Safety Zone Notice (Sea Installation – CETO 6) 2016

Overview

The Safety Zone Notice (Sea Installation – CETO 6) 2016 was introduced to establish safety zones around a wave energy installation at Garden Island, Western Australia. This notice was made under the authority of the Sea Installations Act 1987, which was enacted to regulate the installation and operation of sea installations in Commonwealth waters. The primary objective of this notice is to protect the CETO 6 wave energy devices and their associated infrastructure, including the export cable, by restricting vessel access to specified areas. By delineating safety zones within which only exempt vessels, such as those owned or operated by the licensee or the Commonwealth, can operate, the notice aims to mitigate potential risks to the installation and its operation. The notice was issued by Greg Hunt, the Minister for the Environment, and it provides specific definitions and coordinates for the safety zones, which are intended to ensure the safety and efficiency of the CETO 6 wave energy project. This regulatory approach underscores the importance of maintaining a safe operational environment for the installation while balancing the need for public access and maritime activities in surrounding waters.

Scope and Application

The Safety Zone Notice (Sea Installation – CETO 6) 2016 applies to the protection of the CETO 6 wave energy plant located at Garden Island, Western Australia. This notice is made under the Sea Installations Act 1987 and is specifically targeted at ensuring the safety and operational integrity of the CETO 6 wave energy devices, including the export cable. The Act applies to all vessels except those owned or operated by the licensee or the Commonwealth, which are defined as exempt vessels. The geographic scope of this notice is limited to the specified safety zones around the CETO 6 installation, including the Safety Zone (Wave Energy Plant) and the Safety Zone (Export Cable), as delineated in the notice and detailed in Schedule 1. The notice also allows for the Minister to grant written consent for vessels to enter or remain in these safety zones, thus providing some flexibility in its application. The notice does not extend to other areas outside the specified safety zones and is in effect for the periods determined by the Minister or an SES employee in the Department of the Environment, as detailed in the notice.

Key Provisions

The Safety Zone Notice (Sea Installation – CETO 6) 2016 (the Notice) establishes two safety zones to protect the CETO 6 wave energy plant, which is located off the coast of Western Australia. Under section 5(1) of the Notice, vessels, excluding those that are exempt, are prohibited from entering or remaining in the Safety Zone (Wave Energy Plant), which is defined by points A to D in Schedule 1. Similarly, section 5(2) of the Notice prohibits vessels from entering or remaining in the Safety Zone (Export Cable), which extends 250 metres on either side of the line joining points E to K, also defined in Schedule 1. These zones are intended to prevent interference with the operation of the wave energy devices and associated infrastructure. The Notice imposes specific obligations on vessels and other entities. For example, vessels must not enter or remain within the designated safety zones unless they are exempt vessels, meaning they are either owned or operated by the licensee or its nominees or agents, or by the Commonwealth or its nominees or agents. Additionally, vessels may only enter or remain in a specified safety zone with written consent from the Minister, as stipulated in section 57(1) of the Sea Installations Act 1987. Breaching the provisions of the Notice can lead to civil and criminal consequences. Under the Sea Installations Act 1987, failure to comply with the safety zone restrictions may result in penalties. Although the specific penalties are not outlined in the Notice itself, the Act provides for various penalties for non-compliance, which may include fines and imprisonment. The exact penalties can depend on the severity and circumstances of the breach, but they serve to enforce the safety measures intended to protect the CETO 6 wave energy plant.