CROSS-JURISDICTIONAL APPLICATION
The Minister for the Environment has endorsed the Program and approved a class of
actions arising from a strategic assessment of the environmental management
authorisation process under the Offshore Petroleum and Greenhouse Gas Storage Act
2006 (OPGGS Act) and OPGGS (Environment) Regulations, that was undertaken by the
Department of Industry, Department of the Environment and the National Offshore
Petroleum Safety and Environmental Management Authority (NOPSEMA).
Approved class of actions
The approved class of actions includes all actions which are petroleum and greenhouse
gas activities taken in Commonwealth waters and in accordance with the endorsed
Program, subject to the exclusions described below.
The approved class of actions excludes actions which are petroleum and greenhouse
gas activities that:
 have, will have or are likely to have a significant impact on the environment on
Commonwealth land
 are taken in any area of sea or seabed that is declared to be a part of the Great
Barrier Reef Marine Park under the Great Barrier Reef Marine Park Act 1975
 have, will have or are likely to have a significant impact on the world heritage
values of the Great Barrier Reef World Heritage property or on the national heritage
values of the Great Barrier Reef National Heritage place
 are taken in the Antarctic
 are injection and/or storage of greenhouse gas.
NOPSEMA is now the sole regulator of environmental approvals for offshore petroleum
activities in Commonwealth waters.
Integration of the Program with environmental approvals involving
other jurisdictions
The Program applies only to Commonwealth waters. Where offshore petroleum or
greenhouse gas activities, or impacts from these activities, extend across more than one
jurisdiction – e.g. a pipeline from Commonwealth waters to onshore, or a seismic survey
that crosses into designated state waters – the Program, state legislation and the EPBC
Act will all continue to apply.
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Is activity
solely in
Commonwealth
waters?
NO
YES
Is the component of
the activity in state
waters likely to
have a significant
impact on EPBC
protected matters?
Program applies
NO
YES
Program +
State legislation
applies
Program +
State EPBC Act
applies
NOPSEMA will have administrative arrangements in place with state and territory
resource agencies and the Department of the Environment to ensure the environmental
management elements of a multi-jurisdictional project are considered, and that
consistent and compatible decisions and/or conditions by different regulators are made.
This is important as consideration of part of a multi-jurisdictional project in isolation may
prevent adequate consideration of the larger action’s impacts on matters protected
under Part 3 of the EPBC Act.
For activities in Commonwealth waters, the Program requires that all impacts and risks
arising from the activity are addressed, even where they may occur in state and territory
waters and consultation for Environment Plans must include relevant state/territory
agencies.
Content requirements for cross-jurisdictional project assessments
The content requirements for Offshore Project Proposals and Environment Plans under
the Program are set out in the OPGGS (Environment) Regulations. For crossjurisdictional projects each jurisdiction has its own regulatory requirements, which
titleholders will be required to meet. While an offshore project proposal or environment
plan developed under the Program may not address the specific state requirements
explicitly, much of the information on which they are based will be similar, and a
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structured consideration of requirements should enable titleholders to develop an
efficient approach to meeting cross-jurisdictional regulatory requirements.
Acceptance of cross-jurisdictional projects
In relation to acceptance of cross jurisdictional projects by NOPSEMA:
 if NOPSEMA does not accept the Environment Plan in relation to the proposed
activity in Commonwealth waters, the component of the activity in Commonwealth
waters cannot proceed.
 if the relevant state or territory authority or the Minister for the Environment do not
provide the required approvals for state or territory jurisdiction, the component of
the activity in that jurisdiction cannot proceed.
 if NOPSEMA accepts an Environment Plan, and another agency or the Minister for
the Environment approves an action for the same project with or without
conditions, the titleholder must ensure it meets all legislative requirements that
apply to the action.
Future streamlining opportunities
The Australian Government is committed to delivering a 'one stop shop' for
environmental approvals that will accredit state planning systems under national
environmental law, to create a single environmental assessment and approval process.
The Government has committed to having the one stop shop arrangements implemented
with willing states and territories in September 2014. NOPSEMA’s Program provides for
states and territories to confer environmental management powers for state waters to
NOPSEMA under legislation. This opportunity is yet been taken up by any states or
territory.
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