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Appendix a - Relevant Legislation

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Appendix a - Relevant Legislation WHP and Subsea Fields AC/L7 & AC/L8 Drilling Program 2020 Environment Plan TM-50-PLN-I-00001 Rev 2 APPENDIX A - RELEVANT LEGISLATION APPENDIX A: RELEVANT LEGISLATION APPENDIX A: RELEVANT LEGISLATION Convention on Biological Diversity (1992) The objectives of the convention are the conservation of biological diversity, the sustainable use of its components and the fair and equitable sharing of the benefits arising out of the utilisation of genetic resources. United Nations Framework Convention on Climate Change (1992) The objective of the convention is to stabilise greenhouse gas concentrations in the atmosphere at a level that would prevent dangerous interference with the climate system. Australia ratified the convention in December 1992 and it came into force on 21 December 1993. International Convention on Oil Pollution Preparedness, Response and Co-operation (1990) This convention sets up a system of oil pollution contingency plans and cooperation in fighting oil spills. Vienna Convention on the Protection of the Ozone Layer (1985) and the Montreal Protocol; on Substances that Deplete the Ozone Layer (1987) The Convention (ratified by Australia in 1987) and the Protocol (ratified in 1989) concern the phasing out of ozone depleting substances. United Nations Convention on the Law of the Sea (UNCLOS) (1982) Part XII of the convention sets up a general legal framework for marine environment protection. The convention imposes obligations on State Parties to prevent, reduce and control marine pollution from the various major pollution sources, including pollution from land, from the atmosphere, from vessels and from dumping (Articles 207 to 212). Subsequent articles provide a regime for the enforcement of national marine pollution laws in the many different situations that can arise. Australia signed the agreement relating to the implementation of Part XI of the Convention in 1982, and UNCLOS in 1994. Bilateral Agreements on the Protection of Migratory Birds Australia has negotiated bilateral agreements with Japan (Japan-Australia Migratory Birds Agreement [JAMBA], 1974), China (China-Australia Migratory Birds Agreement [CAMBA], 1986) and the Republic of Korea (Republic of Korea – Australia Migratory Birds Agreement [ROKAMBA], 2007) to protect species of migratory birds with international ranges. In November 2006, the East Asian-Australasian Flyway Partnership (Flyway Partnership) was launched in order to recognise and conserve migratory waterbirds in the East Asian – Australasian Flyway for the benefit of people and biodiversity. Convention on the Conservation of Migratory Species of Wild Animals (CMS or Bonn Convention) (1979) This Convention was concluded in 1979 and came into force on 1 November 1983. The Convention arose from a recommendation of the United Nations Conference on the Human Environment (Stockholm, 1972), and aims to conserve terrestrial, marine and avian species over the whole of their migratory range. It commits “Range States” to take action to conserve migratory species, especially those under threat. It is an umbrella agreement under which subsidiary regional agreements are established. International Convention for the Protection of Pollution from Ships (1973) and Protocol (1978) APPENDIX A: RELEVANT LEGISLATION This Convention and Protocol (together known as MARPOL) build on earlier conventions in the same area. MARPOL is concerned with operational discharges of pollutants from ships. It contains five Annexes, dealing respectively with oil, noxious liquid substances, harmful packaged substances, sewage and garbage. Detailed rules are laid out as to the extent to which (if at all) such substances can be released in different sea areas. The legislation giving effect to MARPOL in Australia is the Protection of the Sea (Prevention of Pollution from Ships) Act 1983, the Navigation Act 2012 and several Parts of Marine Orders made under this legislation. Australian and New Zealand guidelines for fresh and marine water quality (ANZECC/ARMCANZ 2000) These guidelines provide a framework for water resource management and state specific water quality guidelines for environmental values, and the context within which they should be applied. International Convention for the Prevention of Pollution from Ships, 1973/1978 (MARPOL 73/78) This convention is designed to reduce pollution of the seas, including dumping, oil and exhaust pollution. MARPOL 73/78 currently includes six technical annexes. Special areas with strict controls on operational discharges are included in most annexes. International Convention on the Control of Harmful Anti-fouling Systems This convention prohibits the use of harmful organotins in anti-fouling