Variation of a Petroleum Safety Zone – Notice A1091500 – Santos NA Barossa Pty Ltd – Barossa Production Wells and Production Facilities in Title Area NT/L1

Overview

The Offshore Petroleum and Greenhouse Gas Storage Act 2006 was enacted to provide a legislative framework for the regulation of offshore petroleum activities and greenhouse gas storage in Australia. This Act addresses the need for stringent safety and environmental management measures in offshore operations to prevent incidents and mitigate environmental impacts. The policy objective of the Act is to ensure that offshore petroleum activities are conducted in a manner that protects the environment, workers, and the public. The Act was introduced by the Commonwealth Parliament to fill the legislative gap in the regulation of offshore petroleum activities, ensuring that these activities are carried out safely and sustainably. The National Offshore Petroleum Safety and Environmental Management Authority (NOPSEMA) was established under this Act to administer and enforce the regulations, including the creation and management of petroleum safety zones to prevent unauthorised access to hazardous areas. In this context, NOPSEMA has issued a notice prohibiting entry into a specified petroleum safety zone around the Barossa production wells and facilities. This prohibition is intended to ensure the safety of personnel and vessels by restricting access to areas where operations could pose significant risks. Unauthorized vessels entering this safety zone are subject to severe penalties, including imprisonment, depending on the nature of the breach. This measure reflects the stringent approach mandated by the Act to safeguard against potential hazards associated with offshore petroleum activities.

Scope and Application

The Offshore Petroleum and Greenhouse Gas Storage Act 2006 applies to the regulation of petroleum exploration, production, and greenhouse gas storage activities in Australian waters. It provides a legislative framework for the safe operation of offshore petroleum activities, ensuring compliance with environmental protection standards and safety requirements. The Act applies to all entities and persons involved in offshore petroleum activities, including operators, workers, and third parties, within the jurisdictional reach of the Commonwealth of Australia. It extends to both Commonwealth and state waters, encompassing all offshore petroleum operations and related activities. The Act does not specify particular exclusions or exemptions but may be subject to further clarification or modification through subordinate instruments or regulations issued by the National Offshore Petroleum Safety and Environmental Management Authority (NOPSEMA). This particular notice issued under the Act by Chris Bourne, a representative of NOPSEMA, concerns the prohibition of entry into a designated petroleum safety zone surrounding the Barossa production wells and facilities, effective from 6 June 2024, with penalties for non-compliance outlined in the notice.

Key Provisions

The primary operative sections of this legislation (sections 616) establish the prohibition on unauthorised vessels entering or being present in a specified petroleum safety zone around the Barossa production wells and production facilities. This prohibition applies to any vessel not under the control of the registered operator of the Barossa FPSO facility or operated by authorised persons exercising specific powers under the Act. The safety zone extends to a distance of 500 metres from each point of the outer edge of the production wells and production facilities, as detailed in Table 1 and Figures 1.1, 1.2, and 1.3. The safety zone also encompasses equipment and structures within the area identified by the coordinates in Table 2 and shown in Figure 2, including the dynamic portions of various risers and umbilicals. The safety zone is valid from 6 June 2024 until revoked by notice published in the gazette. The Act imposes several obligations and requirements on the parties or entities it governs. Firstly, it mandates that all vessels other than those specified must not enter or be present in the safety zone without written consent from NOPSEMA. This requirement is critical for ensuring the safety and security of the petroleum operations in the specified area. The Act also places a responsibility on the owner and the person in command or in charge of any vessel to ensure compliance with the prohibition. Furthermore, the registered operator of the Barossa FPSO facility and authorised persons exercising powers under section 615(1) of Division 1 of Part 6.6 of the Act are permitted to operate vessels within the safety zone as per their respective roles and responsibilities. The legislation outlines specific offences, penalties, and consequences for breach of the prohibition. Under Section 616 of the Offshore Petroleum and Greenhouse Gas Storage Act 2006, both the owner and the person in command or in charge of an unauthorised vessel are guilty of an offence if they enter or remain in the safety zone. The penalties vary based on the nature of the breach: imprisonment for not exceeding 15 years if the breach is intentional, not exceeding 12.5 years if the breach is determined as recklessness, not exceeding 10 years if the breach is determined as negligence, and not exceeding 5 years if the breach is an offence of strict liability. These penalties underscore the seriousness with which the Act treats violations of the safety zone, aiming to deter unauthorised entry and ensure the safety of personnel and operations within the designated area.