| Notice: A456020 | |
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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 the Notice which appeared on page 1 of the Commonwealth of Australia Government Gazette on 22 October 2015, C2015G01723, in relation to the Prohibition of Entry into a Safety Zone – Notice A448552 associated with West Telesto jack-up rig, drilling the Sea Lion -1 exploration well located at:
Latitude 38°10’28.34” South, longitude 147°33’8.26” East*.
*Note: the above are GDA94 coordinates.
Dated this 23rd day of November 2015.
Made under the Offshore Petroleum and Greenhouse Gas Storage Act 2006 of the Commonwealth of Australia.
Jeremy Dunster, Manager – Assessment and Inspection
Pursuant to the Instrument of delegation dated 14 May 2015
National Offshore Petroleum Safety and Environmental Management Authority
Overview
The Offshore Petroleum and Greenhouse Gas Storage Act 2006 was enacted by the Parliament of the Commonwealth of Australia to address the need for effective regulation of offshore petroleum activities and greenhouse gas storage operations. This Act provides a legislative framework to ensure the safety, environmental protection, and efficient management of offshore petroleum activities and greenhouse gas storage, aiming to balance the exploitation of natural resources with the preservation of the marine environment and public safety. The National Offshore Petroleum Safety and Environmental Management Authority (NOPSEMA), as the enforcing body under this Act, is tasked with implementing the regulatory measures and ensuring compliance with the stipulated safety and environmental standards. In the context of the provided document, NOPSEMA has exercised its authority to revoke a specific petroleum safety zone notice related to the West Telesto jack-up rig's drilling operations, reflecting its role in dynamically managing safety zones as operational conditions change.
Scope and Application
The Offshore Petroleum and Greenhouse Gas Storage Act 2006 applies to any person or entity involved in offshore petroleum activities and greenhouse gas storage within Australian waters, including Commonwealth, state, territory, and external territories. This legislation governs the regulation of exploration, production, and storage of petroleum and greenhouse gases offshore Australia, ensuring environmental protection and safety standards are met. The Act applies to vessels, rigs, and infrastructure used in these activities, as well as to the operations of companies and individuals engaged in such ventures. The Act's jurisdictional reach extends to all offshore areas under Australian jurisdiction, including the Australian Exclusive Economic Zone and continental shelf. Specific exclusions and exemptions within the Act may apply to certain activities or entities, depending on their nature and the specifics of their operations. The Act also provides for the creation of safety zones around offshore operations to protect workers and the environment, which can be established and revoked as necessary. Subordinate instruments may further define the application and implementation of the Act, providing additional regulations and guidelines to ensure compliance.
Key Provisions
The Offshore Petroleum and Greenhouse Gas Storage Act 2006 (OPGGS Act) outlines the legislative framework governing offshore petroleum activities and greenhouse gas storage in Australian waters. Section 20 (1) of the Act provides for the creation of Petroleum Safety Zones, areas designated to protect safety, health, or the environment. Section 20 (2) allows the National Offshore Petroleum Safety and Environmental Management Authority (NOPSEMA) to revoke these zones when the conditions for their existence are no longer applicable. In the notice under review, Jeremy Dunster, as a representative of NOPSEMA, has revoked a previously established Petroleum Safety Zone around the West Telesto jack-up rig drilling the Sea Lion-1 exploration well. This revocation is pursuant to the authority granted under Section 20 (2) of the OPGGS Act.
Under the OPGGS Act, NOPSEMA is tasked with ensuring the safe and environmentally responsible conduct of offshore petroleum activities. This includes the power to designate and revoke Petroleum Safety Zones as necessary to protect personnel, vessels, and the marine environment. The revocation of a Petroleum Safety Zone imposes specific obligations on operators to ensure that the cessation of the zone does not compromise safety or environmental standards. Operators must follow the guidelines and requirements set by NOPSEMA to ensure that the area is safely cleared and that any risks are mitigated. This includes providing necessary notifications and adhering to any post-revocation procedures mandated by the authority.
The Act imposes several potential consequences for non-compliance with its provisions. Section 161 of the OPGGS Act outlines offences related to breaches of the Act or regulations, including fines and imprisonment. For example, Section 161 (1) stipulates that an individual or body corporate can be fined up to $66,000 for each day of non-compliance for serious breaches, with a maximum penalty of $5.3 million. Further, Section 161 (2) states that an individual can be imprisoned for up to two years for offences that involve serious endangerment to health or safety. These penalties underscore the importance of adhering to the requirements and obligations set forth by NOPSEMA and the OPGGS Act. In the case of the revocation notice, failure to comply with the revoked zone's conditions could result in enforcement actions under these provisions.