Interactions/Agreements with Other Agencies

The Australian Maritime Safety Authority (AMSA) is concerned with protecting the environment from ship-sourced pollution and maintains the NATPLAN for oil spill contingency planning.

The Department of Industry and Resources (DoIR) may seek comment from AMSA on Oil Spill Contingency Plans (OSCP) for proposals located in Commonwealth waters.

The Western Australian Department for Planning and Infrastructure, on behalf of AMSA, provides advice to assist DoIR in its assessment of OSCP's.

AMSA fulfils a greater role in proposals that are likely to result in ship-sourced pollution.  For example, disposal of ballast water from shipping.

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In 1978, the Australian Petroleum Production and Exploration Association (APPEA) developed a Code of Environmental Practice based on the following key objectives:

• Self-regulation
• Ensuring industry activities are carried out to the highest standards
• Continued access to areas for exploration.

The Code is regularly revised and updated, most recently in 1996 (APPEA, 1996) to reflect advances in sound environmental management practice and developments in science, technology and community expectations.

The Code of Environmental Practice is intended to provide the Australian Petroleum Industry with guidance on management practices and measures to protect the environment during onshore and offshore exploration, development and production. The APPEA Code provides a thorough checklist of effects and issues likely to be experienced by proponents and management options for these effects and issues. For example, Section 4 of the code provides environmental guidelines for onshore petroleum activities, Section 5 provides guidelines for offshore activities, and Section 6 provides guidelines on waste and chemicals management, and oil spills management.

The Code also provides comprehensive information on the development of Environmental Management Systems. The Schedule of Onshore Petroleum Exploration and Production Requirements 1991 (WA) legislates for use of the APPEA Code of Environmental Practice as a default Environmental Management System if another system is not provided and accepted by the Department of Industry and Resources. The offshore equivalent is the Petroleum (Submerged Lands) Acts Schedule: Specific Requirements as to Offshore Petroleum Exploration and Production 1995. The Petroleum (Submerged Lands) (Management of Environment) Regulations 1999 (Cwlth) provide similar management guidelines.

More information on Environmental Management Systems is available from Standards Australia (ISO 14000 series).

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The Commonwealth Department of the Environment, Water, Heritage and the Arts (DEWHA) provide advice to the Commonwealth Environment Minister on the assessment of proposals referred under the Environmental Protection and Biodiversity Conservation Act 1999 (Cwlth) (EPBC Act), and administers the EPBC Act on behalf of the Commonwealth Environment Minister. A copy of the Act can be obtained from the Australian Legal Information Institute.

DEWHA also issues permits that allow proponents to undertake an activity that may impact matters of National Environmental Significance. 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.

World Heritage Properties are vested in DEWHA. Under Article 2 of the World Heritage Convention, a natural heritage site is considered to be of outstanding universal value if it contains outstanding examples of evolutionary history, natural phenomena, formation or features, or significant natural habitat with threatened species.

The Shark Bay World Heritage Property was inscribed on the World Heritage list in 1991, on the basis of natural heritage values. At present, any proposal that appears likely to have a significant effect on the environment of the Shark Bay World Heritage Property will be referred by the Department of Industry and Resources to the Environmental Protection Authority (EPA) under Section 38 of the Environmental Protection Act 1986 (WA). Under arrangements with DEWHA, the EPA then advises the Commonwealth of their assessment decision.

DEWHA may also be referred to in relation to requirements under the National Pollutants Inventory (NPI). The NPI is a database designed to provide information on the types and volumes of substances being emitted to the air, sea and land. Petroleum operators are required to report their emissions annually. More information about the NPI is available from DEWHA.

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The Department of Environment & Conservation (DEC)  has jurisdiction over:

• Onshore conservation reserves, State forest and other reserves vested in the Conservation Commission (ConCom, formerly known as the National Parks and Nature Conservation Authority or NPNCA) or Forests Products Commission (FPC), formerly known as the Lands and Forest Commission or LFC
• Offshore conservation reserves
• The State’s flora and fauna over all tenures (onshore and offshore) including declared rare flora, priority listed flora and specially protected fauna
• Threatened ecological communities

These areas are regulated under the Conservation and Land Management Act 1984 (WA) and the Wildlife Conservation Act 1950 (WA). During development of a proposal, proponents are encouraged to liaise with CALM to determine the extent to which the proposal may impact upon areas or values within DEC’s jurisdiction. Upon submission of a proposal to the Department of Industry and Resources (DoIR) that requires DEC’s input, copies of the proposal shall be sent to the relevant regional or district CALM office, and to DEC’s Environmental Protection Branch.

This procedure applies where the proposed activity is in a DEC Reserve or other area with sensitive biological values as described in the document below.

