general and special notices - offshore … · web viewpetroleum legislation requires that offshore...

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GENERAL AND SPECIAL NOTICES The Australian Government does not guarantee that the information contained in this document is accurate or complete. Explorers should not rely solely on information contained in this document when making a commercial decision and are responsible for checking the accuracy of information prior to commencing any petroleum exploration operation. OVERVIEW Petroleum legislation requires that offshore operations be carried out in a manner that does not unduly interfere with the rights and interests of others. There is also a need to comply with other requirements and standards set by Australian law. Successful applicants for offshore titles need to have due regard for matters such as: Environment and heritage protection; Native Title rights and interests; Navigation and maritime safety; Fishing activities; Defence activities; Submarine telecommunication cables; and Insurance. This document sets out the general and special notifications regarding the acreage areas offered for petroleum exploration in the 2014 Offshore Petroleum Exploration Acreage Release (Release Areas). These notices are designed to serve as an ongoing reference for successful applicants, as they progress towards meeting their exploration permit work program obligations. The attention of potential applicants is drawn to both the Notices for All Areas and the Notices for Specific Areas set out below, which have been identified through consultation with parties that have existing rights and interests in the 2014 Release Areas. The identified requirements for Release Areas may result in additional conditions being included in an exploration title. KEY CONTACTS Australian Defence Force Airspace Cell: 1800 652 222 Australian Fisheries Management Authority (AFMA): [email protected]. Australian Hydrographic Office (AHO): [email protected] Australian Maritime Safety Authority (AMSA): [email protected]. Border Protection Command: [email protected]. Commonwealth Department of Defence: +61 2 6266 8650 Commonwealth Department of the Environment (Marine Reserves): [email protected] www.petroleum-acreage.gov.au 1 DISCLAIMER: This fact sheet has been developed as a guide only. It does not replace or amend information provided in the Offshore Petroleum Legislation, Regulations and Guidelines available at: www.nopta.gov.au/legislation. In the event that there is a discrepancy between this fact sheet and the legislation or regulations, the legislation or regulations has precedence. Explorers should not rely solely on this information when making commercial decisions. Image courtesy of BHP Billiton Petroleum Pty Ltd. OFFSHORE PETROLEUM EXPLORATION ACREAGE RELEASE AUSTRALIA 2014

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Page 1: GENERAL AND SPECIAL NOTICES - Offshore … · Web viewPetroleum legislation requires that offshore operations be carried out in a manner that does not unduly interfere with the rights

GENERAL AND SPECIAL NOTICESThe Australian Government does not guarantee that the information contained in this document is accurate or complete. Explorers should not rely solely on information contained in this document when making a commercial decision and are responsible for checking the accuracy of information prior to commencing any petroleum exploration operation.

OVERVIEWPetroleum legislation requires that offshore operations be carried out in a manner that does not unduly interfere with the rights and interests of others. There is also a need to comply with other requirements and standards set by Australian law. Successful applicants for offshore titles need to have due regard for matters such as:

• Environment and heritage protection;

• Native Title rights and interests;

• Navigation and maritime safety;

• Fishing activities;

• Defence activities;

• Submarine telecommunication cables; and

• Insurance.

This document sets out the general and special notifications regarding the acreage areas offered for petroleum exploration in the 2014 Offshore Petroleum Exploration Acreage Release (Release Areas).

These notices are designed to serve as an ongoing reference for successful applicants, as they progress towards meeting their exploration permit work program obligations.

The attention of potential applicants is drawn to both the Notices for All Areas and the Notices for Specific Areas set out below, which have been identified through consultation with parties that have existing rights and interests in the 2014 Release Areas.

The identified requirements for Release Areas may result in additional conditions being included in an exploration title.

KEY CONTACTSAustralian Defence Force Airspace Cell: 1800 652 222

Australian Fisheries Management Authority (AFMA): [email protected].

Australian Hydrographic Office (AHO): [email protected]

Australian Maritime Safety Authority (AMSA): [email protected].

Border Protection Command: [email protected].

Commonwealth Department of Defence: +61 2 6266 8650

Commonwealth Department of the Environment (Marine Reserves): [email protected] (EPBC Act) [email protected]

Commonwealth Department of Foreign Affairs and Trade: +61 2 6261 1111

Commonwealth Department of Industry: [email protected]

Defence Headquarters Air Command: [email protected]

National Native Title Tribunal: [email protected]

National Offshore Petroleum Safety and Environmental Management Authority: [email protected]

National Offshore Petroleum Titles Administrator: [email protected]

Telstra: [email protected]

Note: As of 28 February 2014, NOPSEMA is the single point of contact for environment approvals for petroleum activities in Commonwealth waters.

For information on environmental streamlining, refer to: http://www.nopsema.gov.au/legislation-and-regulations/environment/

www.petroleum-acreage.gov.au 1DISCLAIMER: This fact sheet has been developed as a guide only. It does not replace or amend information provided in the Offshore Petroleum Legislation, Regulations and Guidelines available at: www.nopta.gov.au/legislation. In the event that there is a discrepancy between this fact sheet and the legislation or regulations, the legislation or regulations has precedence. Explorers should not rely solely on this information when making commercial decisions. Image courtesy of BHP Billiton Petroleum Pty Ltd.

OFFSHORE PETROLEUM EXPLORATION ACREAGE RELEASE AUSTRALIA 2014

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NOTICES FOR ALL AREASField outlines are provided by Encom GPInfo, a Pitney Bowes Software (PBS) Pty Ltd product. Whilst all care is taken in the compilation of the field outlines by PBS, no warranty is provided re the accuracy or completeness of the information, and it is the responsibility of the Customer to ensure, by independent means, that those parts of the information used by it are correct before any reliance is placed upon them. In particular, overlaps between Release Areas and existing petroleum pools or fields should not be relied upon without independent verification.

Border Protection Command

Border Protection Command (BPC) is responsible for coordinating offshore maritime security and contributes to the vital protection of Australia’s important offshore facilities by conducting surface and aerial security patrols.

BPC should be provided with details of any proposed activities to be conducted within Release Areas no less than 14 days prior to undertaking the task. BPC should also be kept appraised of any ongoing activities within these areas.

The point of contact is [email protected].

Defence

The Australian Department of Defence (Defence) operates recognised training areas and special purpose military areas for training and exercises to ensure Australia’s defence capabilities.

Some of the Release Areas coincide with military restricted airspace. When activated by a Notice to Airmen (NOTAM), the restricted airspace can operate down to low altitudes including, at times, to sea level. Non-Defence flying operations are required to be conducted in accordance with NOTAM restrictions.

Offshore areas may coincide with Defence Practice Areas (DPA) or Military Exercise Areas (MEA). Potential applicants are advised that the Minister for Defence has the authority, under the Defence Force Regulations1952, to declare and Gazette any area of sea or air space as a DPA, for carrying out Defence operations or practice as specified in a NOTAM or a Notice to Mariners (NOTMAR). When a DPA is activated, unauthorised access to the area will be prohibited; access to affected permit areas may also be restricted. Applicants should also be aware that all sea and aircraft can be ordered to evacuate the practice areas at short notice.

As there is potential for unexploded ordnance (UXO) on the sea floor in either MEA or DPA, applicants should be aware of the risks involved in conducting exploration activities. The potential presence of UXO on the sea floor carries with it an associated risk of detonation, which will be borne by the applicants. Defence takes no responsibility for reporting the location and type of ordnance dropped in the areas, for identification of or removal of any UXO or for any damage sustained to equipment in the unlikely event of UXO

detonation. As such, the Australian Government provides no guarantee or indemnity to titleholders or others with regard to the safety or whereabouts of UXO in such areas.

In addition, as training exercises can take place at any time and often involve the use of live fire, permit holders must consult with Defence to minimise the applicant's own risk. Details of Release Areas that coincide with MEA or DPA are provided below in the Notices for Specific Areas.

Locations of restricted and prohibited areas, including maps, are listed in Annual Australian NOTAM and Australian Annual NOTMAR publications, which are available from the Royal Australian Air Force Aeronautical Information Service website (RAAF AIS - Designated Airspace Handbook) and the Royal Australian Navy (RAN) Hydrographic Office website respectively.

