COMMONWEALTH OF AUSTRALIA

Offshore Petroleum and Greenhouse Gas Storage Act 2006

NOTICE OF INVITATION FOR WORK -BID PETROLEUM EXPLORATION PERMIT APPLICATION – 2022

I, GRAEME ALBERT WATERS, the National Offshore Petroleum Titles Administrator (NOPTA), on behalf of the Commonwealth-Western Australia Offshore Petroleum Joint Authority, the Territory of Ashmore and Cartier Islands Offshore Petroleum Joint Authority, the Commonwealth-Northern Territory Offshore Petroleum Joint Authority and the Commonwealth-Victoria Offshore Petroleum Joint Authority (the Joint Authorities), pursuant to section 104 of the Offshore Petroleum and Greenhouse Gas Storage Act 2006 (the Act), hereby invite applications for the grant of work-bid petroleum exploration permits in respect of the blocks and within the areas described below.

Applications must be received, in the manner prescribed below, by Thursday 4:00 pm local time at the place of submission on 2 March 2023.

Amendments to the Act came into force on 2 March 2022. Applicants are encouraged to review the amendments to ensure they are familiar with the new requirements.

The relevant amendments concerning applications for a work-bid petroleum exploration permit are:

• subsections 104(3) and (3A), which provides that an application must be in the approved form (https://www.nopta.gov.au/forms/forms.html). Please refer to NOPTA Forms Guidance – Petroleum for submission requirements (https://www.nopta.gov.au/forms/nopta-forms/nopta-forms-guidance/nopta-forms-guidance.pdf),
• subsections 105(3) and (4), which provide for decision-making criteria for the grant of a work-bid petroleum exploration permit,
• paragraphs 125(2)(b) and (c) and subsection 125(4), which provide for decision-making criteria for the renewal of a petroleum exploration permit,
• subsections 126(3) and (4), which provides for new decision-making criteria for the refusal to renew a petroleum exploration permit,
• subsection 264(2AA), which provides for new decision-making criteria for the variation or suspension of, or the exemption of compliance from, conditions of a petroleum exploration permit,
• section 695YB, which provides for matters to which a decision-maker must have regard, and
• section 695YC, which provides for event occurrences that require a notice to be given.

IMPORTANT INFORMATION

Public consultation comments

Applicants are advised to review comments received for areas they intend to bid on via Consultation Hub (https://consult.industry.gov.au/2022-offshore-petroleum-acreage-release/have-your-say/list).

Trailing liability

Applicants should be aware that amendments to the Act which implement the Australian Government’s expanded trailing liability policy came into effect on 2 March 2022. These reforms provide that past titleholders that held a title on or after 1 January 2021, or related persons, may be called back to undertake remedial works in the former title area should issues arise in future.

Australian Marine Parks, Biologically Important Areas and Key Ecological Features

Applicants should note that some of the gazetted areas overlap Australian Marine Parks, Biologically Important Areas (BIAs) and Key Ecological Features. For more information in relation to these areas please refer to the following:

• https://www.environment.gov.au/marine/marine-species/bias
• https://parksaustralia.gov.au/marine/management/

The Australian Heritage Database provides information on the National Heritage values protected as Matters of National Environmental Significance under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). Parks Australia’s Values of Marine Parks also guides what can occur in marine parks and what action will be taken to protect marine parks.

Applicants should note that some of the gazetted areas are in proximity to Western Australian state conservation reserves managed by the Western Australian Government. This includes marine parks, coastal and island nature reserves.

Potential titleholders for Western Australian offshore areas are encouraged to undertake early consultation with the Western Australian Department of Biodiversity, Conservation and Attractions (DBCA) where proposed petroleum activities have the potential to directly or indirectly impact state conservation reserves, conservation significant species and/or communities in Western Australian waters.

Foreign Investment Review Board

International bidders may need to seek approval from the Australian Treasurer. See the Foreign Investment Review Board (FIRB) website (https://firb.gov.au/) for more information. If FIRB approval is not available at the time of submission, it will need to be provided separately before any new permit is awarded.

