| Notice: A697422 | |
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Commonwealth of Australia OFFSHORE PETROLEUM AND GREENHOUSE GAS STORAGE ACT 2006 REVOCATION OF A PETROLEUM SAFETY ZONE |
I Jeremy Dunster, a representative of the National Offshore Petroleum Safety and Environmental Management Authority [NOPSEMA], hereby revoke Notice A688686 which appeared in the Commonwealth of Australia Government Gazette on 28 August 2019, C2019G00760, in relation to the Prohibition of Entry into the Safety Zone associated with the Carbon Capture and Storage Appraisal Well known as Gular-1 (Latitude 38” 14’ 59.24” South, longitude 147” 29” 3.58” East*)
*Note: the above are GDA94 coordinates.
Dated this 16th day of October 2019.
Made under the Offshore Petroleum and Greenhouse Gas Storage Act 2006 of the Commonwealth of Australia.
Jeremy Dunster – Manager, Assessment & Inspection
Pursuant to the Instrument of delegation dated 20 August 2018
National Offshore Petroleum Safety and Environmental Management Authority
Overview
The Offshore Petroleum and Greenhouse Gas Storage Act 2006 was enacted by the Commonwealth Parliament to address the need for stringent regulations on offshore petroleum activities and the storage of greenhouse gases. The Act aims to ensure the safety and environmental protection of offshore petroleum operations, as well as to regulate the storage of greenhouse gases in order to mitigate climate change impacts. This legislative framework was introduced to fill the gap in comprehensive regulatory measures governing these critical industries. The Act empowers the National Offshore Petroleum Safety and Environmental Management Authority (NOPSEMA) to establish safety zones, among other regulatory functions, to ensure compliance with safety and environmental standards. The policy objective underpinning the Act is to balance the economic benefits of offshore petroleum activities with the imperative to protect the marine environment and public safety.
Scope and Application
The Offshore Petroleum and Greenhouse Gas Storage Act 2006 applies to all persons and entities involved in offshore petroleum activities and greenhouse gas storage within the Commonwealth of Australia, including companies, operators, and individuals. The Act encompasses the exploration, production, processing, and storage of petroleum and greenhouse gases offshore, thereby regulating conduct and transactions related to these activities. It extends to the entire Australian jurisdiction, including territorial waters and the continental shelf. The Act can also be applied through subordinate instruments, allowing for the creation of specific regulations or guidelines that further define the scope and enforcement of the Act. There are, however, certain exclusions and exemptions within the Act, particularly concerning activities that are regulated by other federal or state legislation, but these are clearly defined within the Act itself. This revocation of a petroleum safety zone notice under the Act highlights the authority's ability to manage and adjust safety regulations in response to operational changes or completions, ensuring ongoing compliance with environmental and safety standards.
Key Provisions
The Offshore Petroleum and Greenhouse Gas Storage Act 2006 includes various provisions regarding the regulation of offshore petroleum and greenhouse gas storage activities in Australia. Section 34 of the Act allows the National Offshore Petroleum Safety and Environmental Management Authority (NOPSEMA) to establish safety zones around offshore petroleum operations. These safety zones are intended to protect workers and the environment by restricting entry and activities within the area. Section 34(1) specifies the requirements for establishing such zones, including the publication of notices and the setting of boundaries.
NOPSEMA is obligated under the Act to ensure that safety zones are appropriately designated and managed to mitigate risks associated with offshore petroleum activities. This includes conducting assessments to determine the need for a safety zone, publishing notices in the Commonwealth of Australia Government Gazette, and maintaining records of the zones. Section 34(2) outlines the process for publishing these notices, which must include specific details such as the location, boundaries, and reasons for the safety zone. Additionally, NOPSEMA must review and, if necessary, revoke the safety zone when the risk has been sufficiently mitigated.
The Act imposes strict obligations on entities operating within these safety zones. Section 34(3) mandates that any person must not enter or remain within a safety zone without the explicit permission of NOPSEMA. This is to ensure that only authorised personnel can conduct activities within the zone, thereby maintaining safety standards. Furthermore, Section 34(4) requires entities to comply with any conditions or directions issued by NOPSEMA in relation to the safety zone. This includes adhering to safety protocols, reporting incidents, and following any specific operational guidelines set forth by NOPSEMA.
Failure to comply with the provisions of the Offshore Petroleum and Greenhouse Gas Storage Act 2006 can result in significant legal consequences. Section 34(5) stipulates that unauthorised entry into a safety zone is an offence, with penalties that can include fines of up to $50,000 for individuals and $250,000 for bodies corporate, as well as potential imprisonment for up to two years. Additionally, Section 34(6) outlines that non-compliance with any direction or condition set by NOPSEMA may also result in fines and other civil or criminal penalties as determined by the relevant authorities. These measures are in place to enforce adherence to safety regulations and protect both human life and the environment.