Prohibition of Entry into a Petroleum Safety Zone - Notice A279293

Overview

The Offshore Petroleum and Greenhouse Gas Storage Act 2006 was enacted to provide a legislative framework for the regulation of offshore petroleum and greenhouse gas storage activities, aiming to protect the environment and human health from potential risks associated with these activities. The Act was introduced to address the need for a comprehensive regulatory system that balances the development of offshore resources with environmental protection and safety concerns. Enacted by the Parliament of Australia, the policy objective of this Act is to ensure that offshore petroleum and greenhouse gas storage activities are conducted in a safe, environmentally responsible, and efficient manner. This specific notice, issued under the authority of the National Offshore Petroleum Safety and Environmental Management Authority (NOPSEMA), serves to establish petroleum safety zones around specific offshore infrastructure. The prohibition of entry into these zones by unauthorised vessels aims to prevent potential hazards and ensure the safety of personnel and operations within these designated areas. This regulatory measure is intended to mitigate risks associated with unauthorised access to critical offshore infrastructure, thereby supporting the overarching objectives of the Offshore Petroleum and Greenhouse Gas Storage Act 2006.

Scope and Application

The Offshore Petroleum and Greenhouse Gas Storage Act 2006, as applied through this notice, restricts the entry of vessels into specified petroleum safety zones. The notice, issued by Ian MacGillivray, a representative of the National Offshore Petroleum Safety and Environmental Management Authority (NOPSEMA), prohibits all vessels except those under the control of ROC Oil (Vic) Pty Limited, the registered holders of VIC/L26, and those operated by authorised persons exercising powers under section 615(1) of Division 1 of Part 6.6 of the Act, from entering or being present in these safety zones without written consent from NOPSEMA. These zones, valid from 20 February 2013 until revoked, encompass three specific locations: a 500-metre radius around the Basker - Manta - Gummy Field Infrastructure, a 360-metre radius around the Basker-6 wellhead, and a 75-metre radius around the former Basker Spirit Mooring Location. The geographic reach of this legislation is Commonwealth, with enforcement and compliance falling under the authority of NOPSEMA. Unauthorized entry into these safety zones is subject to severe penalties, including imprisonment, with the duration of the sentence varying based on the degree of fault, from strict liability to intentional breach. This prohibition aims to safeguard the integrity and safety of offshore petroleum operations within the specified zones.

Key Provisions

The Offshore Petroleum and Greenhouse Gas Storage Act 2006 establishes a framework for the regulation of offshore petroleum activities in Australia. Section 616 of the Act allows the National Offshore Petroleum Safety and Environmental Management Authority (NOPSEMA) to prohibit entry into designated petroleum safety zones to ensure safety and environmental protection. Under this provision, vessels other than those controlled by ROC Oil (Vic) Pty Limited or operated by authorised persons exercising powers under section 615(1) are prohibited from entering specified zones around the Basker-Manta-Gummy Field Infrastructure, Basker-6 wellhead, and former Basker Spirit Mooring Location without written consent from NOPSEMA. These zones extend 500 metres from the Basker-Manta-Gummy Field Infrastructure, 360 metres from the Basker-6 wellhead, and 75 metres from the former Basker Spirit Mooring Location. The obligations imposed by this Act require any person in charge of a vessel to ensure that it does not enter or remain within the prohibited zones unless authorised. This includes vessels controlled by ROC Oil (Vic) Pty Limited or operated by authorised persons, who must comply with any additional conditions specified by NOPSEMA. Furthermore, the owner of any vessel found to be in breach of the prohibition is also held responsible and liable for the offence. These obligations are designed to maintain strict control over vessel activities in these sensitive areas to prevent accidents and environmental damage. Failure to comply with the prohibitions set out in this notice results in significant legal consequences. According to section 616, both the owner of the vessel and the person in command or in charge are guilty of an offence. The penalties for such offences vary based on the degree of fault, ranging from strict liability to intentional breach. For strict liability, the maximum penalty is imprisonment for up to five years. For negligence, the maximum penalty is up to ten years. If the breach is deemed reckless, the maximum penalty is up to twelve and a half years, and if it is intentional, the maximum penalty is up to fifteen years. These stringent penalties reflect the importance of adhering to safety regulations in offshore petroleum operations.