The main object of the environment protection part of the Petroleum and Geothermal Energy Act is to ensure that, licensees will:
In the context of the Petroleum and Geothermal Energy Act, the term environment is used to cover the natural, social, heritage and economic aspects of the environment.
To facilitate the achievement of this main object, the Petroleum and Geothermal Energy Act requires that any activity can only be conducted if it is covered by an approved statement of environmental objectives (SEO) for the region and land system within which it will be carried out. The SEO outlines the environmental objectives that the activity is required to achieve and the criteria upon which the achievement will be assessed. The SEO is prepared and approved on the basis of information provided by the licensee of the activity's impacts on the environment as documented in an environmental impact report (EIR). The preparation of the SEO may also require public consultation depending on the level of environmental impact of the proposed activity as determined by the Minister on the basis of publicly developed and disclosed criteria.
The main focus of the regulatory regime is in the approval and ensuring the achievement of the environmental objectives outlined in the SEO. However, in cases where companies are not able to demonstrate their ability to achieve these objectives through past performance and effective internal management systems and processes, the regulatory focus is also on the approval and monitoring of the company's procedures and practices. These type of activities are referred to as "high supervision" activities and require specific approval before commencement. Whereas, in the case where an activity is covered by an existing SEO and the company has satisfactorily demonstrated to the Minister its ability to achieve the objectives, specific activity approval is not required except for notification by the licensee that the activity will be undertaken. In this case the activity is referred to as a "low supervision" activity.
The performance of the licensee against the SEO will be publicly disclosed annually on an environmental register as will the contents of the EIRs, SEOs and details of the Minister's determination of the level of environmental impact of all proposals.
The environmental regulatory objectives and obligations under the regulatory regime are uniform, clear and predictable to all licensees and other stakeholders.
Decision-making processes are not exclusive. In the case of environmental protection this entails the need for fair and equitable processes for stakeholder consultation on the establishment of the environmental protection, including public safety, objectives.
The decision-making processes are visible and comprehensible to all stakeholders (e.g. through publicly available guidelines to guide decision-making) and that industry performance in terms of compliance with the regulatory objectives is regularly reported to stakeholders.
The level of intervention (including enforcement) needed to ensure compliance is determined on the basis of the performance of the individual company or individual being regulated and the outcomes needing to be achieved.
The regulatory objectives are achievable and measurable.
The compliance costs imposed on both government and the company by the regulatory requirements are minimised and justified. Distributional effects across society of company negative externalities such as pollution and land degradation as result of its activities is minimised and companies remain liable for the costs of such externalities.
This document provides a summary of the environmental assessment and approval process under the Petroleum and Geothermal Energy Act.