Variation of a Petroleum Safety Zone – Notice A1261754 – Esso Australia Resources Pty Ltd - VIC/L5 & VIC/L3 - Halibut 1 and Marlin 1 Wells

Overview

The Offshore Petroleum and Greenhouse Gas Storage Act 2006 was enacted by the Commonwealth Parliament to provide a regulatory framework for the safe and environmentally responsible exploration, production, and storage of petroleum and greenhouse gas in Commonwealth waters. This legislation was introduced to address the need for stringent safety and environmental management standards in offshore petroleum activities, ensuring that such activities are conducted in a manner that protects the marine environment and human health. The policy objective of the Act is to balance the development of Australia's offshore petroleum resources with the protection of the marine environment and the implementation of measures to mitigate greenhouse gas emissions. Under the authority of this Act, the National Offshore Petroleum Safety and Environmental Management Authority (NOPSEMA) has the power to prohibit unauthorised vessels from entering designated petroleum safety zones around offshore operations to ensure safety and compliance with regulatory standards.

Scope and Application

The Offshore Petroleum and Greenhouse Gas Storage Act 2006, administered by the National Offshore Petroleum Safety and Environmental Management Authority (NOPSEMA), applies to all entities and individuals involved in offshore petroleum activities within Australia's jurisdiction. Specifically, the Act governs the operations of entities such as Esso Australia Resources Pty Ltd, as evidenced by the recent variation of a petroleum safety zone for the Halibut 1 and Marlin 1 wells. This safety zone extends 500 metres from the outer edges of these wells, with strict prohibitions on unauthorised vessels entering the area between specified dates. The Act's jurisdictional reach is national, as it is a Commonwealth Act. The notice issued under section 616 of the Act specifies severe penalties, including imprisonment, for those contravening the safety zone regulations. These penalties vary in severity depending on the nature of the breach, ranging from strict liability to intentional misconduct. The Act also allows for the revocation of previous safety zones, as demonstrated by the revocation of Notice A1238552. The application of the Act can be further extended or restricted through subordinate instruments issued by NOPSEMA.

Key Provisions

The main provisions of the notice A1261754 (Gazette) are outlined in section 616 of the Offshore Petroleum and Greenhouse Gas Storage Act 2006. This section prohibits vessels other than those controlled by the registered holders of VIC/L5 and VIC/L3, or those operated by authorised persons exercising powers under section 615(1) of the Act, from entering or being present in a specified petroleum safety zone without written consent from NOPSEMA. The safety zone in question extends to 500 metres from the outer edge of the Halibut 1 and Marlin 1 wells, with specific dates for its validity. The notice also revokes a previous variation notice, A1238552, which was published on 15 July 2025, and will take effect from 29 September 2025. The Act imposes clear obligations on the parties it governs, primarily through the prohibition on unauthorised vessels entering the specified safety zone. The registered holders of VIC/L5 and VIC/L3, along with authorised persons exercising powers under section 615(1), are permitted to operate within the safety zone. All other vessels must obtain written consent from NOPSEMA to enter or remain in the zone. The notice also mandates that the safety zone will be in effect for specific periods around the Halibut 1 and Marlin 1 wells, ensuring that operations within these periods are conducted under the strict control and oversight of NOPSEMA. The Act sets out serious consequences for breaches of the safety zone provisions. Under Section 616, any person who causes an unauthorised vessel to enter or remain in the safety zone is guilty of an offence. The penalties vary depending on the nature of the breach, with the most severe being imprisonment for up to 15 years for intentional breaches, 12.5 years for reckless breaches, 10 years for negligent breaches, and 5 years for breaches of strict liability. The notice clearly outlines these penalties, ensuring that all parties are aware of the potential consequences of non-compliance. The notice also revokes a previous variation notice, A1238552, which had been in effect since 14 July 2025. This revocation is effective from 29 September 2025, aligning with the new provisions set out in the current notice. The revocation ensures that the updated safety zone regulations are the only applicable rules from the specified date, eliminating any confusion or overlap with previous regulations. This change is crucial for maintaining the integrity and safety of the offshore petroleum operations governed by the Act.