Variation of a Petroleum Safety Zone – Notice A1238552 – Esso Australia Resources Pty Ltd – Vic/L9, Vic/L5 & Vic/L3 – East Pilchard 1, Halibut 1 and Marlin 1 Wells

Overview

The Offshore Petroleum and Greenhouse Gas Storage Act 2006 was enacted to provide a regulatory framework for the exploration, production, and storage of petroleum and greenhouse gas in Australia's offshore areas. This legislation was introduced to address the need for stringent safety and environmental management measures in offshore petroleum activities to prevent accidents and mitigate environmental impacts. The Act is administered by the Commonwealth of Australia's Parliament, with the National Offshore Petroleum Safety and Environmental Management Authority (NOPSEMA) acting as the enforcement body. The overarching policy objective of the Act is to ensure that offshore petroleum activities are conducted in a manner that protects human health and safety, as well as the marine and coastal environment. This legislative instrument, Notice A1238552, issued by NOPSEMA under section 616 of the Act, specifically targets the prohibition of unauthorised vessels from entering designated petroleum safety zones around specific wells, namely East Pilchard 1, Halibut 1, and Marlin 1. The safety zones are established to prevent potential hazards during operations and ensure the safety of personnel and equipment. Violation of these safety zones by unauthorised vessels is subject to severe penalties, reflecting the seriousness with which the Act regards the enforcement of safety measures in offshore operations.

Scope and Application

The Offshore Petroleum and Greenhouse Gas Storage Act 2006 governs the regulation of offshore petroleum activities and greenhouse gas storage within the Commonwealth of Australia. Specifically, this Act empowers the National Offshore Petroleum Safety and Environmental Management Authority (NOPSEMA) to manage and control safety zones around offshore petroleum wells. The Notice A1238552 pertains to the variation of a petroleum safety zone for the wells East Pilchard 1, Halibut 1, and Marlin 1, which are located off the coast of Victoria. This Notice applies to all vessels and individuals intending to operate within the specified safety zones. Vessels under the control of the registered holders of VIC/L9, VIC/L5, and VIC/L3, as well as vessels operated by authorised persons exercising powers under section 615(1) of the Act, are exempt from the prohibition of entry. The safety zone extends 500 metres from each point of the outer edge of the wells. The Notice is effective from 15 July 2025 to 31 July 2025 for East Pilchard 1, 14 August 2025 to 30 September 2025 for Halibut 1, and 1 September 2025 to 31 October 2025 for Marlin 1. Violation of the safety zone prohibition is subject to penalties under Section 616 of the Act, with the severity of penalties varying based on the nature of the breach. Additionally, the Notice revokes the previous Notice A1198679, which was in effect from 10 April 2025 until 14 July 2025.

Key Provisions

Pursuant to section 616 of the Offshore Petroleum and Greenhouse Gas Storage Act 2006, this notice prohibits any vessel other than those under the control of the registered holders of VIC/L9, VIC/L5 and VIC/L3, 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 safety zone. The safety zone extends 500 metres from the outer edge of the wells East Pilchard 1, Halibut 1, and Marlin 1, with the coordinates provided in GDA94. This prohibition is in place from 15 July to 31 July 2025 for East Pilchard 1, from 14 August to 30 September 2025 for Halibut 1, and from 1 September to 31 October 2025 for Marlin 1. The Act imposes several obligations and requirements on parties governed by it. Firstly, the registered holders of VIC/L9, VIC/L5, and VIC/L3 must ensure that their vessels are the only ones operating within the safety zones during the specified periods. Secondly, any authorised persons exercising powers under section 615(1) must ensure that their vessels are compliant with the provisions of this notice. Additionally, all vessels must obtain written consent from NOPSEMA before entering or being present in the safety zones. Failure to comply with these requirements may result in severe legal consequences. Any breach of the prohibition against entering or being present in the safety zone is an offence under section 616 of the Act. The penalties for such an offence vary depending on the nature of the breach. If the breach is determined to be intentional, the maximum penalty is imprisonment for up to 15 years. If the breach is deemed 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. If the breach is determined to be an offence of strict liability, the maximum penalty is imprisonment for up to 5 years. These penalties reflect the seriousness with which the Act treats unauthorised entry into the safety zones.