Underwater Cultural Heritage (UCH)

The Department of Climate Change, Energy, the Environment and Water (DCCEEW) administers the Underwater Cultural Heritage Act 2018 (UCH Act). The requirements of the UCH Act are separate to those of the EPBC Act. Any potential titleholder who is planning to undertake activities in the offshore environment should consult heritage@awe.gov.au for advice on how to mitigate risks associated with UCH.

Unexploded ordnance

There is potential for unexploded ordnance (UXO) on or in the sea floor in areas where Defence operates and especially in Air Weapons Range Areas. Applicants should be aware of the risks involved in conducting offshore exploration and development activities. The potential presence of UXO carries with it an associated risk of detonation. Defence takes no responsibility for:

• reporting the location and type of ordnance dropped in the areas of interest to the permit holders,
• identification of or removal of any UXO,
• any loss or damage suffered or incurred by the company or any third party arising out of, or directly related to, UXO.

As a consequence, the Australian Government provides no guarantee or indemnity regarding the safety or whereabouts of UXO.

Commonwealth Fisheries

The Australian Fisheries Management Authority (AFMA) advised that gazetted areas have the potential to interact with a number of Commonwealth fisheries, specifically in the North West, (the Northern Prawn Fishery and the North West Slope Trawl Fishery), and in the South, (the Southern Eastern Scale fish and Shark Fishery). AFMA recommends targeted consultation with relevant industry bodies.

Native Title

The Aboriginal Areas Protection Authority is the statutory body responsible for the application of the Northern Territory Aboriginal Sacred Sites Act 1989 (Sacred Sites Act). Under the Sacred Sites Act, the Authority is responsible for protecting sacred sites across the Northern Territory including sites within the Territory waters.

The Authority has advised that gazetted areas are outside the jurisdiction of the Sacred Sites Act. However, the Authority suggests contacting the Kimberley Land Council and the Northern Land Council regarding the protection of any sacred sites associated with offshore islands and reefs.

For information on native title representative bodies relevant to the gazetted areas, please refer to the National Native Title Tribunal website - http://www.nntt.gov.au/Maps/RATSIB_map.pdf

Seismic survey data

Applicants are encouraged to consider all available seismic data over an area to determine if further seismic acquisition is necessary in an area to form a more targeted work program bid. Applicants are encouraged to use new technology to formulate a more targeted proposal for work in the area. Geoscience Australia’s National Offshore Petroleum Information Management System (NOPIMS) can assist with determining what data is available (https://www.ga.gov.au/nopims).

Applicants should note that requests to undertake new seismic activity will require engagement with all relevant stakeholders, including the fishing industry, and the consideration of the effects of cumulative impacts of these activities on these industries and the environment. 

Graticular Block ListingS

Release Area AC22-1

Bonaparte Basin, Vulcan Sub-basin, the Territory of Ashmore and Cartier Islands

Map Sheet SD51 (Brunswick Bay)

Map Sheet SC51 (Kupang)

Assessed to contain 11 blocks.

International consideration - Perth Treaty

AC22-1 partially overlaps an area subject to Article 7(d) of the Treaty between the Government of Australia and the Government of the Republic of Indonesia establishing an Exclusive Economic Zone Boundary and Certain Seabed Boundaries (Perth, 14 March 1997) that has been signed but not yet in force.

While the 1997 Perth Treaty is not yet in force, the Australian Government acts in accordance with its provisions, including in relation to notification. Under Article 7(d) of the 1997 Perth Treaty, Australia is required to notify Indonesia three months prior to the proposed grant of exploration or exploitation rights in an area of overlapping jurisdiction. If exploration activity within an area of overlapping jurisdiction involves the construction of an installation or structure, the 1997 Perth Treaty requires Australia to give Indonesia ‘due notice’ of this. A permanent means of giving warning of the installation or structure’s presence must be maintained. An installation or structure generally would be a structure that rests on, or is fixed or connected to, the seabed.