Successful applicants will need to liaise with Defence during the planning phase and notify any exploration activity. Defence requires notification, prior to commencement, of any exploration works, including positions and dimensions (lateral and vertical) of associated infrastructure and permanent infrastructure development, to be undertaken in areas which lie within Defence Restricted Airspace. Details of routes of any associated helicopter support operations are also requested. The appropriate point of contact is the Australian Defence Force Airspace Cell (see below).

For all Release Areas, successful applicants will be required to notify the Australian Hydrographic Office a minimum of three weeks prior to any exploration works to be undertaken, to assess for impact on maritime industry. Further, the Australian Hydrographic Office requires details of any exploration activity including suspended well heads, including whether the well will be left suspended or plugged and abandoned, or proposed infrastructure developments. This will enable relevant navigational charts to be updated and the issue of appropriate navigational warnings.

Successful applicants will need to liaise with Air Force Headquarters during the planning phase and notify any exploration activity. Titleholders will need to provide positions and dimensions (lateral and vertical) of all associated fixed and mobile infrastructure including drilling rigs. Additionally, Headquarters Air Command requires advice within 48 hours of any change in position of exploration activities to avoid conflict with Australian Defence Force exercise activity.

The following Defence contacts will be able to advise of planned Defence activities in specific areas:

General Defence Assistant SecretaryProperty Management BranchBP26-G-B003 Department of Defence Canberra ACT 2609Telephone: +61 2 6266 8650

Australian Defence Force Airspace Cell Telephone: 1800 652 222Email: [email protected]

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Australian Hydrographic Office Mr Mark Bolger Manager Nautical Assessment and MaintenanceChart Production and MaintenanceAustralian Hydrographic Office Locked Bag 8801 Wollongong NSW 2500Telephone: +61 2 4223 6590 Email: [email protected] Website: www.hydro.gov.au

Headquarters Air Command AIRCDRE Christopher WestwoodDeputy Air Commander AustraliaRAAF GlenbrookGreat Western HighwayGlenbrook NSW 2773Telephone: +61 2 4737 7010Email: [email protected]

Environmental Protection

The Australian Government requires titleholders to conduct their activities in a manner that ensures a high standard of environmental protection. Of particular importance to offshore petroleum exploration are the requirements of the Offshore Petroleum and Greenhouse Gas Storage Act 2006 (OPGGS Act) and Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). Penalties may apply to any activities in breach of the OPGGS Act and EPBC Act.

The Australian National Offshore Petroleum Safety and Environmental Management Authority (NOPSEMA) is the sole designated assessor for environmental management of offshore petroleum activities in Commonwealth waters.

On 28 February 2014, the Australian Government announced streamlined arrangements that apply to petroleum activities in Commonwealth waters. The Australian Minister for the Environment has issued a class approval under the EPBC Act for petroleum and greenhouse gas activities in Commonwealth waters, subject to the exclusions detailed below.

The class approval means titleholders of petroleum activities in Commonwealth waters have deemed approval from the Minister for the Environment for their activities provided they are undertaken in accordance with the environmental management processes under the OPGGS Act as described in a formal document, ‘the Program’, available at: http://www.industry.gov.au/resource/UpstreamPetroleum/OffshorePetroleumEnvironment/Documents/ProgramReport.pdf..

The Program describes the requirements under the OPGGS Act and subordinate regulations; in particular the Offshore Petroleum and Greenhouse Gas Storage (Environment) Regulations 2009 (Environment Regulations). Further information on streamlining may be found at www.industry.gov.au/streamlining.

The class approval does not cover activities that:

Have, will have or are likely to have a significant impact on the environment on Commonwealth land;

Are taken in any area of sea or seabed that is declared to be a part of the Great Barrier Reef Marine Park under the Great Barrier Reef Marine Park Act 1975;

Have, will have or are likely to have a significant impact on the world heritage values of the Great Barrier Reef World Heritage property or on the national heritage values of the Great Barrier Reef National Heritage place;

Are taken in the Antarctic; and

Are injection and/or storage of greenhouse gas.

Key approvals

All petroleum activities in Commonwealth waters require an accepted Environment Plan under the Environment Regulations before they can proceed.

New development activities require an accepted Offshore Project Proposal, prior to submission of any Environment Plans under the Environment Regulations.

Activities that are to be carried out within a declared Commonwealth Marine Reserve may also require approval from the Director of National Parks.

Activities excluded from streamlined arrangements (listed above) that are likely to have an impact on a matter of National Environmental Significance also require approval under Part 4 of the EPBC Act.

Information on the OPGGS Environment Regulations is available at: http://www.industry.gov.au/resource/UpstreamPetroleum/OffshorePetroleumEnvironment/Pages/OffshorePetroleumandGreenhouseGasStorageRegulations2009.aspx.

Information on the EPBC Act is available at: http://www.environment.gov.au/topics/about-us/legislation/environment-protection-and-biodiversity-conservation-act-1999.

OPGGS Act and associated regulations

The object of the Environment Regulations is to ensure that any petroleum or greenhouse gas activity carried out in an offshore area is carried out in a manner:

Consistent with the principles of ecologically sustainable development;

By which the environmental impacts and risks of the activity will be reduced to as low as reasonably practicable; and

By which the environmental impacts and risks of the activity will be of an acceptable level.

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Environment Plans

Under the Environment Regulations, a titleholder must have an accepted Environment Plan in place for a ‘petroleum activity’ prior to undertaking that activity.

A ‘petroleum activity’ is defined in the Environment Regulations as operations or works carried out in an offshore area for the purpose of exercising a right conferred under a petroleum title under the OPGGS Act or discharging an obligation imposed on a titleholder by the OPGGS Act or subordinate regulation. The titleholder is responsible for determining if an activity meets the definition of ‘petroleum activity’ under the Environment Regulations, and for preparation of the Environment Plan for NOPSEMA assessment.

An Environment Plan must demonstrate that impacts and risks to the environment are reduced to as low as reasonably practicable and managed to an acceptable level. The required content of an Environment Plan is detailed within the Environment Regulations (refer Division 2.3). These content requirements include that titleholders consider impacts and risks on matters of National Environmental Significance where relevant. Matters of National Environmental Significance are defined in the EPBC Act and further described below.

The Environment Plan must include an Oil Pollution Emergency Plan (OPEP) to ensure that the range of credible oil spill risks associated with the activity that have the potential for environmental impact have been detailed, evaluated and adequately prepared for, and that adequately tested response measures are in place (refer Regulation 14 of the Environment Regulations). The OPGGS Act also requires that titleholders have sufficient financial assurance to meet costs, expenses and liabilities associated with undertaking a petroleum activity.

The Environment Regulations also require titleholders to undertake consultation with ‘relevant persons’, defined (refer to Regulation 11A) as persons whose functions, interests or activities may be affected by the activities to be carried out.

Titleholders must, in the Environment Plan, include a report on all consultations comprising a summary of consultation, an assessment of the merits of any objection or claim, a statement of the titleholder’s response to each, and the full text of all correspondence and an assessment. The implementation strategy for an Environment Plan must also demonstrate adequate arrangements for ongoing stakeholder consultation.

NOPSEMA will assess the titleholder’s Environment Plan and decide to either ‘accept’ or ‘refuse to accept’ the Environment Plan (refer to Regulation 10A for the acceptance criteria) then subsequently monitor the titleholder’s continued compliance with the accepted Environment Plan. Bidders should note that NOPSEMA cannot accept an Environment Plan where the activity, or part of the activity, would take place within the boundaries of a declared World Heritage property.

Offshore Project Proposals

Under the Environment Regulations, a proponent must have an accepted Offshore Project Proposal in place for a new development activity, or ‘offshore project’, before submission of an Environment Plan for that activity.

An ‘offshore project’ is defined in the Environment Regulations as one or more activities that are undertaken for the purpose of the recovery of petroleum, other than on an appraisal basis, including any conveyance of recovered petroleum by pipeline.

An Offshore Project Proposal is a high-level document that describes the ‘whole-of-lifecycle’ of a proposed new development and demonstrates that impacts and risks to the environment of the proposed project would be managed an acceptable level. The required content of an Offshore Project Proposal is detailed within the Environment Regulations (refer Regulation 5A). These content requirements include that titleholders consider impacts and risks on matters of National Environmental Significance where relevant. Matters of National Environmental Significance are defined in the EPBC Act and further described below.