paints used on ships, and establishes a mechanism to prevent the potential future use of other harmful substances in anti- fouling systems. International Convention for the Safety of Life at Sea (SOLAS) 1974 In the event of an offshore emergency event that endangers the life of personnel, the International Convention for the Safety of Life at Sea (SOLAS) 1974 may take precedence over environmental management. Bonn Agreement for Cooperation in Dealing with Pollution of the North Sea by Oil and other harmful substances (Bonn Agreement) The Bonn Agreement is the mechanism by which the North Sea states, and the European Union (the Contracting Parties), work together to help each other in combating pollution in the North Sea area from maritime disasters and chronic pollution from ships and offshore installations; and to carry out surveillance as an aid to detecting and combating pollution at sea. The Bonn Agreement Oil Appearance Code (BAOAC) may be used during spill response activities. London (Dumping) Convention (1972) Dumping at sea is regulated by the convention on the Prevention of Marine Pollution by Dumping of Wastes and other Matter 1972 (the 'London Convention'). Article 4 provides a general prohibition on dumping of wastes except as specified in the Convention. The convention has annexed to it two lists of substances, the 'black list' of substances which may not be dumped at all, and the 'grey list' of substances which may only be dumped under a specific permit. International Convention Relating to Intervention on the High Seas in Cases of Oil Pollution Casualties (1969) The convention gives States Parties powers to intervene on ships on the high seas when their coastlines are threatened by an oil spill from that ship. International Convention on Civil Liability for Oil Pollution Damage (1969) APPENDIX A: RELEVANT LEGISLATION The convention and the associated International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage 1971 set up a system of compulsory insurance and strict liability up to a certain figure for damages suffered as a result of an oil spill accident. Offshore Petroleum and Greenhouse Gas Storage Act 2006 The OPGGSA 2006 (OPGGSA) entered into force in 2008, superseding and repealing the previous offshore petroleum legislation – the Offshore Petroleum Act 2006 (OPA) and the Petroleum (Submerged Lands) Act 1967 (PSLA). Facilities located entirely in Commonwealth offshore waters are controlled by the Commonwealth OPGGSA and its regulations, including but not limited to the Offshore Petroleum and Greenhouse Gas Storage (Environment) Regulations 2009 (OPGGS (E) Regulations). The Act, and its regulations, is currently administered by the Joint Authority, which consists of the Commonwealth Minister for Resources and Energy and the State Minister for Mines and Petroleum. The WA Minister for Mines and Petroleum acts as a Designated Authority and is advised by the DMP whilst the Commonwealth Minister for Energy and Resources is advised by the Commonwealth Department of Resources, Energy and Tourism (DRET). Offshore Petroleum and Greenhouse Gas Storage (Environment) Regulations 2009 (OPGGS (E) Regulations) Under the OPGGS (E) Regulations an EP is required for proposals under Commonwealth jurisdiction, comprising a description of the environmental effects and risks of the project, and proposed mitigation measures to reduce these risks. The EP must be submitted to, and accepted by the Designated Authority (DA). The DA for Commonwealth waters adjacent to Western Australian state waters and out to the Australian Exclusive Economic Zone (EEZ) at 200 nm is NOPSEMA, who administers the regulations. Environment Protection and Biodiversity Conservation Act 1999 This Act came into force in July 2000 replacing five existing Commonwealth Acts (Environmental Protection (Impact of Proposals) Act 1974, World Heritage Properties Conservation Act 1983, National Parks and Wildlife Conservation Act 1975, Whale Protection Act 1980; and Endangered Species Protection Act 1992). The Environment Protection and Biodiversity Conservation Act (EPBC) provides for the protection of the environment, especially those aspects of the environment that are matters of National Environmental Significance (NES); and promotes ecologically sustainable development through the conservation and ecologically sustainable use of natural resources. Under this legislation all activities that will, or have the potential to, affect matters of NES are prohibited except; when undertaken in accordance with approval by the Minister for Environment, or when approved through a Bilateral Agreement with a State or Territory, or when approved through a process accredited by the Minister. Matters of “National Environmental Significance” are: World Heritage Properties; National Heritage Places;
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