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4708
2004-2005
The Parliament of the
Commonwealth of Australia
THE SENATE
Offshore Petroleum Bill 2005
(Amendments to be moved by Senator Milne on behalf of the Australian Greens in committee of the whole)
(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.
(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.