AMSA Letter Template

20 December 2013

Mr Demus King Chair of Taskforce Offshore Streamlining Taskforce Department of Industry GPO Box 1564 CANBERRA ACT 2601

REF: Streamlining Offshore Petroleum Environmental Approvals – Consultation Opportunity

Dear Mr King

Thank you for the opportunity for officers from AMSA, Mr Paul Nelson and Mr Alec Millett, to attend the recent Department of Industry (DoI) information session on Streamlining Offshore Petroleum Environmental Approvals. Both attendees found the session to be very informative and appreciated the time taken after the meeting to allow a number of issues to be discussed with members of the Taskforce. It is understood that comments provided to the Taskforce by 20th December 2013 will be used as input into the final Program and Strategic Assessment reports, to be submitted to the Minister for the Environment for endorsement.

AMSA acknowledges the requirement of the OPGGS Act, as described in the related draft Program Report, that petroleum and greenhouse gas activities must be carried out in a manner that does not interfere with navigation. To inform the preparation of Environment Plans, AMSA is consulted by titleholders and provides advice on matters of shipping navigation and related navigational safety. This includes highlighting vessel traffic patterns, IMO adopted areas and other busy shipping locations, areas to be avoided, charted shipping fairways and Particularly Sensitive Sea Areas, all of which cause particular concern when both operational and survey areas may encroach on these potentially busy locations.

It is not always clear to AMSA how this advice has been taken into account in the Environment Plan process. In the interests of transparency and, given that avoiding interference with navigation is a specific requirement of the OPGGS Act, AMSA requests that the Program requires titleholders to provide written feedback to AMSA and other consulted authorities, on how their respective advice has been incorporated into the Environment Plan submitted to NOPSEMA.

The draft Strategic Assessment Report provides some description of how beneficial impacts on the environment are to be taken into account, however, the draft Program Report does not appear to address this matter. AMSA appreciates that the OPGGS Act sets out an objective-based regime and does not prescribe standards. There are, however, prescriptive elements under the International Convention for the Prevention of Pollution from Ships (MARPOL) that apply to offshore petroleum activities, including fixed or floating platforms.

AMSA requests that the Program explicitly clarify that, in assessing activities, risks and impacts to which MARPOL applies, titleholders will be required to demonstrate how they will meet the international obligations set out under MARPOL and that the consideration of beneficial environmental impacts will not result in any derogation of these obligations.

The draft Program Report notes that NOPSEMA may take into consideration any relevant information when assessing the risks and impacts of activities. Marine Spatial Planning (MSP) is as an initiative to support and facilitate common water space management that could greatly assist streamlining and decision-making by NOPSEMA. MSP has the potential to integrate a number of relevant spatial information sources that may be available from the Australian Government and other information holders. AMSA is working closely with Geoscience Australia to facilitate the development and adoption of MSP for common use water space management, for both regulators and end-users/proponents. AMSA requests that the Program makes clear commitments to the integration of MSP as relevant information.

Thank you for the opportunity to comment on this streamlining initiative.

Yours sincerely

Toby Stone GENERAL MANAGER MARINE ENVIRONMENT DIVISION

Level 5, 82 Northbourne Avenue, Braddon ACT 2612 GPO Box 2181, Canberra ACT 2601 p 02 6279 5073 e [email protected]