Developing New Environmental Regulations for the Australian Offshore Petroleum Industry

摘要

specific to the offshore Australian exploration and productionrnindustry, titled Commonwealth Petroleum (Submerged Lands)rn(Management of Environment) Regulations 1999, werernintroduced. These regulations adopt an objective, risk basedrnapproach, replacing an essentially prescriptive regime ofrndirections previously used to regulate existing offshorernactivities. They represent a significant change to offshorernenvironmental management requirements.rnThe regulations were developed by a working group consistingrnof key stakeholders from government, industry and nongovernmentrnorganisations (NGOs). The NGOs werernrepresented by members of Greenpeace. Agreement wasrnreached by all stakeholders enabling the respective Ministersrnto endorse the regulations in the knowledge that economic,rnenvironmental and social values had been adequatelyrnaddressed. The process of sharing stakeholder values in therndevelopment of these regulations has significantly influencedrnthe content and direction of these regulations.rnThis paper reviews the requirements of the new regulations,rncompares and contrasts the new regulations with the previousrnprescriptive regime, and considers the overall effectiveness ofrnthe consultation process.rnIntroductionrnChanging community values have placed petroleum industryrnenvironmental performance and government decision makingrnunder more intense scrutiny. The need for greater transparencyrnin the regulation process and a more accountable petroleumrnindustry has provided the stimulus for regulatory development.rnNew environmental regulations have introduced an objectivernrisk based co-regulatory approach for regulating thernenvironmental performance of the Australian offshorernpetroleum industry. The recently developed regulations havernreplaced a series of outdated prescriptive directions used tornregulate the activities. A co-regulatory approach involves thernsetting of performance targets in consultation with industryrnand the community, negotiated within prescribed limits, tornachieve an agreed level of environmental protection (DPIErn1997a). These regulations, under the Petroleum (SubmergedrnLands) Act 1967, became effective 1 October 1999, andrnallowed a transition period of 2 years for existing activitiesrnsuch as production facility operations.rnWhy Change?rnPressure for government policy changes regarding petroleumrnindustry regulation began in the middle 1990's. During thisrnperiod Safety Case legislation was introduced to Australiarnsignaling a move toward objective based regulation.rnIncreasing petroleum activity and widespread publicityrnregarding the effects of oil spills worldwide has increasedrncommunity expectations for government and industry torneffectively regulate and manage risk. Recognition of the needrnfor greater transparency in law making provided furtherrnstimulus for a strong consultative approach to the developmentrnof regulations.rnThe regulations were developed by a core working group thatrnconsisted of Commonwealth and State/Territory governmentrnbodies, petroleum industry operators and Greenpeacernrepresenting a range of NGOs. Industry was also representedrnby the Australian Petroleum Production and ExplorationrnAssociation (APPEA). A secondary correspondence workingrngroup consisted of all other identified stakeholders includingrnfisheries, indigenous, tourism and transport interests.rnOutcomes of the core working group were distributed to therncorrespondence working group for review and comment. Thernuse of a small core working group of key stakeholders togetherrnwith a large correspondence working group proved to be anrneffective consultative process.