The impact of recent shipping reforms on the offshore oil and gas industry in Australia

Abstract

This peer-reviewed paper focuses on the impact of recent shipping reforms on the offshore oil and gas industry in Australia. These reforms are: the wholesale rewrite of the Navigation Act 1912 (Cth) by the Navigation Act 2012 (Cth), and the introduction of the Marine Safety (Domestic Commercial Vessels) Act 2012 (Cth); the registration of ships in Australia and the regulation of coastal trading in Australia; and, the regulation of marine pollution in Australia. The regulatory framework for offshore oil and gas facilities, and the interaction between the maritime legislation and the Offshore Petroleum and Greenhouse Gas Storage Act 2006 (Cth)—specifically, how the legislation applies at different stages of the operation of offshore oil and gas facilities—is considered. Also considered is the Australian Government’s Stronger Shipping for a Stronger Economy shipping reform package, which aims to position the Australian shipping industry to take advantage of opportunities provided by an expanding export market. This peer-reviewed paper also considers the new offences for oil pollution from ships, the widened scope of liability to include charterers of ships for oil pollution, and the significantly increased penalties for pollution offences promulgated by the Maritime Legislation Amendment Act 2011 (Cth). The text was finalised in November 2012, and for that reason developments after this date have not been treated.