Marine parks

At the time of gazettal, AC22-1 was known to be in proximity to highly protected marine park zones. Potential titleholders should consider the possible impacts of future activities on the values of the Australian Marine Parks. Titleholders must demonstrate in their Offshore Project Proposals and Environment Plans (to NOPSEMA) that impacts of the activity on the park values are acceptable and all options have been considered to avoid or reduce the impacts to as low and reasonably practicable.

Biologically Important Areas and Key Ecological Features

At the time of gazettal, the distribution of pygmy blue whales and whale shark foraging was known to occur across AC22-1.  

Public consultation comments

Potential titleholders should note public consultation comments in relation to this area at;

https://consult.industry.gov.au/2022-offshore-petroleum-acreage-release/have-your-say/list

Release Area AC22-2

Bonaparte Basin, Caswell Sub-basin, the Territory of Ashmore and Cartier Islands

Map Sheet SD51 (Brunswick Bay)

Assessed to contain 25 blocks (14 full blocks and 11 part blocks).

International consideration - Traditional fishing - MOU Box

AC22-2 lies within the boundaries of the area known as the ‘MOU Box’ established under a Memorandum of Understanding (MOU) between Australia and Indonesia (Memorandum of Understanding between the Government of Australia and the Government of the Republic of Indonesia Regarding the Operations of Indonesian Traditional Fishermen in Areas of the Australian Exclusive Fishing Zone and Continental Shelf, signed on 7 November 1974.) The MOU provides a basis for traditional Indonesian fishing access to the MOU Box within Australia’s north-western exclusive economic zone. Specifically, Australia agrees to refrain from applying its fisheries laws against traditional Indonesian fishermen who conduct their operations in accordance with the MOU.

The release of offshore petroleum exploration acreage and the conduct of petroleum activities in the MOU Box are not restricted under the MOU. However, potential titleholders should consider whether activities associated with exploration of petroleum in that area would be likely to disrupt traditional Indonesian fishing activities.

Marine Parks

At the time of gazettal, AC22-2 was known to be in proximity to highly protected marine park zones.  Potential titleholders should consider the possible impacts of future activities on the values of the Australian Marine Parks. Titleholders must demonstrate in their Offshore Project Proposals and Environment Plans (to NOPSEMA) that impacts of the activity on the park values are acceptable and all options have been considered to avoid or reduce the impacts to as low and reasonably practicable.

Biologically Important Areas and Key Ecological Features

At the time of gazettal, AC22-2 was known to be in proximity of highly protected marine park zones, including Scott Reef and Ashmore reefs. AC22-2 was also known to be a migration route for the pygmy blue whale and important for various bird species.

Public consultation comments

Potential titleholders should note public consultation comments in relation to this area at:

https://consult.industry.gov.au/2022-offshore-petroleum-acreage-release/have-your-say/list

Release Area NT22-1

Bonaparte Basin, Malita Graben, the Northern Territory

Map Sheet SC52 (Melville Island)

Assessed to contain 120 blocks (88 full blocks and 32 part blocks).

International boundary consideration

NT22-1 abuts directly to the Timor-Leste boundary. Future titleholders need to be aware that in the case of a straddling discovery, negotiation with a foreign government will be required.

Marine parks

At the time of gazettal, NT22-1 was known to intersect Montebello Marine Park, which is a Multiple Use Zone (IUCN V1). NT22-1 also intersects the North Oceanic Shoals and is known to be a Special Purpose Zone (Trawl) (IUCN V1).

Biologically Important Areas and Key ecological features

At the time of gazettal, NT22-1 was known to overlap the Pinnacles of the Bonaparte Basin and intersect the Carbonate bank and terrace system of the Sahul Shelf key ecological feature. NT22-1 is known to intersect the foraging grounds of the Olive Ridley Turtle.

Defence

At the time of gazettal, NT22-1 was known to slightly overlap part of the North Western Australia Exercise Area (NAXA). Proponents should liaise with the Department of Defence early in the project planning phase in order to facilitate deconfliction with Defence activities.

