Variation of a Petroleum Safety Zone – Notice A851091 – Santos NA Barossa Pty Ltd - Barossa Production Wells 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 exploration, production, and greenhouse gas storage activities in Australian waters. This Act was introduced to address the need for stringent safety and environmental management measures in the offshore petroleum industry to protect human life, the environment, and the marine ecosystem. The Act was passed by the Parliament of Australia and its primary policy objective is to ensure the safe and environmentally responsible development of offshore petroleum resources. The legislation empowers the National Offshore Petroleum Safety and Environmental Management Authority (NOPSEMA) to regulate and enforce safety and environmental standards in offshore petroleum operations. The prohibition of entry into designated petroleum safety zones, as exemplified by Notice A851091 regarding the Barossa Production Wells, is a measure under this Act to prevent unauthorised access to areas critical for safety and operational integrity, thereby mitigating risks associated with offshore petroleum activities.

Scope and Application

The Offshore Petroleum and Greenhouse Gas Storage Act 2006 applies to entities and individuals involved in offshore petroleum activities within Australian waters. This includes operators such as Santos NA Barossa Pty Ltd, as well as vessels and persons engaged in offshore operations. The geographic scope of this Act is national, extending to Commonwealth waters, which encompasses areas beyond state territorial limits. The Act provides for the establishment and regulation of petroleum safety zones to ensure the safety and environmental protection of offshore activities. The Notice A851091 specifically restricts the entry of vessels into a designated petroleum safety zone around the Barossa Production Wells, except for those under the control of Santos NA Barossa Pty Ltd or operated by authorised persons exercising specific powers under the Act. This prohibition is intended to safeguard the operational integrity and environmental protection of the area. The penalties for contravening this prohibition are severe, with the potential for significant imprisonment terms depending on the nature of the breach. The Act also allows for the revocation of existing safety zones, as evidenced by the revocation of Notice A851091 previously published.

Key Provisions

The primary operative sections of the Notice A851091, pursuant to section 616 of the Offshore Petroleum and Greenhouse Gas Storage Act 2006, declare a prohibition on all vessels other than those under the control of Santos NA Barossa Pty Ltd or those operated by authorised persons exercising powers under section 615(1) of Division 1 of Part 6.6 from entering or being present within a specified petroleum safety zone. This safety zone extends to a distance of 500 metres from each point of the outer edge of the Barossa Production Wells, as detailed in Table 1 and illustrated in Figures 1.1, 1.2, and 1.3. The notice specifies the precise geographical coordinates of the Barossa Production Wells and delineates the boundaries of the safety zone. The notice is effective from 1 July 2022 and remains in effect until it is formally revoked by a notice published in the gazette. The Act imposes specific obligations and requirements on the parties it governs. It mandates that Santos NA Barossa Pty Ltd and authorised persons are permitted to operate within the safety zone, while all other vessels must obtain written consent from NOPSEMA before entering. This requirement ensures that only vessels under specific control or those exercising authorised powers can operate within the safety zone, thereby maintaining safety and environmental management standards. The notice also requires that the safety zone be respected and adhered to by all vessels operating in the vicinity, ensuring compliance with the regulatory framework established by the Act. Breaches of the prohibition outlined in this notice are subject to significant penalties. Under Section 616 of the Act, any person found guilty of an offence for unauthorised entry into the safety zone can face imprisonment. The severity of the penalty varies based on the nature of the breach, ranging from a maximum of 15 years if the breach is intentional, down to a maximum of 5 years for an offence of strict liability. These penalties underscore the seriousness with which the Act treats unauthorised entry into designated safety zones, reflecting the critical importance of maintaining safety and environmental standards in offshore petroleum operations. The notice also includes a revocation clause, cancelling the previous Notice A846969 dated 09 June 2022, which was published in the Commonwealth of Australia Government Gazette on 16 June 2022, Gazette number C2022G00490. This revocation took effect from 23 June 2022, indicating a formal update to the safety zone regulations. The notice was made under the authority of the Instrument of delegation dated 17 December 2021, by Percy Dhanbhoora, acting Manager, Assessment & Inspection, of the National Offshore Petroleum Safety and Environmental Management Authority [NOPSEMA]. This change signifies an adjustment in the regulatory approach, likely aimed at enhancing safety or operational efficiency within the specified area.