Further information on NOPSEMA’s environmental management authorisation process is available at: http://www.nopsema.gov.au/environmental-management/

Consideration of matters of National Environmental Significance under the OPGGS Act

Both Environment Plans and Offshore Project Proposals require proponents to consider the potential impacts and risks to matters of National Environmental Significance.

The Department of the Environment has developed an interactive database to provide further information on matters of National Environmental Significance (for example wetlands of international importance, endangered and vulnerable species, World and National Heritage areas). The database is available at: http://www.environment.gov.au/epbc/pmst/.

Bidders should note that this advice, and the advice in the Notices for Specific Areas, was produced during late 2013 and early 2014 and that information on matters of National Environmental Significance, such as species location, timing and habitat importance, may change over time as new information becomes available.

Potential bidders are encouraged to consult this database with respect to a permit area of interest before finalising their bids. Potential bidders should consider the range of impacts and risks to matters of National Environmental Significance throughout the exploration, production and decommissioning phases of a petroleum development activities and greenhouse gas storage activities.

Many of the Release Areas are in proximity to sensitive environments, including important habitat for threatened and migratory species, wetlands of international importance, World Heritage Areas, National Heritage Areas, or areas of important ecological and heritage value in the Commonwealth

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marine environment. Activities proposed in these Release Areas will be subject to a high level of environmental scrutiny, and further assessment and an EPBC ACT approval may be required.

Further information on consideration of matters of National Environmental Significance under the EPBC Act is considered in the discussion on EPBC Act Assessment Processes below.

Detailed information on matters of National Environmental Significance and associated requirements under the Environment Regulations can be found in Chapter 7 of the 2014 Strategic Assessment Report of NOPSEMA’s environmental management authorisation process at: http://www.industry.gov.au/resource/UpstreamPetroleum/OffshorePetroleumEnvironment/Documents/StrategicAssessmentReport.pdf.

Proponents are encouraged to consult with NOPSEMA early in their planning processes should there be particular environmental sensitivities of concern.

EPBC Act Environmental Assessment Process for Commonwealth Marine Reserves

The Australian Government Director of National Parks is responsible for the management of Commonwealth Marine Reserves. Where the Director has not issued a class approval in relation to activities within a Marine Park, that activity may require separate assessment and approval.

Forty new Commonwealth Marine reserves were established around Australia in November 2012. The management plans that were scheduled to come into effect in July 2014 have been set aside as part of the Australian Government’s commitment to review the Commonwealth Marine reserves program. Management plans will be developed for the South-west, North-west, North and Temperate East reserve networks and the Coral Sea Commonwealth Marine Reserve. A management plan for the fourteen reserves in the South-east Commonwealth Marine Reserves Network came into effect on 1 July 2013. Many of the 2014 Release Areas overlap Commonwealth Marine reserves. Areas of overlap are identified in the Notices for Specific Areas.

For the 25 reserves which predated last year’s extension of the Commonwealth Marine reserve network, the following oil and gas activities may or may not be permitted within specific zones of the Commonwealth Marine reserves under current management arrangements:

Multiple Use Zone - mining operations (including oil and gas exploration, development and other activities) may occur subject to approval.

Special Purpose Zone - mining operations (including oil and gas exploration, development and other activities) may generally occur subject to approval except in Special Purpose Zones (Oil and Gas Exclusion) where they are not permitted.

Marine National Park Zone - mining operations (including oil and gas exploration, development and other activities) are not permitted. As mining operations, including seismic activities, are not permitted within Marine National Park Zones, and seismic vessels require a large turning area, consideration should be given to application of a buffer of at least 25 km between areas where seismic operations are being undertaken and the boundaries of Marine National Park Zones.

Sanctuary and Recreational Use zones - mining operations (including oil and gas exploration, development and other activities) are not permitted.

Bidders should carefully consider the management arrangements for each individual Commonwealth Marine reserve. Management zones are different between regional networks of Commonwealth Marine reserves and individual zoning schemes which detail the allowed activities should be consulted.

If an existing approval is held to undertake activities within a Commonwealth Marine reserve or the now-revoked Coral Sea Conservation Zone, those activities may continue under the terms of the existing approval and no additional administrative requirements apply.

The new areas proclaimed in the Commonwealth Marine reserves network include a range of different management zones which will take effect with the commencement of the management plans. Until new management plans come into effect, transitional management arrangements will continue.

Under these transitional management arrangements, there are no changes on the water for users in those areas that were established as a reserve in November 2012. Mining operations are allowed in these areas under the transitional management arrangements by a general approval.

Current management arrangements for pre-existing and former reserves (including areas within new reserves that were formerly reserves) will also remain in place until the new management plans come into effect.

More information on the location of the marine reserves, their zoning and management planning processes can be found at: http://www.environment.gov.au/topics/marine/marine-reserves.

EPBC Act Environmental Assessment Process for matters of National Environmental Significance

All activities must consider the impacts on the environment, including matters of National Environmental Significance, and the EPBC Act Environmental Assessment Process may apply to activities excluded from streamlined arrangements; activities that:

Have, will have or are likely to have a significant impact on the environment on Commonwealth land;

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Are taken in any area of sea or seabed that is declared to be a part of the Great Barrier Reef Marine Park under the Great Barrier Reef Marine Park Act 1975’

Have, will have or are likely to have a significant impact on the world heritage values of the Great Barrier Reef World Heritage property or on the national heritage values of the Great Barrier Reef National Heritage place;

Are taken in the Antarctic; and

Are injection and/or storage of greenhouse gas.

In planning activities that are excluded from streamlined arrangements, it is strongly recommended that sufficient time be allowed for the EPBC Act referral process, as well as any requests for further information, which suspends the referral process and assessment and approval processes.

In these cases, additional time will be required for assessment of the action and for the Minister to make a decision whether to approve the taking of the action. The timeframes for assessment processes are identified in the EPBC Act and vary depending upon the type of assessment required and the time taken to receive information from the proponents to complete the assessment. Production activities, exploration activities and greenhouse gas storage activities that may have a significant impact on environmentally sensitive areas are, in particular, more likely to require further assessment and an approval decision under the EPBC Act.

Potential bidders are reminded that the awarding of petroleum or greenhouse gas storage acreage under the OPGGS Act is not a guarantee of approval under the EPBC Act. A referral may result in a decision by the Minister that the action is clearly unacceptable, or an assessment and approval process may result in a decision to not approve the taking of the action.

Information on the assessment process and statutory timeframes can be viewed at: http://www.environment.gov.au/topics/environment-protection/environment-assessments/assessment-and-approval-process.

Further information on consideration of specific matters of National Environmental Significance under the EPBC Act Assessment Process follows, specifically in relation to:

Heritage Values;

Commonwealth Marine Areas and Commonwealth Land;

Indigenous Heritage Values;

Other protected matters;

The Historic Shipwrecks Act ;

Cetaceans; and

Marine Bioregional Planning.

Heritage Values

Listed heritage values are protected and managed under a range of Commonwealth powers.

World Heritage properties are sites that are recognised under the World Heritage Convention as being of international significance because of their outstanding universal natural and/or cultural values. The World Heritage Committee makes the final decision on whether a place is inscribed on the World Heritage List (WHL).

Places on the WHL are protected under the EPBC Act as matters of National Environmental Significance. Australia’s WHL is maintained by the Department of the Environment, and is available at: http://www.environment.gov.au/topics/heritage/heritage-places/world-heritage-list.

The National Heritage List (NHL) has been established to include places of outstanding heritage significance to Australia. The NHL comprises places with natural, historic and/or Indigenous values. A place entered in the NHL is known as a National Heritage place. Each place in the List has been assessed by an independent body, the Australian Heritage Council, to determine whether the place has national heritage values. The Australian Government Environment Minister makes the final decision on whether a place is listed.

Places in the NHL are protected under the EPBC Act as matters of National Environmental Significance. The NHL is compiled and maintained by the Department of the Environment, and is available at: http://www.environment.gov.au/topics/heritage/heritage-places/national-heritage-list.

The Commonwealth Heritage List (CHL), established under the EPBC Act, comprises natural, Indigenous and historic heritage places entirely within a Commonwealth area or outside the Australian jurisdiction and owned or leased by the Commonwealth and which the Australian Government Environment Minister is satisfied have one or more Commonwealth Heritage values. The Minister makes the final decision on whether to include a place in the CHL.