Public consultation comments

Potential titleholders should note public consultation comments in relation to this area at

https://consult.industry.gov.au/2022-offshore-petroleum-acreage-release/have-your-say/list

Release Area W22-1

Bonaparte Basin, Malita Graben, Western Australia

Map Sheet SC52 (Melville Island)

Assessed to contain 150 blocks (122 full blocks and 28 part blocks).

International boundary consideration

W22-1 abuts directly to the Timor-Leste boundary. Future titleholders need to be aware that in the case of a straddling discovery, negotiation with a foreign government will be required.

Marine parks

At the time of gazettal, W22-1 was known to intersect Montebello Marine Park and the North-West Oceanic Shoals which are both Multiple Use Zones.

Biologically Important Areas and Key Ecological Features

At the time of gazettal, W22-1 was known to overlap the Pinnacles of the Bonaparte Basin and intersect the Carbonate bank and terrace system of the Sahul Shelf key ecological feature. W22-1 was also known to intersect the foraging grounds of the Flatback turtles.

Public consultation comments

Potential titleholders should note public consultation comments in relation to this area at:

https://consult.industry.gov.au/2022-offshore-petroleum-acreage-release/have-your-say/list

Release Area W22-2

Browse Basin, Caswell Sub-basin, Western Australia

Map Sheet SD51 (Brunswick Bay)

Assessed to contain 47 blocks (33 full blocks and 14 part blocks)

Traditional fishing – MOU Box

W22-2 lies within the boundaries of the area known as the ‘MOU Box’ established under a Memorandum of Understanding (MOU) between Australia and Indonesia (Memorandum of Understanding between the Government of Australia and the Government of the Republic of Indonesia Regarding the Operations of Indonesian Traditional Fishermen in Areas of the Australian Exclusive Fishing Zone and Continental Shelf, signed on 7 November 1974.) The MOU provides a basis for traditional Indonesian fishing access to the MOU Box within Australia’s north-western exclusive economic zone. Specifically, Australia agrees to refrain from applying its fisheries laws against traditional Indonesian fishermen who conduct their operations in accordance with the MOU.

The release of offshore petroleum exploration acreage and the conduct of petroleum activities in the MOU Box are not restricted under the MOU. Potential titleholders should consider whether activities associated with exploration of petroleum in that area would be likely to disrupt traditional Indonesian fishing activities.

Marine parks

At the time of gazettal, W22-2 was known to be in proximity to highly protected marine park zones.  Potential titleholders should consider the possible impacts of future activities on the values of the Australian Marine Parks. Titleholders must demonstrate in their Offshore Project Proposals and Environment Plans (to NOPSEMA) that impacts of the activity on the park values are acceptable and all options have been considered to avoid or reduce the impacts to as low and reasonably practicable.

Biologically Important Areas and Key Ecological Features

At the time of gazettal, W22-2 was known to intersect the migration route of the Pygmy blue whale and Continental Slope Demersal Fish Communities.  

Public consultation comments

Potential titleholders should note public consultation comments in relation to this area at

https://consult.industry.gov.au/2022-offshore-petroleum-acreage-release/have-your-say/list

Release Area W22-3

Browse Basin, Barcoo Sub-basin, Western Australia

Map Sheet SD50

Map Sheet SD51 (Brunswick Bay)

Map Sheet SE51 (Broome)

Assessed to contain 205 blocks.

Marine parks

At the time of gazettal, W22-3 was known to intersect the North-West Kimberley marine park Multiple Use Zone.

Biologically Important Areas and Key Ecological Features

At the time of gazettal, W22-3 was known to intersect the foraging grounds of the Whale Shark, and the distribution and migration route of Pygmy blue whale and Continental Slope Demersal Fish Communities.  

Shipping Lanes

The Australian Marine Safety Authority (AMSA) notes that there are two main shipping routes through W22-3. Consultation with AMSA for guidance on working in the area is encouraged.

Applicants should liaise with Australian Maritime Safety Authority (AMSA) in relation to guidance concerning these main shipping routes.

Defence

At the time of gazettal, W22-3 was known to overlap with areas of restricted airspace which may need to be shut down at times. Proponents should liaise with the Department of Defence early in the project planning phase in order to facilitate deconfliction with Defence activities.

