Frequently Asked Questions

A petroleum activity is defined in this document as an activity carried out with authority granted under the petroleum act or regulations. In particular, a petroleum activity is any of the following activities:

• Seismic or other surveys
• Drilling
• Construction and installation of a facility
• Operation of a facility
• Significant modification of a facility
• Decommissioning, dismantling and removing a facility
• Construction and installation of a pipeline
• Operation of a pipeline
• Significant modification of a pipeline
• Decommissioning, dismantling and removing a pipeline
• Storage, processing and transport of petroleum
• Any other activities or works for which a petroleum instrument, other authority or consent is required under the Petroleum Act 1967 (WA) or regulations

This definition covers any stage of current and proposed activities, and any stage of an activity, and is consistent with the Petroleum (Submerged Lands) (Management of Environment) Regulations 1999 (Cwlth).

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To obtain approval to carry out petroleum activities, a proponent must submit an application form available from the Department of Mines and Petroleum (DMP). The application form must be accompanied by supporting environmental documentation. For exploration and production proposals, the environmental documentation currently consists of an Environmental Management Plan (EMP) and an Oil Spill Contingency Plan (OSCP) for offshore activities. Under the Petroleum (Submerged Lands) (Management of Environment) Regulations 1999 (Cwlth), which took effect in October 1999, an Environmental Plan (EP) will be required in place of an EMP for proposals under Commonwealth jurisdiction.

The objective of submitting environmental documentation is to ensure that petroleum activities are carried out in an ecologically sustainable manner, in accordance with appropriate risk-based environmental performance objectives and standards, as measured against appropriate performance criteria.

A proponent may also require additional environmental approval under other (separate) processes. Specifically a proponent may be required to refer a proposal to the Commonwealth Department of the Environment, Water, Heritage and the Arts (DEWHA) under the Environmental Protection and Biodiversity Conservation Act 1999 (Cwlth) (EPBC Act) even though an application to undertake the activity (including an accepted EMP or EP) has been approved by DMP. Other approvals that may be required include requirements for permits. A works approval may be required from the Department of Environment and Conservation (DEC) for petroleum proposals that are a prescribed premise. (Further information can be obtained from DEC's web site.)

Under the EPBC Act a permit may be required for activities that may impact a matter of National Environmental Significance (NES). For example, a proposal that is likely to interfere with a cetacean (this may include seismic activity that occurs in known cetacean migratory routes) may require a permit. The requirement for a permit under the EPBC Act is independent of whether a proposal has been referred, assessed and/or approved under the Act. (Further information can be obtained from DEWHA's website.)

Further information can be obtained from Guidance Material and Publications.

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I’ve submitted an application to the Department of Mines and Petroleum (DMP) with an Environmental Management Plan/Environmental Plan (EMP/EP). Does this mean that I don’t have to refer the proposal under the Environmental Protection and Biodiversity Conservation Act 1999 (Cwlth) (EPBC Act)?

The submission of an EMP/EP with an application is a requirement of petroleum legislation/regulation. The requirement to refer a proposal under the EPBC Act is a process independent of those administered by DMP.

It is the responsibility of the proponent to refer a proposal to the Commonwealth Department of the Environment and Heritage (DEH) under the EPBC Act if they consider a proposal has, will have, or is likely to have a significant impact on a matter(s) of NES.

There are also substantial penalties associated with not fulfilling the requirements of the EPBC Act, including fines and prison terms. Therefore, if a proponent is uncertain whether their proposal triggers the EPBC Act, it may be beneficial to adopt a precautionary approach and refer the proposal.

See Guidance Material and Publications for further information on Environmental Assessment Processes.
 

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Under the Environmental Protection and Biodiversity Conservation Act 1999 (Cwlth) (EPBC Act), the responsibility for referral lies with the proponent, whereas previously under the Environnental Protection (IP) Act the Joint Authority was responsible for the designation of a proponent for assessment by the Commonwealth Department of the Environment, Water, Heritage and the Arts (DEWHA). The Commonwealth Minister for the Environment can now also set conditions of approval directly on a proposal.

The EPBC Act also sets statutory timeframes for determining whether a referred proposal is an action requiring further assessment, on the setting of a level of assessment, on DEWHA preparing an assessment to report to the Commonwealth Environment Minister and on determining approval and the setting of conditions.

Additionally, the information required by DEWHA to determine whether a referred proposal triggers the EPBC Act differs from information previously submitted under the EP(IP) Act. Guidelines on the content of a referral form can be obtained from DEH's web site.

