Regulatory responses to the Varanus Island and Montara petroleum accidents: new horizons for Australian offshore petroleum regulation

摘要

Offshore petroleum resource development in Australia, while following many aspects of the models of regulation adopted in the United States and the United Kingdom, is complicated by federation and the constitutional framework governing Australia's offshore zone. Although a regulatory framework for petroleum was established in 1967, Commonwealth legislative changes, a subsequent judicial challenge to the validity of such legislation, and resultant governmental negotiations have resulted in a multifaceted offshore petroleum regulatory framework. The regulatory framework consists of the states, the Northern Territory and the Commonwealth government sharing the regulation of offshore petroleum activities. In light of the Varanus Island gas pipeline explosion in 2008 and the Montara well blowout in 2009, this article explores changes to the Australian offshore petroleum regulatory framework. First, it describes the framework that existed prior to these accidents. It then outlines the legislative changes that followed the Montara incident and the resulting regulatory framework that currently regulates offshore petroleum activities.