National regulator legislative and regulatory amendments to the OPGGSA
Petroleum activities in Commonwealth waters
Review of the Offshore Petroluem and Greenhouse Gas (Environment) Regulations 2009 (Environment Regulations)
The Offshore Petroleum and Greenhouse Gas Storage Act 2006 (OPGGSA) provides the regulatory framework for all offshore petroleum exploration and production, and Greenhouse Gas (GHG) activities in Commonwealth waters (those areas more than three nautical miles from the Territorial sea baseline and within the Commonwealth Petroleum Jurisdiction Boundary ). The OPGGSA is supported by regulations and directions covering matters such as safety, diving, petroleum resource management and environmental performance.
National regulator legislative and regulatory amendments to the OPGGSA
As part of the Commonwealth Government's legislative reform to offshore petroleum legislation and regulation, the Offshore Petroleum and Greenhouse Gas Storage Amendment (National Regulator) Act 2011 (the National Regulator Amendment Act) and associated Acts were passed by the Parliament on 15 September 2011, and received Royal Assent on 14 October 2011.
The National Regulator Amendment Act amended the Offshore Petroleum and Greenhouse Gas Storage Act 2006 (OPGGSA) to establish the National Offshore Petroleum Titles Administrator (NOPTA) for the offshore petroleum and greenhouse gas storage industries, and expands the functions of the National Offshore Petroleum Safety Authority (NOPSA) to become the National Offshore Petroleum Safety and Environmental Management Authority (NOPSEMA), with regulatory responsibility for occupational health and safety, structural integrity, environmental management, and day-to-day operations. The National Regulator Amendment Act provided for the establishment of NOPTA and NOPSEMA on 1 January 2012.
From that time, NOPTA and NOPSEMA will exercise regulatory functions and powers under the OPGGSA, and the Designated Authorities will be abolished.
Further information on the amendments to the OPGGSA and associated regulations, policy issues and developments related to the offshore minerals and offshore petroleum and greenhouse gas storage regulatory regime can be accessed through regular Policy Bulletins on the Departments website.
In particular, environmental approvals for offshore petroleum and GHG activities in Commonwealth waters are governed by the provisions of the:
Petroleum and GHG activities onshore and in coastal waters are the responsibility of individual state and territory governments. This framework ensures optimal environmental protection whilst allowing development of an internationally competitive and sustainable industry.
Please follow the links below for more information on:
Petroleum activities in Commonwealth waters – Summary Environment Plans
Under the Environment Regulations, an operator is required to submit a Summary Environment Plan to the National Regulator (NOPSEMA) for public disclosure. The National Regulator's webpage provides links to Summary Environment Plans relating to activities in Commonwealth waters (from 1 January 2012).
Summary Environment Plans submitted for petroleum activities in Commonwealth waters from 1 January 2006 to 31 December 2011 can be accessed from the Department's web pages.
To contact the Department concerning offshore petroleum environment issues, please refer to the Contact Us page for further assistance.
Review of the Offshore Petroleum and Greenhouse Gas (Environment) Regulations 2009 (Environment Regulations)
In conjunction with implementation of the Government's response to the Montara incident, and following the establishment of the National Offshore Petroleum Safety and Environmental Management Authority (NOPSEMA) on 1 January 2012 as the national environment regulator for petroleum activities in Commonwealth waters, the Department of Resources, Energy and Tourism is undertaking a comprehensive review of the Environment Regulations established under the Offshore Petroleum and Greenhouse Gas Storage Act 2006.
The objective of the Review is to ensure that the Environment Regulations are a suitable basis for regulators to minimise impacts on the environment arising from offshore exploration, development, operation and decommissioning of petroleum and carbon storage activities and facilities.
Release of the Final Terms of Reference for Comment
As a first step in conducting the review, on 26 March 2012 the Department of Resources, Energy and Tourism released the Draft Terms of Reference for public consultation. The public consultation process closed on 16 April 2012.
Public consultation on the Draft Terms of Reference resulted in a small number of minor comments being made. The Department has taken these comments into account in the finalisation of the Terms of Reference.
The next step in progressing the Review will involve the development of an Issues Paper. The Department will then undertake another public consultation process by inviting submissions from interested parties.
Email Updates
If you wish to receive by email updates on the Environment Regulations Review, please send your details to environmentregreview@ret.gov.au.
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