Prohibition of Entry into a Petroleum Safety Zone - Notice A572101

Overview

The Offshore Petroleum and Greenhouse Gas Storage Act 2006 was enacted by the Commonwealth Parliament to provide a regulatory framework for the environmentally responsible exploration, production, and storage of offshore petroleum and greenhouse gas. This Act was introduced to address the need for stringent controls and regulations in offshore activities to mitigate environmental risks and ensure safety. The National Offshore Petroleum Safety and Environmental Management Authority (NOPSEMA) is the body responsible for administering the Act, and its policy objective is to protect human health and safety and the marine environment from the potential hazards associated with offshore petroleum activities. The prohibition of entry into specified petroleum safety zones is one of the measures taken under this Act to ensure that only authorised activities occur in sensitive offshore areas. This notice, issued under section 616 of the Act, aims to prevent unauthorised vessels from entering a designated safety zone, thereby maintaining the integrity and safety of critical offshore infrastructure.

Scope and Application

The Offshore Petroleum and Greenhouse Gas Storage Act 2006 applies to entities and persons involved in the offshore petroleum industry, regulating their conduct and transactions in the Australian Commonwealth waters. Specifically, the Act pertains to the management of safety zones around offshore petroleum operations, which are essential for ensuring the safety of personnel and equipment and for minimising environmental risks. The geographic scope of the Act extends to the Commonwealth's offshore areas, which are defined under the Act. The legislation provides the National Offshore Petroleum Safety and Environmental Management Authority (NOPSEMA) with the power to establish safety zones around offshore facilities to prohibit unauthorised access. The authority to establish these zones and enforce restrictions is derived from section 616 of the Act, which empowers NOPSEMA to issue notices prohibiting entry into designated safety zones. The Act also allows for the imposition of severe penalties for breaches, with maximum terms of imprisonment varying depending on the nature of the breach, from strict liability to intentional misconduct. The Act's reach is limited to the specific geographic coordinates of the Brunello Production manifold and the associated wells, as outlined in the notice, and is in effect until revoked by a published notice in the gazette.

Key Provisions

Section 616 of the Offshore Petroleum and Greenhouse Gas Storage Act 2006 provides the authority for the National Offshore Petroleum Safety and Environmental Management Authority (NOPSEMA) to prohibit entry into a designated petroleum safety zone. This specific notice, issued by Jeremy Dunster, Manager, Assessment & Inspection, NOPSEMA, under section 616, restricts all vessels except those under the control of Chevron Australia Pty Ltd and vessels 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 within a 250-metre radius of the Brunello Production manifold, and other specified wells and equipment. The safety zone extends to the coordinates specified and is effective from 2 October 2017 until revoked by a subsequent notice in the gazette. The Act imposes specific obligations on parties and entities governed by it. Vessels and their operators must comply with the prohibition notice by avoiding entry into the specified safety zone unless they are under the control of Chevron Australia Pty Ltd or operated by an authorised person exercising powers under section 615(1). Additionally, any person in command or in charge of a vessel must ensure that their vessel does not enter the safety zone without written consent from NOPSEMA. This requirement extends to the vessel’s owner, who must also ensure compliance by their vessel. The Act provides for serious consequences for breaches of the prohibition notice. According to Section 616, any person found guilty of entering or remaining in the safety zone in contravention of this notice commits an offence. The penalties for such an offence vary depending on the level of culpability. If the breach is determined to be intentional, the offender faces imprisonment for up to 15 years. For recklessness, the maximum penalty is 12.5 years, for negligence it is 10 years, and for strict liability, it is up to 5 years. These penalties underscore the importance of adhering to the prohibition notice to avoid severe legal repercussions.