If a proposal is determined to trigger the EPBC Act, the assessment will only relate to matters of NES (other environmental issues will be dealt with under existing petroleum legislation/regulation).

The EPBC Act is also cross-jurisdictional and any impact on a matter(s) of NES will trigger a referral regardless of whether the proposal is in a State or Commonwealth area.

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The Department of Mines and Petroleum' (DMP) Environment Division is the first point of contact.

The Environment Division can provide advice on areas within the jurisdiction of DMP, on issues which are likely to be relevant to the proposal, and recommend other relevant agencies to contact.

As it is the responsibility of the proponent to identify all environmental aspects associated with their proposal, DMP encourages proponents to seek advice from relevant government agencies with jurisdiction over specific issues that relate to the proposed operation. For example, if information is needed about the proximity of the site to CALM managed nature reserves and other high nature conservation values, CALM will be the best point of contact.

Consultation with other agencies should occur prior to the submission of an application to DMP. See Interactions with Other Government Agencies section for key contacts

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The proponent is responsible for providing the following:

• Information about the proposal
• Location of the proposal
• The receiving environment
• The environmental issues and potential effects of the proposal

This information should be presented in an Environmental Management Plan (EMP) for proposals under State jurisdiction, or an Environmental Plan (EP) for proposals under Commonwealth jurisdiction.

The scope and detail of an EMP/EP will vary depending on the location of the proposal and the environmental sensitivities of the area. However, the EMP/EP should be sufficiently detailed to assist the Department of Mines and Petroleum (DMP) to determine whether the proposal should be formally referred to the Environmental Protection Authority (EPA) (State) and to assist the EPA or Commonwealth Department of the Environment and Heritage (DEH) in determining the appropriate level of assessment of the referred proposal.

Development of a detailed EMP/EP will assist DMP in providing the proponent with feedback on relevant regulatory and legislative compliance requirements, and in identifying areas where environmental performance may be improved. DMP encourages proponents to consult widely with other regulatory agencies during development of their EMP/EP to determine any site-specific management requirements.

Please see Guidance Material and Publications for further information on EMPs/EPs.

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An Environmental Management System (EMS) is typically an organisation-wide document that provides a perspective on all of an organisation’s activities, from broad level policy to specific operational tasks, outlined in environmental management procedures. (Further information can be obtained from Standards Australia.)

An Environmental Management Plan (EMP) is an activity-specific environmental management document that is presently required for all proposals under State jurisdiction. The content of an EMP is detailed here. It is anticipated that for offshore proposals in State waters, the requirement for an EMP will be replaced by the requirement for an Environmental Plan (EP) when legislation is introduced to mirror the new Commonwealth regulations.

An EP is a requirement for offshore proposals under Commonwealth jurisdiction under the Petroleum (Submerged Lands) (Management of Environment) Regulations 1999 (Cwlth). The content of an EP is detailed here. The EP is an activity-specific document that provides details on the specifics of the proposal, such as the area, receiving environment and operational details, in addition to information on the organisation’s corporate policy and environmental objectives. The EP includes an Implementation Strategy (IS) that provides the operational systems, practices and procedures to ensure that the environmental effects and risks are reduced as low as reasonably practicable, and the environmental performance objectives and standards are met.

Please see our Guidance Material and Publications section for further information on Environmental Assessment Processes.
 
 
 

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Detailed information can be obtained from our Guidance Material and Publications section.

Development of EMP/EPs or OSCPs can be undertaken by proponents, or by specialist consultants acting on the behalf of proponents.

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The Department of Mines and Petroleum' (DMP) Environment Division will determine if referral of the proposal is required.  Proposals under State jurisdiction may be referred to Environmental Protection Authority, as per the administrative arrangements between DMP, EPA and the Department of Environment (DoE).

Environmental Protection Authority (EPA) - an independent body supported by the DEC who assess and set levels of assessment upon formally referred proposals, as per the provisions of the Environment Protection Act 1986 (WA) (EP Act 1986). The EPA also provides independent advice to the Minister for the Environment.

Department of Environment & Conservation (DEC) - administers the administrative arrangements with DMP on behalf of the EPA, and administers the EP Act 1986. DEC provides advice to DMP and proponents in relation to proposals, and assesses proposals against the requirements of the EP Act 1986. DEC also coordinates informal and formal assessment of referred proposals.