In addition, Australian Government agencies are required to develop:

Heritage strategies;

A heritage register; and

Management plans for places on the CHL to protect the heritage values of the Commonwealth Heritage Places they own or lease.

The CHL is compiled and maintained by the Department of the, Environment, and is available at http://www.environment.gov.au/topics/heritage/heritage-places/commonwealth-heritage-list. As of November 2013, there are 100 places in the NHL, 19 places on the WHL and 397 places included in the CHL. These lists include some offshore areas.

New places are added to the lists on an ongoing basis. The

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database should be investigated for relevant areas at: http://www.environment.gov.au/cgi-bin/ahdb/search.pl. The values of CHL places are protected by the EPBC Act as part of the environment of Commonwealth lands and waters.

From February 2012, all references to the Register of the National Estate (established in 1976 as a national inventory of places of significant natural and/or cultural heritage) were removed from the EPBC Act and the Australian Heritage Council Act 2003. The Register now remains as an online archive of information about Australia’s heritage places. The EPBC Act continues to protect the heritage values of places in the Register that are in Commonwealth areas or are otherwise the responsibility of the Australian Government, such as the heritage values of places in the NHL.

Although advice is provided on specific sites, prospective bidders and proponents are encouraged to check each release area for any sites relating to Australian government heritage lists.

Commonwealth Marine Areas and Commonwealth Land

In Commonwealth marine areas and on Commonwealth land, heritage values form part of the environment and are considered under the EPBC Act. An Indigenous heritage value does not need to be included on a list or register to be considered under the definition of the environment in the EPBC Act. 

Indigenous Heritage Values

The Commonwealth Heritage management principles include the principle that “Indigenous people are the primary source of information on the value of their heritage and the active participation of Indigenous people in identification, assessment and management is integral to the effective protection of Indigenous heritage values”. All future proponents should refer to Ask First: A guide to respecting Indigenous heritage places and values (Australian Heritage Commission 2002), which can be viewed at: http://www.environment.gov.au/heritage/ahc/publications/commission/books/ask-first.html, and actively engage the relevant Indigenous people with rights or interests to ensure that Indigenous heritage values are given appropriate consideration.

Other protected matters

Potential bidders should also be cognisant of matters of National Environmental Significance, such as, but not limited to, wetlands of international importance (Ramsar), and heritage places (including indigenous heritage values), considerable distances from the acreage, that could potentially be impacted in the event of a hydrocarbon spill.

Historic Shipwrecks Act 1976

The Commonwealth Historic Shipwrecks Act 1976 (Historic Shipwrecks Act) protects all shipwrecks and associated relics that are 75 or more years old, regardless of whether their physical location is known. More recent shipwrecks may be declared as historic under the Historic Shipwrecks Act by the

Minister. The Historic Shipwrecks Act aims to ensure that historic shipwrecks are protected for their heritage values and maintained for recreational and educational purposes. It also regulates activities that may result in the damage, interference, removal or destruction of an historic shipwreck or associated relic.

The Historic Shipwrecks Act also provides for protected zones to be declared in order to enhance the protection of historic shipwrecks and relics which are of special significance or sensitivity or at particular risk of interference. Permits are required to enter protected zones, which can cover an area up to 200 hectares.

The jurisdiction of the Historic Shipwrecks Act is not limited to Commonwealth marine areas as defined by the EPBC Act, as it protects historic shipwrecks and associated relics found in Australian waters from the low water mark to the edge of the continental shelf, including the coastal waters of the Australian States and Territories.

The requirements of the Historic Shipwrecks Act must be taken into consideration when applying for any State, Territory or Commonwealth planning approval for actions or developments in these waters.

Any actions involving contact with the seabed, or operations in close proximity to the seabed, have the potential to damage, destroy or interfere with historic shipwrecks and it is strongly recommended that proponents should seek professional advice and develop risk mitigation strategies to prevent committing an offence under the Historic Shipwrecks Act.

When undertaking actions in the marine environment, proponents and their contractors must conform to all requirements of the Historic Shipwrecks Act and must:

a. not damage, destroy or interfere with any historic shipwrecks or relics that may be encountered during the course of a proposed action without a permit;

b. not enter or conduct activities within a shipwreck protected zone without first obtaining a permit under the Historic Shipwrecks Act;

c. provide a written notification of the discovery of any suspected shipwreck or shipwreck relics identified during the course of the proposed action including:

i. a detailed description of the remains of the shipwreck or of the relic. This could include sonar images, electronic data and digital photographs; and

ii. a description of the place where the shipwreck remains or relic is located that is sufficiently detailed to allow it to be identified and re-located including navigation data and datum information.

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It should be noted that, although the Historic Shipwrecks Act does not currently provide for the protection of the natural environment associated with shipwrecks, these natural components form an integral part of historic shipwreck sites and are often critical to the long term preservation of shipwrecks and relics. Damage to these natural components can result in increased deterioration of shipwrecks and consequently affect the shipwrecks role as a marine habitat.

Further information about the Historic Shipwrecks Act can be found at: http://www.environment.gov.au/aggregation/historic-shipwrecks.

Cetaceans and the EPBC Act

The 2014 Release Areas includes areas that are in, or in proximity, to recognised cetacean migration corridors and areas listed as biologically important areas – for feeding, breeding, calving and resting.

Applicants should be aware that cetaceans are present in all Australian marine waters, and should particularly note that each year, endangered and migratory southern right whales (Eubalaena australis) and vulnerable and migratory humpback whales (Megaptera novaeangliae) migrate to warm waters off Australia to breed and calve. These movements mostly occur between May and November however some whales arrive earlier and leave later.

In Australia, endangered and migratory southern right whales (Eubalaena australis) occupy calving/nursery grounds from May to October (occasionally as early as April and as late as November). During the months of November to May, the endangered and migratory blue whale (Balaenoptera musculus) is known to feed in certain locations in the southern waters of Australia. While the specific migration routes for the blue whale off Western Australia are uncertain, they are thought to begin to migrate northward to the Timor Sea from March/April to August, before returning south in September/October to December to feed. Encounters in nearby acreage release areas remain a distinct possibility. Migratory inshore dolphin species are found all year round in the tropical waters of northern Australia.

A policy statement on the interaction between offshore seismic exploration and whales has been developed by the Department of the Environment in consultation with the petroleum industry, whale research scientists and conservation groups. The EPBC Act Policy Statement 2.1 - Interaction between offshore seismic exploration and whales (September 2008) can be obtained at: http://www.environment.gov.au/resource/epbc-act-policy-statement-21-interaction-between-offshore-seismic-exploration-and-whales.

The document outlines standard management measures (Part A) that should be used at all times when operating in Australian waters, and outlines additional management measures (Part B), which should be used in areas where there is a moderate to high likelihood of encountering whales. It should be noted that the intention of Policy Statement 2.1 is to reduce the likelihood that seismic surveys will result in acoustic injury to whales and does not cover potentially

significant behavioural impacts to whales, which may occur when whales are calving, feeding, breeding or resting.

The Policy Statement 2.1 states that seismic surveys should not be proposed in proximity to areas where and when cetaceans are likely to be breeding, calving, resting or feeding. Some proposed 2014 release areas in proximity to areas where whales are engaged in critical lifecycle activities. Activities and associated mitigation measures will need careful consideration and may require mitigation measures to be implemented which are beyond the scope of Policy Statement 2.1.

The Biologically Important Areas for cetaceans in the five marine regions are detailed in a Conservation Values Atlas online at: http://www.environment.gov.au/topics/marine/marine-bioregional-plans/conservation-values-atlas.

Part 8 of the Environment Protection and Biodiversity Conservation Regulations 2000 outlines the requirements for all people interacting with cetaceans within Commonwealth waters. The regulations specify how vessels, aircraft and people must behave around these animals. For example, vessels must not deliberately approach whales closer than 100 m. Within 300 m vessels must use caution and travel at low speed. Touching or feeding whales and dolphins is prohibited.

Further information is contained within the Australian National Guidelines for Whale and Dolphin Watching 2005, which has also been adopted by all States and Territories, and is available at: http://www.environment.gov.au/resource/australian-national-guidelines-whale-and-dolphin-watching-2005.

Marine Bioregional Planning

A Marine Bioregional Planning Program has been implemented under the EPBC Act. The two key outputs of the Program are the development of four Marine Bioregional plans, to guide decisions under the EPBC Act, and the identification and establishment of a network of marine reserves in Commonwealth waters, which has seen more than 2.3 million square kilometres added to Australia’s national network of marine protected areas.

