthorised vessels aims to prevent accidental interference or damage to the operations, thereby reducing the risk of environmental incidents. This legislative action underscores the Commonwealth's commitment to managing and mitigating the environmental impacts of offshore petroleum and greenhouse gas storage activities, ensuring compliance with stringent safety and environmental standards.

Scope and Application

The Greenhouse Gas Safety Zone established under the Offshore Petroleum and Greenhouse Gas Storage Act 2006 applies specifically to all vessels, except those under the control of the registered operator of the Noble Tom Prosser MODU facility, those under the control of the titleholder of VIC-GIP-002, and those operated by authorised persons exercising powers under section 615(1) of Division 1 of Part 6.6 of the Act. This prohibition extends geographically to a distance of 500 metres from the outer edge of the Carbon Capture and Storage Appraisal Well, specifically the Gular-1 well, located at specified coordinates within the Australian jurisdiction. The notice is effective from its publication in the Gazette until revoked by a subsequent notice, thereby ensuring a clear and temporary restriction on vessel presence in the designated safety zone. Violations of this notice by unauthorised vessels result in potential criminal penalties for both the vessel's owner and the person in command, with the severity of the penalty varying based on the nature of the breach, ranging from strict liability to intentional misconduct.

Key Provisions

The key provision of the notice is the prohibition of vessels from entering or being present in the greenhouse gas safety zone without written consent from the National Offshore Petroleum Safety and Environmental Management Authority (NOPSEMA) (section 617 of the Offshore Petroleum and Greenhouse Gas Storage Act 2006). This prohibition applies to all vessels except those under the control of the registered operator of the Noble Tom Prosser MODU facility, those under the control of the titleholder of VIC-GIP-002, and those operated by authorised persons exercising powers under section 615(1) of Division 1 of Part 6.6 of the Act. The safety zone extends to a radius of 500 metres from the outer edge of the Carbon Capture and Storage Appraisal Well known as Gular-1, with coordinates specified as Latitude 38° 14’ 59.24” South, Longitude 147° 29’ 3.58” East under the GDA94 system. The notice remains in effect until revoked by a subsequent notice published in the Gazette. Entities and individuals governed by this Act must comply with the prohibition by ensuring that any vessels they control or are in charge of do not enter the specified safety zone without the requisite written consent from NOPSEMA. This obligation extends to the registered operator of the Noble Tom Prosser MODU facility, the titleholder of VIC-GIP-002, and authorised persons exercising powers under section 615(1) of Division 1 of Part 6.6 of the Act, who must also ensure that their operations within the safety zone are conducted in accordance with the conditions set by NOPSEMA. The Act imposes significant penalties for breaches of the safety zone prohibition. Upon conviction, the owner and the person in command or in charge of an unauthorised vessel are each guilty of an offence. The penalties vary depending on the nature of the breach, with the maximum penalty being not exceeding 15 years of imprisonment if the breach is deemed intentional. If the breach is determined to be reckless, the maximum penalty is not exceeding 12.5 years. For negligence, the maximum penalty is not exceeding 10 years, and for an offence of strict liability, the maximum penalty is not exceeding 5 years. These provisions underscore the seriousness with which the Act treats unauthorised entry into the safety zone.