"M NOPSEMA MW Australia's offshore energy regulator DIRECTION...

"M NOPSEMA MW Australia's offshore energy regulator
DIRECTION
General Direction — s 574
Offshore Petroleum and Greenhouse Gas Storage Act 2006 (Cth)
Direction No: 1898
To Santos NA Barossa Pty Ltd, SK E&S Australia Pty Ltd and Santos Offshore Pty Ltd:
Issue of Direction/s - section 574 of the Offshore Petroleum and Greenhouse Gas Storage Act 2006
I, Cameron Charles Grebe, Head of Division — Environment, Renewables and Decommissioning and delegate
of the National Offshore Petroleum Safety and Environmental Management Authority (NOPSEMA), make
this instrument under section 574 of the Offshore Petroleum and Greenhouse Gas Storage Act 2006 (the
Act).
c~
Cameron Grebe
Head of Division — Environment, Renewables and Decommissioning
13 January 2023
1. Commencement
This direction takes effect on the date of signature.
2. Application
This direction applies to Santos NA Barossa Pty Ltd (ACN 109 974 932), SK E&S Australia Pty Ltd (ACN 158
702 071) and Santos Offshore Pty Ltd (ACN 005 475 589), the registered holders of Pipeline Licence NT/PL5
(registered holders).
3. Direction
a. The registered holders are given the directions contained in Schedule 1.
b. Each direction in Schedule 1 is a separate direction.
National Offshore Petroleum Safety and Environmental A902627 Page 1 of 5
NOPSEMA
Australia's offshore energy regulator
General Direction — s 574
Direction 1898
Schedule 1
Direction 1
The registered holders must notify NOPSEMA of any future activities covered by the Barossa Gas Export
Pipeline Installation Environment Plan (EP) that are to commence at least 10 days before the activity
commences.
Direction 2
The registered holders must undertake and complete an assessment to identify any underwater cultural
heritage places along the Barossa pipeline route (Pipeline Route) to which people, in accordance with
Indigenous tradition, may have spiritual and cultural connections that may be affected by the future
activities covered by the EP (the assessment), as follows:
a) The assessment is to be undertaken by suitably qualified and independent experts with relevant
experience and research credentials (experts).
b) In undertaking the assessment, the experts must:
i. obtain information from people and /or organisations who have, in accordance with
Indigenous tradition, spiritual and cultural connections to any underwater cultural
heritage places along the Pipeline route that may be affected by the activities; and
ii. record and have regard to the information obtained.
c) The assessment must be recorded in a report that is to be provided on completion to:
i. people and/or organisations who provided information under paragraph (b)(i) above;
and
ii. NOPSEMA.
Direction 3
Following the completion of the assessment required by Direction 2, if any underwater cultural heritage
places along the Pipeline Route to which people, in accordance with Indigenous tradition, may have
spiritual and cultural connections are identified that may be affected by future activities covered by the EP,
the registered holders must update the EP.,This must include relevant content as required under
regulation 13 and regulation 14 of the Offshore Petroleum and Greenhouse Gas Storage (Environment)
Regulations 2009 (Environment Regulations), including details and evaluation of impacts and risks (the
evaluation) of future activities, including:
a. the methods and results of the evaluation on any identified underwater cultural heritage places along
the Pipeline Route to which people, in accordance with Indigenous tradition, may have spiritual and
cultural connections identified in undertaking Direction 2;
1 The requirement to "update" means to internally revise the previously accepted environment plan. An update is not required to be submitted to
NOPSEMA except as required by the Environment Regulations
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NOPSEMA
Australia's offshore energy regulator
General Direction — s 574
Direction 1898
b. details of the control measures (if any) adopted to demonstrate that the environmental impacts and
risks of the activity will be reduced to as low as reasonably practicable (ALARP) and be of acceptable
levels;
c. a description of any other legislative requirements that apply to the activity and a demonstration of
how those will be met; and
d. how any information obtained from people and / or organisations who provided information under
paragraph 2(b)(i) above, has been taken into account in the evaluation, and in determining control
measures.