Marine Bioregional plans were released in August 2012 for the South-west, North-west, North and Temperate East Marine Regions. The Marine Bioregional plans contain detailed information in two schedules. These plans provide a comprehensive description of the conservation values, the pressures these values are under and priorities for further effort and investment. They include a description of key conservation and heritage priorities, as well as current and emerging pressures on the marine environment. The plans also provide advice to people wishing to undertake new activities within Commonwealth waters about the relative risk of significant impact that certain activities may represent for matters of National Environmental Significance. The Marine Bioregional Plan information is located at: http://www.environment.gov.au/topics/marine/marine-bioregional-plans

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Pressures on some of the conservation values relevant to the oil and gas industry include:

For various cetaceans - chemical pollution/contaminants, nutrient pollution, marine debris, noise pollution, physical habitat modification, human presence at sensitive sites, collision/entanglement with infrastructure, collision with vessels and oil pollution;

For various marine turtles - marine debris, noise pollution, nutrient pollution, changes to turbidity, light pollution, invasive species, physical habitat modification and collision with vessels;

For seasnakes - physical habitat modification and oil pollution;

For various elasmobranches - chemical pollution/contaminants, and marine debris; and

For various seabirds - chemical pollution/contaminants, changes to turbidity, marine debris, human presence at sensitive sites, human presence at sensitive sites, physical habitat modification, invasive species, light pollution and oil pollution.

The Marine Bioregional plans provide further details on the pressures the conservation values are under at http://www.environment.gov.au/topics/marine/marine-bioregional-plans.

Many of the 2014 Release Areas overlap Key Ecological Features which have been identified as part of marine bioregional planning process. Key Ecological Features assist in defining the Commonwealth marine environment, a matter of National Environmental Significance under EPBC Act, and are elements of the ecosystem that are considered to be of regional importance for biodiversity or ecosystem function and integrity. They include habitats, specific benthic or pelagic features, species groups or ecological communities. Further information about Key Ecological Features can be found at: http://www.environment.gov.au/topics/marine/marine-bioregional-plans/conservation-values-atlas.

Pressures on some of the Key Ecological Features relevant to the oil and gas industry include:

For the Ancient coastline at 125 m depth contour – noise pollution;

For the Ancient Coastline at 90-120 m Depth Contour - physical habitat modification;

For the Carbonate bank and terrace system of the Sahul Shelf – changes in sea temperature, marine debris and physical habitat modification;

For the Continental Slope Demersal Fish Communities - physical habitat modification and changes in the sea temperature;

For the Exmouth Plateau – physical habitat modification;

For the Shelf break and slope of the Arafura Shelf – changes in the sea temperature, marine debris, oil pollution and physical habitat modification.

A number of the 2014 Release Areas also overlap with Biologically Important Areas. Biologically Important Areas spatially define areas where aggregations of individuals of a species are known to display biologically important behaviour.

Five of the six species of marine turtle that are found in Australian waters are known or may occur in the waters off north and west Australia. These species include the vulnerable green turtle (Chelonia mydas), endangered loggerhead turtle (Caretta caretta), endangered olive Ridley turtle (Lepidochelys olivacea), endangered leatherback turtle (Dermochelys coriacea) and vulnerable flatback turtle (Natator depressus).

The waters off north and west Australia support important nesting areas for green, hawksbill, loggerhead and flatback turtles. Olive ridley turtles are known to forage in the northern parts of the region but records indicate that they nest only occasionally in the region.

Numerous migratory bird species are known to occur in this area including red-footed booby, fairy tern and wedge-tailed shearwater. Seabirds spend most of their lives at sea, ranging over large distances to forage over the open ocean. Many of these species also breed in and adjacent to the water of north western Australia, including significant populations of terns, shearwaters and boobies.

During their migration, shorebirds use a number of staging areas as intermediate feeding sites to rest and restore energy reserves. Within and adjacent to the region, there are a number of sites which are of international or national significance to shorebirds. Maps of Biologically Important Areas (for species including cetaceans, marine turtles and migratory birds) are available in the Conservation Values Atlas online at: http://www.environment.gov.au/topics/marine/marine-bioregional-plans/conservation-values-atlas.

Fishing Activities

The Australian Fisheries Management Authority (AFMA) represents the interests of the Australian community in the management of fisheries resources in Commonwealth waters. AFMA is committed to the sustainable and economically efficient use of fisheries resources and would like to minimise the impact of offshore petroleum exploration on the sustainability and productivity of fish stocks and any operational conflicts between fishing and petroleum exploration activities.

AFMA has developed Guidelines for the Petroleum Industry which provides clarity about AFMA’s role and expectations in relation to consultation. The Guidelines are provided as part of a ‘one stop shop’ for the petroleum industry on AFMA’s website (www.afma.gov.au). The Guidelines offer information about fisheries and how to consult with the fishing industry, which is required for the preparation of Environment Plans under the Environment Regulations.

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The level of consultation will be dependent upon the type and scale of the activity and subsequent likelihood of impact on fishing. Any type of activity which could cause spatial or temporal disturbance to fishing or scientific management should be the subject of consultation. However, given the large number of petroleum projects, AFMA requires industry to consult directly only in relation to activities which might have impacts at large scale e.g. pipelines and seismic surveys.

In order for AFMA to consider the impact of large scale proposals, clear maps with locations of proposed developments (in latitude and longitude in datum WGS 1984) and associated petroleum title references should be sent to AFMA via email at: [email protected].

Consultation with the fishing industry should be undertaken in respect of all activities (small and large) and early in the planning stages of an exploration activity, well prior to commencing operations. AFMA’s ‘one-stop-shop’ contains a Fishing Consultation Directory of contacts for fishing industry associations in each fishery (where they exist). In some Commonwealth fisheries, there are no associations other than the Commonwealth Fisheries Association. Another option for petroleum operators is to access the names and addresses of individual Commonwealth Statutory Fishing Rights, Fishing Permit and High Seas Permit holders from the Public Register, which can be obtained from AFMA Licensing for a prescribed fee of $50 (per register).

Management Advisory Committees (MACs) provide AFMA with advice regarding the management of individual fisheries, including issues relating to other uses of the marine environment. For the Western Deepwater Trawl and North West Slope Trawl Fisheries, there are no MACs, however a Western Trawl Consultative Panel does exist and meets when necessary to discuss fishery wide issues. AFMA, MACs and the broader fishing industry are concerned about some of the impacts of petroleum exploration on the marine environment.

Seismic surveys

Concerns continue to be expressed about the impact of seismic surveys on the movements of migratory species, as well as on schools of fish which may disperse for prolonged periods following surveys. There are also specific anxieties relating to the potential impact of seismic surveys on fish populations, particularly when conducted over large areas or entire reefs. AFMA encourages thorough consultation with industry in relation to this issue. This is reflected in the concerns and recommendations below for each of the exploration areas. A joint fishing and petroleum industry project is currently being conducted to assess the impact of marine seismic surveys on southeast Australian scallop and lobster fisheries. Results from the study are due in 2014.

Debris

AFMA wishes to stress the importance of removing debris, and requests that proponents make every attempt to leave exploration areas free of obstruction. In circumstances where this is not practicable, any remaining debris should be promptly reported to the relevant peak fishing industry bodies.

This is particularly important in the Commonwealth Trawl Fishery, Great Australian Bight Trawl Fishery, Northern Prawn Fishery, North West Slope Trawl Fishery and Western Deepwater Trawl Fishery.

Australian Fisheries Management AuthorityPolicy, Environment, Economics and Research SectionBox 7051, Canberra BCCANBERRA ACT 2610Telephone: +61 2 6225 5555Email: [email protected]

Navigation

The Australian Maritime Safety Authority (AMSA) is a Commonwealth agency responsible for maritime safety, protection of the marine environment and maritime and aviation search and rescue. Proponents should note that significant commercial shipping will be encountered in some Release Areas and collision risks and precautions must be addressed in all cases. Detailed information is identified in the Notices for Specific Areas.

Before commencing any exploration, drilling or development operation, proponents must contact AMSA’s Nautical and Regulation Section (Email: [email protected]) with a view to obtaining shipping traffic data and to discuss what anti-collision and/or preventative measures may be required by AMSA. Such measures may include warning and navigational lights, Automatic Identification System (AIS) beacons and an offshore guard vessel that is able to monitor traffic and ensure anti-collision action is taken in the event of a vessel approaching on a collision course.

