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.

Page 1 of 4 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. 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.

Page 3 of 4 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 cross- jurisdictional 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 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.