ASSESSMENT AND APPROVAL OF PETROLEUM ACTIVITIES UNDER THE COMMONWEALTH ENVIRONMENT PROTECTION AND BIODIVERSITY CONSERVATION ACT 1999—LESSONS LEARNED

Abstract

This paper provides a brief overview of the Environment Protection and Biodiversity Conservation Act 1999 (the Act) with respect to the upstream petroleum industry and focusses on the aspects of assessments and approvals under the Act.

The inception of the Act on 16 July 2000 has created a new environmental assessment and approval regime at the Commonwealth level. No longer are proposals referred for assessment on the basis of government decisions, but on the basis of the potential for a proposal to impact upon a matter of National Environmental Significance (NES). Examining the statistics of referrals made, controlled actions determined and approvals granted, provides a useful guide as to the types of activities that are captured by the Act. This exercise is particularly valuable for the oil and gas sector.

With more than 20 of the referrals received from the petroleum sector being determined to be controlled actions (that is, actions that are likely to have a significant impact upon matters of NES), a review of the assessment and approval processes under the Act provides some useful insights into what factors to consider when seeking approval under the Act. In particular, information on the timeframes involved, extent of information required, form and scope of approval conditions and synergies with other approval requirements provide valuable insights to proponents and can assist in planning future activities in a manner that is consistent with both the requirements of the Act and those of the proposed action.

This paper identifies key issues and lessons for proponents when seeking approval under the Act and also identifies areas where industry can work closely with the Commonwealth Government in ways to achieve a balance between environmental protection and the continued development of the oil and gas industry.