For exploration drilling including the use of Mobile Offshore Drilling Units (MODU), proponents should take all possible and practicable action to avoid any stationary/Dynamic Positioning drilling activities, including the related drilling exclusion zones, to be conducted within a chartered Shipping Fairway.

For non-drilling exploration activities including hydrographic surveys, 2D and 3D seismic surveys and bottom sampling, proponents are requested to liaise closely with the Nautical and Regulation Manager of AMSA regarding navigational safety including identification of suggested preventative anti-collision or avoidance measures. In addition to safety measures, AMSA may recommend proposed changes to survey run lines and/or modifications to proposed operational areas within a title.

Exploration, drilling and development activities should be avoided within, and in the approaches to, chartered Shipping Fairways and are not permitted within International Maritime Organisation adopted Traffic Separation Schemes.

Further information regarding ship safety is available at: http://www.amsa.gov.au/navigation/shipping-management/offshore-activities/

Information regarding related spatial data requests including digital data and map products can be found at: http://www.amsa.gov.au/community/online-service.

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Telecommunication (Submarine) Cables

Submarine telecommunication cables carry the bulk of Australia’s international voice and data traffic and are a vital component of our national infrastructure linking Australia with other countries. Submarine cables are vulnerable to damage and breakage, which can have serious consequences for the flow of information to and from Australia.

The Department of Communications has responsibility for Schedule 3A of the Telecommunications Act 1997, which is administered by the Australian Communications Media Authority.

The Telecommunications Act 1997 provides for submarine cable protection zones to be declared around international submarine cables that are considered to be of national significance. Certain activities, including exploring for resources and mining, are prohibited or restricted in protection zones. There are currently three protection zones: the North and South Sydney Protection Zones and the Perth Protection Zone.

The 2014 Release Areas do not appear to be in the vicinity of existing protection zones. However, the protection zone regime does not cover domestic cables or all international cables. Potential bidders are therefore urged to contact submarine cable providers early in their planning processes to ensure they do not inadvertently damage telecommunications cables.

Particular attention should be paid to the JASURAUS cable, operated by Telstra, which connects Port Hedland and Indonesia. The relevant contact for the JASURAUS cable is:

TelstraMr Michael CostinTelephone: (02) 8576 9111Email: [email protected]

Insurance

Under the Offshore Petroleum and Greenhouse Gas Storage Act 2006, successful applicants are required to maintain adequate insurance against expenses or liabilities in relation to activities pursuant to the exploration permit, including the expenses of complying with directions with respect to remedying the effects of the escape of petroleum.

Native Title

Native title is the recognition by Australian law that some Indigenous people have rights and interests to their land that come from their traditional laws and customs.

The native title rights and interests held by particular Indigenous people will depend on both their traditional laws and customs and what interests are held by others in the area concerned. Generally speaking, native title must give way to the rights held by others. The capacity of Australian law to recognise the rights and interests held under traditional law and custom will also be a factor.

Native title rights and interests may include rights to:

Live on the area; Access the area for traditional purposes, like

camping or to do ceremonies; Visit and protect important places and sites; Hunt, fish and gather food or traditional resources

like water, wood and ochre; and Teach law and custom on country.

In some cases, native title includes the right to possess and occupy an area to the exclusion of all others (often called ‘exclusive possession’). This includes the right to control access to, and use of, the area concerned. However, this right can only be recognised over certain parts of Australia, such as unallocated or vacant Crown land and some areas already held by, or for, Indigenous people.

Native title rights and interests differ from Indigenous land rights in that the source of land rights is a grant of title from government. The source of native title rights and interests is the system of traditional laws and customs of the native title holders themselves.

The National Native Title Tribunal can be contacted at: [email protected].

Further Notices

Any further notices and related issues identified by the Australian Government will be advised in the Australian Petroleum News, a free occasional newsletter produced by the Department of Industry. Stakeholders are encouraged to register to receive this newsletter by emailing: [email protected].

The mailing list is not used for any purposes other than disseminating the Australian Petroleum News and notifying registered parties of associated petroleum issues. There is no charge for this service.

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NOTICES FOR SPECIFIC AREASRELEASE AREAS OFF THE NORTHERN TERRITORY

Northern Bonaparte Basin

NT14-1 / NT14-2 / NT14-3

Environmental Protection

Commonwealth Marine Areas

Release Areas NT14-1 and NT14-2 are approximately 7 km and Release Area NT14-3 is approximately 18 km from the Oceanic Shoals Commonwealth Marine Reserve. The reserve is a Multiple Use Zone (IUCN Category VI). The major conservation values of this Commonwealth Marine Reserve include:

Important inter-nesting area for the vulnerable and migratory flatback turtle (Natator depressus) and endangered and migratory olive ridley turtle (Lepidochelys olivacea);

Important foraging area for the endangered and migratory olive ridley turtle and loggerhead turtle (Caretta caretta);

Examples of the ecosystems of the Northwest Shelf Transition Province and the Timor Transition Province; and

Four Key Ecological Features represented in this reserve.

Further information about this and other Commonwealth Marine Reserves in the larger proximity is located at: http://www.environment.gov.au/topics/marine/marine-reserves

Key Ecological Features

The Oceanic Shoals Commonwealth Marine Reserve overlaps with:

Carbonate Bank and Terrace System of the Van Diemen Rise;

Carbonate Bank and Terrace System of the Sahul Shelf;

Pinnacles of the Bonaparte Basin; and

Shelf break and slope of the Arafura Shelf

which are Key Ecological Features in the North and North-west Marine Regions. The values of these features include enhanced productivity and unique sea-floor features with ecological properties of regional significance.

Release Areas NT14-1 and NT14-2 overlap the Shelf break and slope of the Arafura Shelf which is a Key Ecological

Feature in the North Marine Region. The values of this feature include ecological significance associated with productivity.

Release Areas NT14-1 and NT14-2 are also within 100 km of the Carbonate Bank and Terrace System of the Van Diemen Rise Key Ecological Feature.

Release Area NT14-3 is within 100 km of Key Ecological Features including the Carbonate Bank and Terrace System of the Van Diemen Rise, the Pinnacles of the Bonaparte Basin and the Shelf break and slope of the Arafura Shelf.

Biologically Important Areas

Release Areas NT14-1, NT14-2 and NT14-3 overlap with, or are in proximity to, Biologically Important Areas for the vulnerable and migratory vulnerable green (Chelonia mydas) and flatback turtle and the endangered and migratory loggerhead turtle and olive ridley turtle.

Biologically Important Areas are particularly important for the conservation of protected species and where aggregations of individuals of a protected species display biologically important behaviour such as breeding, foraging, resting or migration. The presence of the observed behaviour is assumed to indicate that habitat required for the behaviour is also present. For current information on species behaviours and seasonality of species occurrence within Biologically Important Areas, refer to the Conservation Values Atlas at: http://www.environment.gov.au/coasts/marineplans/cva/index.html.

The Marine bioregional plan for the North-west Marine Region and North Marine Region provides regional advice for proponents with respect to Biologically Important Areas and Key Ecological Features (see http://www.environment.gov.au/topics/marine/marine-bioregional-plans).

Threatened and Migratory Species

A number of EPBC Act listed threatened and migratory species are found in or near the Release Areas. Activities planned for these Release Areas during biologically important times for listed threatened and migratory species are likely to be subject to close scrutiny under the EPBC Act.

Cetaceans

While these Release Areas are not within any known main migration pathways or aggregation areas, cetaceans may be present in the general area. Seismic activities should continue to be planned in accordance with EPBC Act Policy Statement 2.1 – Interaction between offshore seismic exploration and whales (September 2008).

Marine Turtles

All six species of marine turtle that occur in Australia waters occur in Release Areas NT14-1 and NT14-2. The endangered and migratory loggerhead, olive ridley and leatherback (Dermochelys coriacea) turtles are likely to occur in these Release Areas. The vulnerable and migratory flatback, green (Chelonia mydas) and hawksbill (Eretmochelys imbricata)

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turtles are known or likely to occur in the Release Areas. These marine turtles have important breeding, nesting and feeding areas throughout and adjacent to the North Marine Region. The North Marine Region also supports globally significant breeding populations of green, hawksbill and flatback turtles.

