Our ref: 522/12
Enquiries: Fiona Rowland (08) 9482 7200
Chair of the Offshore Streamlining Taskforce
Department of Industry
GPO Box 1564
CANBERRA ACT 2601
Dear Sir/Madam
Australian Government – Streamlining Offshore Petroleum Environmental
Approvals
Thank you for the opportunity to comment on the “Strategic Assessment of the
Environmental Management Authorisation Process for Petroleum and Greenhouse
Gas Storage Activities Administered by the National Offshore Petroleum Safety and
Environmental Management Authority (NOPSEMA) under the Offshore Petroleum
and Greenhouse Gas Storage Act 2006 (OPGGS Act)”.
The Department of Fisheries (Department) broadly supports the streamlining of
these processes. We have reviewed the Program Report, the Draft Strategic
Assessment Report and the Exposure Draft for the OPPGGS Regulations, and
provide specific comments at Attachment 1.
Please contact Fiona Rowland on (08) 9482 7200 should you have any queries
regarding the attached advice.
Yours sincerely
Rae Burrows
General Manager, Aquatic Environment
December 2013
3rd Floor, The Atrium 168 St Georges Terrace Perth Western Australia 6000
Telephone +61 8 9482 7333 Facsimile +61 8 9482 7389
Email: headoffice@fish.wa.gov.au Website: http://www.fish.wa.gov.au
wa.gov.au
ABN 55 689 794 771
ATTACHMENT 1
DEPARTMENT OF FISHERIES COMMENTS ON THE STREAMLINING OFFSHORE
PETROLEUM ENVIRONMENTAL APPROVALS PROCESS FOR ACTIVITIES
ADMINISTERED BY NOPSEMA UNDER THE OFFSHORE PETROLEUM AND
GREENHOUSE GAS STORAGE ACT 2006 (OPGGS 2006)
Background
The Department of Fisheries (Department) has jurisdiction for activities that affect fish,
fisheries and the aquatic environment in State Waters under the Fish and Aquatic
Resources Management Act 1994 (FRMA 1994) (and associated Fish and Aquatic
Resources Regulations 1995). In Commonwealth waters, the Department has either sole
jurisdiction or joint control of fisheries under the Offshore Constitutional Settlement 1995.
The Department previously commented on the Terms of Reference for the Strategic
Assessment and gave in-principal support for the process. In particular, we recognised this
streamlining process as an opportunity to formalise the Department’s role in the
consultation process, and support the changes that bring this into effect.
The Department now provides the following comments on the proposed streamlining
process:
Offshore Project Proposals
The Department understands that the Offshore Project Proposal (OPP) will replace the
referral component of the current process under Environment Protection Biodiversity
Conservation Act 1999 (EPBC Act 1999). The OPP will be administered by NOPSEMA
under the OPGGS 2006.
We also understand that an approved OPP does not represent an approval to undertake
on-ground activity. Instead, OPP approval is a necessary step for all Development Projects
prior to undertaking an Environment Plan (EP). The OPP provides evidence that the project
has identified, evaluated and addressed any direct, indirect and future risks/impacts relating
to the proposed project.
Broadly, the Department supports this approach, and in particular we strongly support the
new statutory requirement for a minimum four weeks public consultation. We are, however,
concerned that the title holder is solely responsible for deciding whether or not to undertake
an OPP for all ‘non-development’ projects. Instead, we recommend that NOPSEMA retains
the right to cause the proponent to undertake an OPP in exceptional circumstances, for
example where seismic surveys are conducted in areas with uniquely important
environmental, cultural or economic values.
Environment Plans
The Department understands that the EP process is subject to only minor amendments,
and will largely continue as per current practice. Most notable of the suggested changes is
the new offence provision for failure by a titleholder to advise relevant State or Territory
Ministers of commencement of drilling operations or seismic survey operations, and the
Department strongly supports this.
However, and because of the dynamic nature of the aquatic environment and fisheries
management, the Department would prefer that EPs do not cover activities beyond a 12
month timeframe without requiring subsequent approval from relevant persons.
Specifically, the Department does not support the current trend for submitting long-term
‘strategic’ EPs to cover a diversity of activities across a multi-year timeframe because our
ability to provide accurate advice to the proponent is diminished.
Specific changes to the OPGGS (2006) Regulations
The Department notes the major changes made to the OPGGS Regulations and makes the
following comments:
1. Environmental performance outcomes – the Department strongly supports the
change from environmental performance ‘objectives’ to ‘outcomes’.
2. Change of responsibility from ‘Operator’ to ‘Titleholder’ – supported.
3. Definition of ‘petroleum activity’ – the Department does not support the exclusion of
geophysical surveys from the EP process because boat movements associated with
these activities can still impact fishers.
4. Environment Plan assessment and acceptance process – we understand that
rejected EPs will no longer need to be wholly resubmitted, instead minor changes
can be amended. Whilst we support this change, the Department seeks assurance
that NOPSEMA will propose further consultation with relevant persons should these
minor changes result in unintended consequences.
5. Reportable incident and associated requirements – the Department supports rapid
verbal reporting of incidents, but suggests that written notification of all incidents
should follow this advice.
6. Changes to reporting and monitoring requirements – the Department supports
changes that require all recordable incidents to be reported to NOPSEMA.
7. Marine Pollution Incident Requirements – the Department supports changes that
formalise the ‘polluter pays’ provisions, and explicitly requires a response
appropriate to the nature and extent of the incident. We do, however, request that all
State agencies with a role in oil spill response are considered ‘relevant persons’ for
the purposes of EP development and consultation.
8. Provision of information to the Regulator – the Department supports the provision of
all relevant proponent information to NOPSEMA, as appropriate to the streamlining
process.
9. Environment Plan summary information requirements – the Department strongly
supports the publication of approved EP summaries as a means of improving
transparency and public awareness.