Public consultation comments

Potential titleholders should note public consultation comments in relation to this area at

https://consult.industry.gov.au/2022-offshore-petroleum-acreage-release/have-your-say/list

Release Area W22-4

Northern Carnarvon Basin, Dampier Sub-basin, Western Australia

Map Sheet SE50 (Rowley Shoals)

Assessed to contain 3 blocks.

Biologically Important Areas and Key Ecological Features

At the time of gazettal, W22-4 was known to intersect the inter-nesting buffer for Flatback Turtles, the foraging grounds of Whale Shark, the migration route for Humpback Whales (North and South) and the Distribution Pygmy blue whale. Wedge-tailed Shearwater birds were also known to be present in the area.

Defence

At the time of gazettal, W22-4 was known to overlap with areas of restricted airspace which may need to be shut down at times. Proponents should liaise with the Department of Defence early in the project planning phase in order to facilitate deconfliction with Defence activities.

Public consultation comments

Potential titleholders should note public consultation comments in relation to this area at

https://consult.industry.gov.au/2022-offshore-petroleum-acreage-release/have-your-say/list

Release Area W22-5

Northern Carnarvon Basin, Dampier Sub-basin, Western Australia

Map Sheet SF50 (Hamersley Range)

Assessed to contain 7 blocks (5 full blocks and 2 part blocks).

Biologically Important Areas and Key Ecological Features

At the time of gazettal, W22-5 was known to intersect the inter-nesting buffer for Flatback Turtles, the foraging grounds of Whale Shark and the migration route for Humpback Whales (North and South). Wedge-tailed Shearwater birds were also known to be present in the area.

Defence

At the time of gazettal, W22-5 was known to overlap with areas of restricted airspace which may need to be shut down at times. Applicants should liaise with the Department of Defence early in the project planning phase in order to facilitate deconfliction with Defence activities.  

Public consultation comments

Potential titleholders should note public consultation comments in relation to this area at

https://consult.industry.gov.au/2022-offshore-petroleum-acreage-release/have-your-say/list

Release Area W22-6

Northern Carnarvon Basin, Exmouth Sub-basin, Western Australia

Map Sheet SF49 (Cloates)

Map Sheet SF50 (Hamersley Range)

Assessed to contain 41 blocks.

Marine parks

At the time of gazettal, W22-6 was known to be in close proximity (approximately 17 km) to the Ningaloo Coast World Heritage Area and Ningaloo Coast National Heritage Place, protected as Matters of National Environmental Significance under the Environment Protection and Biodiversity Conservation Act 1999. Potential titleholders should consider the possible impacts of future activities on the values of the Australian Marine Parks. Titleholders must demonstrate in their Offshore Project Proposals and Environment Plans (to NOPSEMA) that impacts of the activity on the park values are acceptable and all options have been considered to avoid or reduce the impacts to as low and reasonably practicable.

W22-6 was also known to overlap at least three key managed ecological features and is directly adjacent to the Gascoyne Multiple Use Zone.

Potential titleholders are encouraged to review the Statement of Outstanding Universal Value for the Ningaloo Coast World Heritage Area which outlines the Ningaloo Coast’s World Heritage values.

Potential titleholders may also wish to review and consider the Western Australian Government Environmental Protection Authority’s report Potential cumulative impacts of proposed activities and developments on the environmental, social and cultural values of Exmouth Gulf.  

Biologically Important Areas and Key Ecological Features

At the time of gazettal, W22-6 was known to intersect the Canyons linking the Cuvier Abyssal Plain and the Cape Range Peninsula key ecological feature.

At the time of gazettal, W22-6 was known to intersect the inter-nesting buffer for Flatback Turtles, the foraging grounds of Whale Shark, the migration route for Humpback Whales (North and South), the migration route and distribution for Pygmy Blue Whale and Continental Slope Demersal Fish Communities. Wedge-tailed Shearwater birds were also known to be present in the area.

