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Offshore Petroleum Bill 2006

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4708

2004-2005

 

The Parliament of the

Commonwealth of Australia

 

THE SENATE

 

 

 

 

 

Offshore Petroleum Bill 2005

 

 

(1)     Page 2 (after line 12), after clause 2, insert:

2A  Object

The object of this Act is to ensure that any offshore activities relating to petroleum exploration, recovery, storage and transport are carried out in a way that is consistent with the principles of ecologically sustainable development, especially in relation to the conservation of marine resources.

[object of Act ]

(2)     Clause 6, page 15 (line 20), after “safe”, insert “and in accordance with the principles of ecologically sustainable development”.

[definition]

(3)     Clause 6, page 19 (after line 12), after the definition of petroleum , insert:

Petroleum activity means operations carried out under a permit, lease, licence, authority or consent under the Act or the regulations and, in particular, any of the following operations:

                     (a)  seismic or other surveys;

                     (b)  drilling;

                     (c)  construction and installation of a facility;

                     (d)  operation of a facility;

                     (e)  significant modification of a facility;

                      (f)  decommissioning, dismantling or removing a facility;

                     (g)  construction and installation of a pipeline;

                     (h)  operation of a pipeline;

                      (i)  significant modification of a pipeline;

                      (j)  decommissioning, dismantling or removing a pipeline;

                     (k)  storage, processing or transport of petroleum;

[definition]

(4)     Clause 6, page 19 (after line 32), after the definition of pipeline provisions , insert:

principles of ecologically sustainable development means but is not limited to the following:

                     (a)  decision-making processes should effectively integrate both long-term and short-term economic, environmental, social and equitable considerations;

                     (b)  if there are threats of serious or irreversible environmental damage, lack of full scientific certainty should not be used as a reason for postponing measures to prevent environmental degradation;

                     (c)  the principle of inter-generational equity—that the present generation should ensure that the health, diversity and productivity of the environment is maintained or enhanced for the benefit of future generations;

                     (d)  the conservation of biological diversity and ecological integrity should be a fundamental consideration in decision-making;

                     (e)  improved valuation, pricing and incentive mechanisms should be promoted.

[definition]

(5)     Page 251 (after line 7), after clause 243, insert:

243A  Approved environment plan required for a petroleum activity

             (1)  A person must not carry out a petroleum activity unless there is an environment plan approved by the designated authority in force for the activity.

Penalty:  100 penalty units.

             (2)  The contents of an environment plan must be in accordance with the regulations.

[requirement for environment plan]

(6)     Page 251 (after line 7), after clause 243, insert:

243B  Activities must comply with approved environment plan

A person carrying out a petroleum activity for which there is an approved environment plan in force must not carry out the activity in a way that is contrary to the environment plan.

Penalty:  100 penalty units.

[complying with environment plan]

(7)     Page 251 (after line 7), after clause 243, insert:

243C  Operations must not continue where new environmental risk identified

A person carrying out a petroleum activity for which there is an approved environment plan must not carry out the activity after the identification of :

                     (a)  any significant new environmental effect or risk; or

                     (b)  a significant increase in an existing environmental effect or risk arising from the activity;

unless the new or increased effect or risk is provided for in the environment plan.

Penalty:  100 penalty units.

[ new or increased risk]