Revocation of Existing and Establishment of Prohibition of Entry into a Petroleum Safety Zone Notice A525517

Overview

The Offshore Petroleum and Greenhouse Gas Storage Act 2006 was enacted to address the need for comprehensive regulation of offshore petroleum activities and greenhouse gas storage within Australian waters. This Act was developed by the Commonwealth Parliament to ensure that such activities are conducted safely, securely, and with minimal environmental impact. One of the key objectives of the Act is to establish clear guidelines and regulations for the management of offshore petroleum operations, including the designation of safety zones to protect against potential hazards. Pursuant to this Act, the National Offshore Petroleum Safety and Environmental Management Authority (NOPSEMA) has the authority to issue notices, such as the prohibition of entry into a petroleum safety zone, to enforce compliance and safeguard both human life and the marine environment. This particular notice, issued under Section 616 of the Act, aims to prevent unauthorised vessels from entering a specified safety zone around the CWLH Okha FPSO Riser Turret Mooring System, thereby maintaining operational safety and mitigating risks associated with offshore petroleum activities.

Scope and Application

The Offshore Petroleum and Greenhouse Gas Storage Act 2006 is a Commonwealth Act that governs the regulation of offshore petroleum activities and greenhouse gas storage in Australia. This particular notice, issued under section 616 of the Act, applies specifically to vessels and their operators within the title area WA-11-L, prohibiting any vessel, other than those under the control of the registered operator of Okha FPSO or 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 in the petroleum safety zone without written consent from the National Offshore Petroleum Safety and Environmental Management Authority (NOPSEMA). This prohibition extends to a distance of 500 metres from the outer edge of the CWLH Okha FPSO Riser Turret Mooring System (RTM) and is effective from 28 November 2016 until revoked. The geographic jurisdiction of this notice is within the Commonwealth of Australia, specifically affecting offshore petroleum activities in the specified title area. Any contravention of this prohibition by the owner or person in command or charge of a vessel constitutes an offence under section 616 of the Act, with penalties varying based on the level of fault, ranging from strict liability to intentional breaches.

Key Provisions

The Offshore Petroleum and Greenhouse Gas Storage Act 2006 (the Act) establishes a framework for the regulation of offshore petroleum activities and greenhouse gas storage in Australian waters. Section 616 of the Act provides the authority for the National Offshore Petroleum Safety and Environmental Management Authority (NOPSEMA) to designate safety zones around specific offshore structures to ensure safety and environmental protection. In this context, NOPSEMA has exercised its powers under Section 616 to establish a petroleum safety zone around the CWLH Okha FPSO Riser Turret Mooring System (RTM). This safety zone extends to a distance of 500 metres from the outer edge of the structure, defined by specific geographical coordinates (latitude 19° 35’ 25.5” South, longitude 116° 26’ 43.9” East). Under this legislation, the primary obligation imposed on parties is the prohibition of any vessel, other than those under the control of the registered operator of Okha FPSO or 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 in the specified petroleum safety zone without written consent from NOPSEMA. This restriction is intended to maintain the integrity and safety of the operations around the designated offshore structure. The safety zone is effective from 28 November 2016 until it is formally revoked by NOPSEMA. Failure to comply with the prohibition of entry into the designated safety zone constitutes an offence under Section 616 of the Act. The penalties for such breaches vary based on the level of culpability. For intentional breaches, the maximum penalty is imprisonment for up to 15 years. If the breach is deemed to be reckless, the maximum penalty is imprisonment for up to 12.5 years. For negligent breaches, the maximum penalty is imprisonment for up to 10 years, while strict liability breaches carry a maximum penalty of imprisonment for up to 5 years. These stringent penalties underscore the importance of adhering to the safety measures established by NOPSEMA to ensure the protection of personnel, equipment, and the marine environment.