Elasmobranchs

The migratory longfin mako (Isurus paucus) shark is likely to occur in Release Areas NT14-1 and NT14-2.

Other listed threatened and migratory species may also occur in these Release Areas.

Fishing Activities

Release Areas NT14-1, NT14-2 and NT14-3 are within the Northern Prawn Fishery, Western Tuna and Billfish, Western Skipjack Tuna and Southern Bluefin Tuna Fisheries ranges.

Historical AFMA logbook data for 2009 to 2013 indicates that the Northern Prawn Fishery has been active in Release Areas NT14-1 and NT14-2. It would be preferable if any petroleum exploration activities could be conducted outside the Northern Prawn Fishery seasons, which generally run from early March to mid-June and from mid-August to December.

Additional information on the distribution of fishing effort in the Northern Prawn Fishery (NPF) can be found in the NPF Data Summary 2012 at:http://www.afma.gov.au/wp-content/uploads/2010/06/NPF-Data-Summary-2012.pdf

AFMA recommends successful applicants liaise with representatives of the above fishing interests at an early stage in planning operational activities.

The Northern Territory Seafood Council advises that Release Areas NT14-1 and NT14-2 are within the Timor Reef, Spanish Mackerel and Offshore Net and Line Fisheries ranges administered by the Northern Territory Government.

Successful bidders for Release Areas NT14-1 and NT14-2 are requested to notify the Northern Territory Seafood Council following the award of the exploration permit, and consult with the Council on the proposed work program activities for the permit area to identify any potential conflicts with fishing activities in the region.

Navigation

Moderate commercial shipping traffic will be encountered on the shipping route from Darwin through the Timor Sea and up through Pulau Pulau (Pu Pu Leti) to the Banda Sea. This shipping route passes through these Release Areas.

Australia-Indonesia Maritime Boundaries

Australia and Indonesia have entered into a number of agreements and arrangements relating to the maritime area between Australia and Indonesia, including the 1971 Agreement Establishing Certain Seabed Boundaries (the 1971 Seabed Agreement) and the 1972 Agreement Establishing Certain Seabed Boundaries in the Area of the

Timor and Arafura Seas, Supplementary to the Agreement of 18 May 1971 (the 1972 Seabed Agreement); and the 1997 Treaty Establishing an Exclusive Economic Zone and Certain Seabed Boundaries (the 1997 Perth Treaty).

Release Areas NT14-1, NT14-2 and NT14-3 abut Australia’s seabed boundary with Indonesia under the 1972 Seabed Agreement and, to a large extent, lie in areas where Indonesia’s water column jurisdiction overlaps with Australia’s seabed jurisdiction under the 1997 Perth Treaty. While the 1997 Perth Treaty is not yet in force, the Australian Government acts in accordance with its provisions, including Article 7.

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. However, while it is not a requirement of the 1997 Perth Treaty to advise Indonesia three months prior to the release of offshore acreage areas; in the interests of transparency and good bilateral relations, Australia does notify Indonesia at the time of the of the annual Offshore Petroleum Acreage Release and again three months prior to the grant of any exploration title.

Advice to Indonesia is coordinated through the Department of Industry, the Department of Foreign Affairs and Trade and the Australian Embassy in Jakarta who deliver a third person note to the Indonesian Government.

If exploration activity within these Release Areas involves the construction of an installation or structure, the 1997 Perth Treaty requires Australia to give Indonesia ‘due notice’. 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 which rests on, or is fixed or connected to, the seabed.

For further information on the Perth Treaty please contact:

Manager – Offshore Exploration SectionDepartment of IndustryGPO Box 1564Canberra ACT 2601Email: [email protected]

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Telecommunications

Potential bidders should note the existence of two historic submerged telegraph cables between Java and Darwin. One cable has been successfully recorded on the seabed in the Darwin harbour region. The second cable is thought to run through the Sahul Shoals.

If either cable is located through exploration activities in these Release Areas, explorers are requested to notify the Northern Territory Government:

Senior Heritage Officer – Heritage BranchDepartment of Lands, Planning and the EnvironmentGPO Box 1680 Darwin NT 0801Telephone: (08) 8999 5041RELEASE AREAS OFF THE TERRITORY OF ASHMORE AND CARTIER ISLANDS

Bonaparte Basin – Vulcan Sub-basin

AC14-1

Environmental Protection

Commonwealth Marine Areas

Release Area AC14-1 is not in close proximity to any Commonwealth Marine Reserves, however proponents should note that Commonwealth Marine Reserves in the larger vicinity may also be impacted by petroleum industry activities. Information about Commonwealth Marine Reserves in the larger vicinity is located at: http://www.environment.gov.au/topics/marine/marine-reserves.

Key Ecological Features

Release Area AC14-1 is within 100 km of the Carbonate Bank and Terrace System of the Sahul Shelf which is a Key Ecological Feature in the North Marine Region.

Biologically Important Areas

Release Area AC14-1 is within 20 km of a Biologically Important Area for the vulnerable and migratory whale shark (Rhincodon typus).

Biologically Important Areas are particularly important for the conservation of protected species and where aggregations of individuals of a protected species display biologically important behaviour such as breeding, foraging, resting or migration. The presence of the observed behaviour is assumed to indicate that habitat required for the behaviour is also present. For current information on species behaviours and seasonality of species occurrence within Biologically Important Areas, refer to the Conservation Values Atlas at: http://www.environment.gov.au/coasts/marineplans/cva/index.html.

The Marine bioregional plan for the North Marine Region provides regional advice for proponents with respect to Biologically Important Areas and Key Ecological Features (see http://www.environment.gov.au/topics/marine/marine-bioregional-plans).

Threatened and Migratory Species

A number of EPBC Act listed threatened and migratory species are found in or near Release Area AC14-1. Activities planned for these Release Areas during biologically important times for listed threatened and migratory species are likely to be subject to close scrutiny under the EPBC Act.

Cetaceans

Release Area AC14-1 is potentially within the biologically important migratory route of the endangered and migratory blue whale (Balaenoptera musculus).Blue whales are known to migrate northward to the Timor Sea passing Exmouth from April to August, before returning southward from October to December to feed. They tend to pass along the shelf edge at depths of 500 m out to 1 000 m. Encounters in this acreage release area are possible. Seismic activities should be planned in accordance with EPBC Act Policy Statement 2.1 – Interaction between offshore seismic exploration and whales (September 2008).

Marine Turtles

All six species of marine turtle that occur in Australia waters occur in Release Area AC14-1.The endangered and migratory loggerhead (Caretta caretta), olive ridley (Lepidochelys olivacea) and leatherback (Dermochelys coriacea) turtles are likely to occur in this acreage release area. The vulnerable and migratory flatback (Natator depressus), green (Chelonia mydas) and hawksbill (Eretmochelys imbricata) turtles are known or likely to occur in this acreage release area. These marine turtles may feed or travel through the Ashmore and Cartier Islands region on breeding migrations.

Seasnakes

Critically endangered short-nosed (Aipysurus apraefrontalis) and leaf-scaled (Aipysurus foliosquama) seasnakes are likely to occur in Release Area AC14-1. The reefs of the Sahul Shelf provide important habitat for these critically endangered seasnakes. In addition, the leaf-scaled seasnake is endemic to the reefs in this region.

Elasmobranchs

The vulnerable and migratory whale shark has a Biologically Important Area for foraging within 20 km of Release Area AC14-1. Whale sharks are known to aggregate at Ningaloo Reef between March and July, with northern migration from Ningaloo to the Kimberley coast until the end of spring, along the 200 m isobath. Interaction with whale sharks in Release

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Area AC14-1 is more likely towards the end of the migration period.

The migratory giant manta ray (Manta birostris) is also likely to forage in the Biologically Important Area for whale sharks given both these species are filter feeders and feed upon plankton, krill and larvae. The migratory longfin mako (Isurus paucus) and shortfin mako (Isurus oxyrinchus) sharks are also likely to occur in Release Area AC14-1.

Other listed threatened and migratory species may also occur in this Release Area.

Example EPBC Act Requirements

This information is provided for illustrative purposes only and must not be solely relied upon by explorers when making commercial decisions.

Drilling of Exploration Wells

Drilling must be undertaken in accordance with an Environment Plan, including an Oil Spill Contingency Plan, accepted by the relevant authority and put in place prior to commencement of drilling.

