Prohibition of Entry into a Petroleum Safety Zone - Notice A257538

Overview

The Offshore Petroleum and Greenhouse Gas Storage Act 2006 was enacted by the Commonwealth Parliament to address the need for a comprehensive regulatory framework governing the exploration, production, and storage of offshore petroleum and greenhouse gas. This legislation was introduced to fill the regulatory gap that existed in the management of offshore activities, ensuring safety, environmental protection, and efficient resource management. The Act aims to balance the interests of industry, the environment, and public safety. Under the authority granted by this Act, NOPSEMA has the power to establish safety zones and enforce compliance to prevent unauthorised entry into these zones, thereby protecting critical infrastructure and personnel involved in offshore operations.

Scope and Application

The Offshore Petroleum and Greenhouse Gas Storage Act 2006 applies to a broad range of persons and entities involved in offshore petroleum activities and greenhouse gas storage operations in Australian waters, including state and federal authorities, operators, and workers. The Act imposes stringent safety and environmental management requirements for the exploration, production, and storage of petroleum and greenhouse gases. The geographic reach of the Act is national, as it pertains to activities within Australian territorial waters and the Australian continental shelf, thus it encompasses both state and Commonwealth jurisdictions. The Act does not explicitly state exclusions or thresholds, but its provisions and enforcement mechanisms are designed to apply broadly across the offshore petroleum and greenhouse gas storage industry. The Act’s application may be extended or restricted through subordinate instruments issued by the National Offshore Petroleum Safety and Environmental Management Authority, which has been tasked with implementing and enforcing the provisions of the Act. This authority includes the power to create safety zones, as evidenced by the prohibition of entry into specified petroleum safety zones outlined in the notice, ensuring that only authorised vessels and personnel can operate within these areas to maintain safety and compliance with environmental standards.

Key Provisions

The main operative sections of the Offshore Petroleum and Greenhouse Gas Storage Act 2006, as applied in this notice, are sections 615 and 616 (subsection 1). Section 615(1) of Division 1 of Part 6.6 of the Act allows the Authority to exercise certain powers, which include the prohibition of entry into a petroleum safety zone. Section 616 prohibits vessels from entering a safety zone without written consent from the Authority, with specific exclusions for vessels under the control of Roc Oil (Vic) Pty Limited and those operated by authorised persons exercising powers under section 615(1). This prohibition extends to a distance of 500 metres around Basker-Manta infrastructure, except for the Basker-6 well, which has a 360 metre safety zone, and the Basker-6 flowline, which has a 300 metre safety zone. The safety zone is centred on the actual positions of the infrastructure, detailed in the notice with specific coordinates. The Act imposes specific obligations on parties and entities governed by it, particularly requiring that any vessel wishing to enter the designated petroleum safety zone must obtain written consent from NOPSEMA. This includes vessels under the control of Roc Oil (Vic) Pty Limited and those operated by authorised persons exercising powers under section 615(1). The safety zones are clearly defined by distance from specific infrastructure and are centred on their actual positions, which are given in the notice. Additionally, the notice specifies that the prohibition will be in effect from 21 November 2012 to 31 January 2013, inclusive, unless revoked by a notice published in the gazette. Breaches of the prohibition set out in section 616 of the Act are subject to criminal penalties. If an unauthorised vessel enters or remains in the safety zone, the owner and the person in command or in charge of the vessel are each guilty of an offence. The penalties vary based on the nature of the breach. If the breach is determined to be intentional, the maximum penalty is imprisonment for a term not exceeding 15 years. For recklessness, the maximum penalty is not exceeding 12.5 years. If the breach is due to negligence, the maximum penalty is not exceeding 10 years. For an offence of strict liability, the maximum penalty is not exceeding 5 years. These penalties are to be applied upon conviction.