Department of Innovation, Industry, Science and Research (DIISR) - DMP notifies DISR for proposals located in Commonwealth waters. Grant of permits and tenements are jointly administered by DISR and DMP on behalf of the Joint Authority. Other aspects, such as operational matters (e.g. the assessment and approval of applications to undertake a petroleum activity) are administered by DMP (on behalf of the Joint Authority).

Department of the Environment, Water, Heritage and the Arts (DEWHA) - administers the Environmental Protection and Biodiversity Conservation 1999 (Cwlth) Act (EPBC Act) and conducts assessments of proposals referred under the EPBC Act. DEH also makes recommendations to the Commonwealth Minister for the Environment regarding ministerial conditions for the approval of petroleum activities referred under the Petroleum Act 1967 (Cwlth).

Other Agencies and Industry Groups

Other State agencies and industry groups that may be consulted during the assessment process, depending on the siting of the proposal, may include:

Department for Planning and Infrastructure
Department of Fisheries
The Marine Parks and Reserves Authority
Western Australian Fishing Industry Council

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The minimum lead-time required between submitting the application and environmental documentation, and carrying out petroleum activities is stated in petroleum legislation.

For onshore exploration or production wells, the required lead-time is a minimum of 3 months.  it can take longer, depending on the sensitivity of the receiving environment and the environmental risks.

For seismic activities and exploration drilling in offshore areas, the minimum time can be as short as one month, however this also depends on the sensitivity of the receiving environment and the environmental risks.

For production activities in offshore areas, the minimum lead-time is difficult to specify and is dependent on the nature of the development and the particular environmental sensitivities of the area in which the proposal is located.

Remember, no minimum time-frame can be guaranteed, as it depends on the type of activity, the environmental impacts of that activity and the sensitivity of the receiving environment.

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The Department of Mines and Petroleum (DMP) assesses each proposal on a case-by-case basis in terms of the risk that the proposal represents to the environment. This approach is consistent with the assessment procedure of the Department of Environment & Conservation(DEC) and the Department of the Environment, Water, Heritage and the Arts (DEWHA).

It is the responsibility of the proponent to demonstrate that the environmental risks of the proposal are identified and can be managed to avoid, reduce or mitigate environmental harm. The Australian standard for risk management AS/NZS 4360:1995 (see Standards Australia) provides a guide for carrying out risk assessments.

For each activity outlined in the proposal, the likelihood of an event occurring (e.g. release of drilling fluids), and the consequence of the event (impact on biological communities) should be identified. For some activities, the environmental risks can be reasonably well quantified, for example the risks of an oil spill occurring, and the risks of the oil spill making contact with sensitive marine environments. For other activities, only qualitative assessment of environmental risks and consequences may currently be possible, for example the assessment of habitat rehabilitation success.

DMP supports the use of industry-standard models in quantifying environmental risks, although it is the responsibility of the proponent to provide information on model verification and validation. For any assessment of environmental risks, the limitations or uncertainty in the assessment should be presented.

To demonstrate that the environmental risks can be acceptably managed, the proponent should provide details of procedures that will be followed to avoid, reduce or mitigate the identified environmental risks. Management procedures could include incorporating decommissioning requirements into the project engineering, timing activities to avoid breeding activities of fauna or seasonal conditions posing a high dieback risk, or commitments to rehabilitate an area after the completion of activities.

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The time required to obtain approval to proceed with petroleum activities is directly related to the type and location of the proposed operation and the environmental sensitivity of the receiving environment. A combination of factors will determine whether the referral process to the EPA or EA is triggered, which may lead to formal assessment.

There are legislative requirements regarding the timeframes for submission and assessment of applications before proponents can commence activities. The timeframes for assessment and approval of proposals under State jurisdiction are summarised here, and for proposals under Commonwealth jurisdiction are summarised here.

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The administrative arrangements between the Department of Mines and Petroleum (DMP), Department of  Environment & Conservation (DEC) and the Environmental Protection Authority (EPA) are designed to facilitate the referral process for offshore petroleum proposals.

Under these arrangements, proposals that have the potential to cause significant effects on the environment are referred to the EPA under Section 38 of the Environmental Protection Act 1986 (WA).

Factors which DMP take into consideration to determine the ‘environmental significance’ of a proposal are consistent with those factors considered by the DoE.

Proposals that trigger the referral process under the arrangement are formally referred to the EPA for assessment.

Proposals that do not trigger the referral process under the arrangement are assessed by DMP, although DoE may be notified for their information and advice.

Please see our Guidance Material and Publications section for further information on Environmental Assessment Processes.

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