Defence

At the time of gazettal, W22-6 was known to overlap the edge of a defence weapons range. Applicants should note this could require industry operations to shut down at times. Applicants should liaise with the Department of Defence early in the project planning phase in order to facilitate deconfliction with Defence activities.

Applicants will be made aware of areas that are impacted by defence activities through the Department of Defence website announcements and gazette notices.

Public consultation comments

Potential titleholders should note public consultation comments in relation to this area at

https://consult.industry.gov.au/2022-offshore-petroleum-acreage-release/have-your-say/list

Release Area V22-1

Gippsland Basin, Victoria

Map Sheet SJ55 (Melbourne)

Assessed to contain 7 blocks.

Biologically Important Areas

At the time of gazettal, V22-1 was known to be an important area for fisheries, intersecting the Upswelling east of Eden.

V22-1 was also known to insect areas where the Pygmy Blue Whale, Southern Right Whale and Great White Shark are present as well as various species of Albatross and the Common Diving-petrel. Recovery plans and conservation measures are in place. Applicants are encouraged to engage early with relevant stakeholders in the project planning phase of their application.  

Shipping lanes

At the time of gazettal, V22-1 was understood to lie 15 nautical miles (25 km) to the north east of an International Maritime Organization (IMO) adopted Traffic Separation Scheme (TSS). This is an area of some of the highest shipping traffic density in Australia and is likely to pose serious logistical challenges in relation to stationary/dynamic positioning drilling activities and the installation of infrastructure within parts of V22-1.

Consideration will be given to imposing permit restrictions on the installation of infrastructure in the areas of most concern.

Potential titleholders should liaise with the Australian Maritime Safety Authority (AMSA) early in the project planning phase in relation to guidance on shipping routes which pass through V22-1.

Public consultation comments

Potential titleholders should note public consultation comments in relation to this area at

https://consult.industry.gov.au/2022-offshore-petroleum-acreage-release/have-your-say/list

APPLICATIONS

In accordance with subsection 104(3) of the Act, an application must:

1. be in the approved form;
2.    be accompanied by any information or documents required by the form.

For further details of the expectations of the Joint Authorities in relation to the content of applications and used as the criteria for ranking of competing applicants in accordance with section 106 of the Act, please refer to the Offshore Petroleum Exploration Guideline: Work-bid available (https://www.nopta.gov.au/guidelines-and-factsheets/index.html).

FEE

An application must be accompanied by the appropriate application fee, evidence of payment and reference the following:

• Full company name,
• Details of applicant/s ASIC ACN/ARBN
• Work-bid release area number.

The amount of the fee is prescribed in schedule 6 of the RMA regulations[1]. Details on how to pay the prescribed fee are on NOPTA’s website (https://www.nopta.gov.au/cost-recovery-and-fees.html#crf_payments).

SUBMISSION OF APPLICATIONS

The application must be on the approved application form and signed by all applicants in accordance with NOPTA’s signatures fact sheet (https://www.nopta.gov.au/_documents/fact-sheets/fact-sheet-signatures.pdf).

One paper copy and one electronic copy in text search format (on CD, DVD or USB) of the application, together with evidence of payment of the application fee, must be submitted to the NOPTA in the following manner:

• the application should be sealed and clearly marked as “Application for Area [Release Area Number as appropriate] Commercial-in-Confidence” and
• this envelope or package should then be enclosed in a plain covering envelope or package and delivered by hand (couriers accepted) to the below address:

Legislative Forms 8 and 9 are to be submitted directly to legislativeforms@nopta.gov.au or included with the application submission.

To submit an application please make an appointment with the NOPTA by emailing titles@nopta.gov.au or phoning 08 6424 5317. 

Please check the NOPTA website prior to submitting an application for further updates on submissions.

[1] Please note that application fees are subject to change. Applicants should refer to the application fee stated in Schedule 6, Part 1 of the Offshore Petroleum and Greenhouse Gas Storage (Resource Management and Administration) Regulations 2011 or confirm with NOPTA prior to submitting an application https://www.nopta.gov.au/_documents/schedule-of-fees.pdf)