Direction 4
The registered holders must submit progress reports to NOPSEMA detailing progress in undertaking the
actions required by Directions 2 and 3 every 7 days from the date of this Direction, until those Directions
have been met.
National Offshore Petroleum Safety and Environmental Management Authority A902627 Page 3 of 5
~► NOPSEMA
Australia's offshore energy regulator
General Direction — s 574
Direction 1898
Explanatory Statement
On 9 March 2020, NOPSEMA accepted the EP (Revision 3, Document Number BAA-100 0329 Dated 7
February 2020) prepared by ConocoPhillips Australia Exploration Pty Ltd. The EP includes the activity of
construction of the Barossa Gas Export Pipeline from the Barossa Field to a tie-in at the existing Bayu
Undan Pipeline. The proposed pipeline route's closest point to shore is approximately 7 km off the western
parts of the Tiwi islands.
In May 2021, a change in titleholders occurred and Santos Barossa NA Pty Ltd (Santos) was listed as a
titleholder for pipeline licence NT/P5 and updated the EP through an internal management of change
(MOC) process in September 2021.
On 21 and 22 December 2022, NOPSEMA conducted an environmental inspection on Santos' registered
business premises, at short notice, relating to potential environmental impacts and risks of the activity not
previously identified in the EP.
During the inspection, NOPSEMA Inspectors identified that the registered holders planned to commence
the construction activity (for the pipeline) at the end of January 2023.
NOPSEMA Inspectors also identified more information was required to be obtained by the registered
holders regarding consideration of environmental impacts and risks of the activity to any underwater
cultural heritage places along the Barossa Pipeline Route to which people, in accordance with Indigenous
tradition, may have spiritual and cultural connections.
On 22 December 2022, Santos wrote to NOPSEMA determining to undertake its MOC process in relation to
the environmental impacts and risks of the activity not previously identified in the EP.
The registered holders also gave an undertaking not to commence pipeline construction until its MOC
process had been completed, and NOPSEMA had inspected that process. NOPSEMA notes this undertaking
is consistent with regulation 8 of the Environment Regulations.
In issuing this General Direction, NOPSEMA has taken into account the submissions made by the registered
holders, after two opportunities were provided for them to comment on drafts of the General Direction.
NOPSEMA nevertheless determined that this General Direction is required to ensure that any
environmental impacts or risks to underwater cultural heritage places along the Barossa Pipeline Route to
which people, in accordance with Indigenous tradition, may have spiritual and cultural connections not
provided for in the EP in force, are identified and reduced to ALARP and are of an acceptable level.
In accordance with regulation 17(6) of the Environment Regulations, titleholders are required to submit a
proposed revision of the EP for an activity before or as soon as practicable after: (a) the occurrence of a
significant new environmental impact or risk, or significant increase in an existing environmental impact or
risk, not provided for in the EP; or (b) the occurrence of a series of new environmental impacts or risks, or a
series of increases in existing environmental impacts or risks, which, taken together, amount to the
occurrence of a significant new environmental impact or risk or a significant increase in an existing
environmental impact or risk.
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'4 NOPSEMA
Australia's offshore energy regulator
General Direction — s 574
Direction 1898
Notes
Breach of a direction
Under sub section 576(1) of the Act, if a person is subject to a general direction under section 574 and the
person engages in conduct that breaches that direction, the person commits an offence:
Fault-based offence — 5 years imprisonment or 2,000 penalty units, or both (10,000 penalty units for a body
corporate).
Strict liability offence —100 penalty units (500 penalty units for a body corporate).
Civil penalty provision — 525 penalty units (2,625 penalty units for a body corporate).
Continuing offences — a person who commits a fault-based or strict liability offence commits a separate
offence in respect for each day during which the offence continues. The maximum penalty for each day
that the offence continues is 10% of the maximum penalty that can be imposed in respect to that offence.
Continuing contraventions of civil penalty provisions — a person who contravenes the civil penalty
provision commits a separate contravention in respect for each day during which the contravention
continues. The maximum civil penalty for each day that the contravention continues is 10% of the
maximum civil penalty that can be imposed in respect to that contravention.
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