Grant or Renewal of State Petroleum Titles (DoIR / DEC Protocol)

A protocol has been established between DoIR and DEC to facilitate processing of applications for petroleum titles when the proposed activities are located within the State’s conservation estate or World Heritage Properties. The procedures for such applications are:

• DoIR will provide DEC (and the Commonwealth Department of the Environment and Heritage [DEH] in World Heritage Properties) with a plan showing the area of the application and details of conservation reserves or any World Heritage Property
• DEC (and DEH if appropriate) will respond within 4 weeks by confirming the plan and providing comment
• DoIR will use the comments of DEC (and DEH if appropriate) to brief the proponent concerning the area applied for and the possibility of revising the area if required
• The Minister for the Environment (and the Commonwealth Minister for the Environment where a World Heritage Property is involved) will be advised by the Minister for Mines before an offer of a title or renewal is made. The advice will include a suggested press notice
• Once the title is granted, DEC (and DEH if appropriate) will be advised

The  Department of Environment & Conservation (DEC)  provides advice to the Department of Industry and Resources (DoIR) and proponents in relation to proposals, assesses proposals against the requirements of the Environmental Protection Act 1986 (WA) (EP Act), and administers the EP Act on behalf of the Environmental Protection Authority (EPA). DEC also issues works licenses under Part V of the EP Act, and administers the enactment of Red Book areas and Environmental Protection Policies.

Works Approval Licenses

The Pollution Prevention Division of DEC issues works approval licenses for petroleum activities to regulate emissions or discharges that are likely to cause pollution. The works approval license will generally have monitoring and reporting requirements specified as conditions in the license.

Red Book Areas

The Red Book recommendations were released between 1976 and 1984 by the EPA, dividing the State into 12 sections, called "Systems".

Recommendations were made dominantly on areas to be classed as conservation reserves, but also for geological and biological research and for reserves for Aboriginal purposes.  The establishment of conservation reserves based on the Red Book recommendations is ongoing - formal DEC Regional Management Plans supersede Red Book Areas where such plans have been completed.

The DEC is responsible for administering the Red Book recommendations on behalf of EPA. Proponents are advised to liaise with DEC regarding possible effects of proposals on Red Book areas.

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Apart from assessing oil spill contingency plans on the behalf of the State Committee, the Department for Planning and Infrastructure (DPI) also administers the Coastal Resource Atlas.

Reference to the Coastal Resource Atlas will assist proponents to determine the proximity of their activities to environmentally sensitive areas, and assess the likely effects of their activities on these areas during development of the Environment Management Plan.

More information on the Coastal Resource Atlas is available from the DPI's web site

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The Department of Water (DoW)  manages Western Australia's water resources, including wetlands, rivers, estuaries, inlets and groundwater.

For proposals to carry out onshore activities where there is the potential to impact upon inland water bodies or groundwater, DoIR would seek advice from DoE prior to approval of the proposal.

DoE may make recommendations that may then become incorporated into the Ministerial conditions assigned to the proposal.

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A Memorandum of Understanding between the Department of Industry and Resources and the Environmental Protection Authority for Offshore and Onshore Petroleum Exploration and Production is provided in the Document links on the right of this page. 

Environmental Protection Policies (EPP)

Under Part III, section 26 of the Environmental Protection Act 1986 (WA) (EP Act), an EPP can be developed for:

• The protection of any part of the environment
• The prevention, control or abatement of pollution

EPPs form part of the EP Act and therefore must be complied with.

EPPs may contain specific provisions relating to the protection and management of the nominated resource and it's beneficial uses.
Contravention of such provisions can be an offence.

Information about specific EPPs that may be relevant to onshore and offshore proposals can be obtained from the Environmental Protection Authority's web site

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Although there are no formal arrangements to do so, the Department of Industry and Resources (DoIR), Fisheries Western Australia and the independent advisory group the WA Fishing Industry Council (WAFIC) are notified of all seismic, exploration and production drilling activities about to occur.

Advice is sought from these agencies before the proposal is approved.

Where concerns are raised, the proponent may liaise with the relevant agency to resolve the issue.
Guidelines for seismic surveys in Western Australian rock lobster fishing grounds are developed by DoIR in consultation with Fisheries Western Australia, WAFIC and the Australian Petroleum Production and Exploration Association.  See Guidance Material and Publications for further information.

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A Memorandum of Understanding between the Department of Mineral and Petroleum Resources (now known as the Department of Industry and Resources following a merge) and the Radiological Council in relation to the regulation of naturally occurring radioactive materials associated with petroleum exploration and production is provided in the Document links on the right of this page.

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