Prohibition of Entry into a Petroleum Safety Zone - Notice A441884

Overview

The Offshore Petroleum and Greenhouse Gas Storage Act 2006 was enacted to provide for the regulation of offshore petroleum activities and greenhouse gas storage operations, ensuring they are conducted in a safe, environmentally responsible, and efficient manner. The Act was introduced to address the need for comprehensive regulation of offshore petroleum activities and greenhouse gas storage, which are critical to Australia’s energy sector but pose significant risks to the marine environment and human safety. Enacted by the Commonwealth Parliament, the policy objective of the Act is to balance the development of offshore petroleum resources with the protection of the marine environment and public safety. The Act establishes the framework for the regulation of offshore petroleum activities and greenhouse gas storage, including the establishment of safety zones to protect operations from unauthorised interference.

Scope and Application

The Offshore Petroleum and Greenhouse Gas Storage Act 2006 applies to the regulation of offshore petroleum activities and greenhouse gas storage in Australian waters, encompassing entities such as petroleum operators, service companies, and other stakeholders involved in these activities. The Act extends its jurisdictional reach to Commonwealth waters, which are defined as areas beyond state territorial limits, and it applies to the conduct and transactions associated with offshore petroleum exploration, production, and storage of greenhouse gases. The Act includes provisions that can be extended or restricted through subordinate instruments, which allows for more detailed and context-specific regulations to be implemented by the National Offshore Petroleum Safety and Environmental Management Authority (NOPSEMA). This notice, issued under section 616 of the Act, specifically prohibits all vessels other than those controlled by Shell Australia Pty Ltd and vessels operated by authorised persons exercising powers under section 615(1) from entering or being present in the designated petroleum safety zones without written consent from NOPSEMA. These zones extend to a distance of 500 metres from specified points related to the Prelude FLNG Turret, associated moorings, and the riser base manifold, as well as from the outer edges of Drill Centre (DC-1P). The notice remains in effect from 1 October 2015 for a period of 25 years unless revoked. Unauthorized entry into these safety zones constitutes an offence with penalties varying according to the level of culpability, ranging from strict liability to intentional breaches.

Key Provisions

The primary operative sections of the Offshore Petroleum and Greenhouse Gas Storage Act 2006, as referenced in the notice issued by Jeremy Dunster, include Section 616, which empowers NOPSEMA to prohibit entry into a petroleum safety zone. This section ensures that specific areas are restricted to vessels under the control of Shell Australia Pty Ltd, the registered holders of WA-44-L, and vessels 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 500 metres from the outer edges of the Prelude FLNG Turret, the dynamic portions of the associated mooring catenaries, the riser base manifold, and the Drill centre (DC-1P). The coordinates for these zones are precisely listed in tables within the notice, delineating the geographical boundaries of the restricted areas. The Act imposes several obligations and requirements on parties and entities governed by it. Firstly, it mandates that only vessels under the control of Shell Australia Pty Ltd or operated by authorised persons may enter the specified safety zones with written consent from NOPSEMA. All other vessels are strictly prohibited from entering these areas. Additionally, the Act requires that the safety zones remain in effect for 25 years from the date of the notice, 1 October 2015, unless NOPSEMA revokes them through a published notice in the gazette. The clear demarcation of these zones and the necessity for written consent underscores the importance of adhering to safety protocols to prevent potential hazards. The Act also outlines specific offences and penalties for breaches of the safety zone provisions. Under Section 616, both the owner of an unauthorised vessel and the person in command or in charge are liable for offences if their vessel enters or remains in the safety zone without the required consent. The penalties vary depending on the nature of the breach. For intentional breaches, the maximum penalty is imprisonment for up to 15 years. For reckless breaches, the maximum penalty is imprisonment for up to 12.5 years. If the breach is due to negligence, the maximum penalty is imprisonment for up to 10 years. For offences of strict liability, the maximum penalty is imprisonment for up to 5 years. These stringent penalties reflect the seriousness with which the Act treats violations of the safety zone provisions, aiming to deter unauthorised entries and ensure compliance with safety regulations.