Document ID: chunk:federal_register_of_legislation:F2018L00322:front:0:p39
Version: federal_register_of_legislation:F2018L00322
Segment Type: other
Provision Reference: 
Character Range: 113930–116919

EPBC Act will be subject to assessment and decision in accordance with Chapter 4 of the Act. At the commencement of this plan petroleum and greenhouse gas activities undertaken in Commonwealth waters in accordance with the Program report—strategic assessment of the environmental management authorisation process for petroleum and greenhouse gas storage activities administered by the National Offshore Petroleum Safety and Environmental Management Authority under the Offshore Petroleum and Greenhouse Gas Storage Act 2006 (OPGGS Act) were endorsed under Part 10 of the EPBC Act. Offshore petroleum and greenhouse gas activities covered by and excluded from the program are detailed in the class of actions approval issued by the Minister for the Environment under EPBC Act on 27 February 2014. Activities that have an environment plan accepted by the National Offshore Petroleum Safety and Environmental Management Authority (NOPSEMA) under the endorsed program may be conducted in accordance with the relevant petroleum title under the OPGGS Act and a class approval under this plan. Accordingly, mining operations covered by the endorsed NOPSEMA program do not require additional assessment by the Director because the endorsed program takes account of impacts and risks to marine park values in a manner that satisfies the Director.
Offshore petroleum activities that are excluded from the endorsed NOPSEMA program and associated class of actions approval will require an environment plan accepted by NOPSEMA under the Offshore Petroleum and Greenhouse Gas Storage (Environment) Regulations 2009 (Environment Regulations) and will also be considered and authorised by the Director in accordance with Section 4.2.13 (New activities and authorisations) of this plan if any activities are proposed.
The definition of mining operations in the EPBC Act does not include capture and storage of greenhouse gases, including carbon dioxide. If any of these activities were proposed they would also be considered in accordance with Section 4.2.13 (New activities and authorisations).
The Director is a relevant person for the purposes of the Environment Regulations and must be consulted by title holders in the preparation of environment plans where a proposed activity or part of the activity is within a marine park, and/or activities proposed to occur outside a marine park may impact on the marine park values.
Mining operations also include activities regulated under the Offshore Minerals Act 1994. For non-petroleum mining operations, additional assessment by the Director may not be required where mining operations are assessed under Chapter 4 of the EPBC Act.
Actions required to respond to oil pollution incidents, including environmental monitoring and remediation, in connection with mining operations authorised under the OPGGS Act may be conducted in all zones. The Director should be notified in the event of an oil pollution incident that occurs within, or may impact upon, an