Drilling must be undertaken in accordance with a Well Operations Management Plan that is accepted by the relevant authority and in place prior to the commencement of drilling.

Oil spill preparedness and response measures and equipment described in the referral must be in place prior to the proposed action commencing.

When using a Vertical Seismic Profiling (VSP) acoustic source:

o An Observation Zone of 3 km radius from the VSP acoustic source must be implemented.

o A Shut Down Zone of 500 m radius from the VSP acoustic source must be implemented.

o Suitably trained crew member must undertake visual observations for whales within the observation zone for at least 30 min before the commencement of the soft start procedure

o VSP source must be initiated at the lowest power setting, with a gradual ramp-up over a 20 min period

o While the VSP source is operating, maintain continuous visual observations for any whales. If whales are sighted within the observation zone, place acoustic source on standby. If sighted within shut down zone, shut down source completely.

Fishing Activities

Release Area AC14-1 is within the North West Slope Trawl Fishery, Western Tuna and Billfish Fishery, Western Skipjack Tuna and Southern Bluefin Tuna Fisheries ranges.

Historical AFMA logbook data for 2009 to 2013 indicates that no vessels reported operating in this Release Area. As fishing activity may vary from year to year, AFMA recommends successful applicants liaise with representatives of the above fishing interests at an early stage in planning operational activities.

Navigation

A large portion of Release Area AC14-1 lies in the Sahul Banks in the Timor Sea and borders the boundary of Australia’s Exclusive Economic Zone. Low volume commercial shipping traffic may be encountered centre of this Release Area.

Australia-Indonesia Maritime Boundaries

Australia and Indonesia have entered into a number of agreements and arrangements relating to the maritime area between Australia and Indonesia, including the 1971 Agreement Establishing Certain Seabed Boundaries (the 1971 Seabed Agreement) and the 1972 Agreement Establishing Certain Seabed Boundaries in the Area of the Timor and Arafura Seas, Supplementary to the Agreement of 18 May 1971 (the 1972 Seabed Agreement); and the 1997 Treaty Establishing an Exclusive Economic Zone and Certain Seabed Boundaries (the 1997 Perth Treaty).

Release Area AC14-1 abuts Australia’s seabed boundary with Indonesia under the 1972 Seabed Agreement and, to a large extent, lie in areas where Indonesia’s water column jurisdiction overlaps with Australia’s seabed jurisdiction under the 1997 Perth Treaty. While the 1997 Perth Treaty is not yet in force, the Australian Government acts in accordance with its provisions, including Article 7.

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. However, while it is not a requirement of the 1997 Perth Treaty to advise Indonesia three months prior to the release of offshore acreage areas; in the interests of transparency and good bilateral relations, Australia does notify Indonesia at the time of the of the annual Offshore Petroleum Acreage Release and again three months prior to the grant of any exploration title.

Advice to Indonesia is coordinated through the Department of Industry, the Department of Foreign Affairs and Trade and the Australian Embassy in Jakarta who deliver a third person note to the Indonesian Government.

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If exploration activity within these Release Areas involves the construction of an installation or structure, the 1997 Perth Treaty requires Australia to give Indonesia ‘due notice’. 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 which rests on, or is fixed or connected to, the seabed.

For further information on the Perth Treaty please contact:

Manager – Offshore Exploration SectionDepartment of IndustryGPO Box 1564Canberra ACT 2601Email: [email protected]

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Browse Basin – Northern Caswell Sub-basin

AC14-2 / AC14-3 / AC14-4

Environmental Protection

Commonwealth Marine Areas

Release Areas AC14-2, AC14-3 and AC14-4 are located approximately 16 km from the Cartier Island Commonwealth Marine Reserve and 58 km from the Ashmore Reef Commonwealth Marine Reserve.

The Cartier Island Marine Reserve is a Sanctuary Zone (IUCN Category Ia). The Ashmore Reef Commonwealth Marine Reserve has a Sanctuary Zone (IUCN Category Ia) and a Recreational Use Zone (IUCN Category II). These Release Areas are approximately 77 km from this zone. Mining operations (including oil and gas exploration, development and other activities) are not permitted in Sanctuary Zones.

The values of the Ashmore Reef Marine Commonwealth Reserve and/or Cartier Island Commonwealth Marine Reserve include:

International significance for its abundance and diversity of seasnakes;

Critical nesting and inter-nesting habitat for the vulnerable and migratory green turtle (Chelonia mydas), supporting one of three genetically distinct breeding populations in the North-west Marine Region;

Large and significant feeding populations of the green and hawksbill turtles (Eretmochelys imbricata) and the endangered and migratory loggerhead turtle (Caretta caretta);

Supports a small migratory Dugong (Dugong dugon) population that breeds and feeds around the reef, a population that is thought to be genetically distinct from other Australian populations;

Some of the most important seabird rookeries on the North West Shelf including colonies of boobies, terns and egrets;

Important staging points/feeding areas for many migratory seabirds;

Ecosystems, habitats and communities associated with the North West Shelf, Timor Province and emergent oceanic reefs; and

One Key Ecological Feature represented in this reserve.

Further information about this Commonwealth Marine Reserve and other Commonwealth Marine Reserves in the larger vicinity is located at: http://www.environment.gov.au/marinereserves/index.html

Key Ecological Features

The Cartier Island Commonwealth Marine Reserve overlaps the Ashmore Reef and Cartier Island and surrounding Commonwealth waters which is a Key Ecological Feature in the North-west Marine Region. The values of this feature include high productivity and aggregations of marine life, and high levels of endemism.

Release Areas AC14-3 and AC14-4 overlap the Continental Slope Demersal Fish Communities which is a Key Ecological Feature of the North-west marine region. The values of this feature include high endemism of fish communities and species diversity.

Release Areas AC14-2, AC14-3 and AC14-4 are also within 100 km of these Key Ecological Features:

Ancient Coastline at 125 m Depth Contour;

Ashmore Reef and Cartier Island and surrounding Commonwealth waters; and

Carbonate Bank and Terrace System of the Sahul Shelf.

Biologically Important Areas

These Release Areas overlap with Biologically Important Areas for:

Elasmobranchs: vulnerable and migratory whale shark (Rhincodon typus); and

Birds: migratory greater frigatebird (Fregata minor), lesser frigatebird (Fregata ariel), red-footed booby (Sula sula), white-tailed tropicbird (Phaethon lepturus) and wedge-tailed shearwater (Puffinus pacificus).

Biologically Important Areas are particularly important for the conservation of protected species and where aggregations of individuals of a protected species display biologically important behaviour such as breeding, foraging, resting or migration. The presence of the observed behaviour is assumed to indicate that habitat required for the behaviour is also present. For current information on species behaviours and seasonality of species occurrence within Biologically Important Areas, refer to the Conservation Values Atlas at: http://www.environment.gov.au/coasts/marineplans/cva/index.html.

The Marine bioregional plan for the North-west Marine Region provides regional advice for proponents with respect to Biologically Important Areas and Key Ecological Features (see http://www.environment.gov.au/topics/marine/marine-bioregional-plans

Threatened and Migratory Species

A number of EPBC Act listed threatened and migratory species are found in or near these Release Areas. Activities planned for these Release Areas during biologically important times for listed threatened and migratory species are likely to be subject to close scrutiny under the EPBC Act.

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Cetaceans

Release Areas AC14-2, AC14-3 and AC14-4 are outside the biologically important migratory route of the endangered and migratory blue whale (Balaenoptera musculus). However, blue whales are known to migrate northward to the Timor Sea from April to August, before returning south in October through to December travelling along the 500 m to 1 000 m contour. Encounters in these acreage release areas are possible. Seismic activities should be planned in accordance with EPBC Act Policy Statement 2.1 – Interaction between offshore seismic exploration and whales (September 2008).

Marine Turtles

All six species of marine turtle that occur in Australian waters occur in these Release Areas. The endangered and migratory loggerhead (Caretta caretta), olive ridley (Lepidochelys olivacea) and leatherback (Dermochelys coriacea) turtles are likely to occur in these Release Areas. The vulnerable and migratory flatback (Natator depressus), hawksbill (Eretmochelys imbricate) and green (Chelonia mydas) turtles are known or likely to occur in these Release Areas. The green turtle has a Biologically Important Area for inter-nesting within 20 km of these Release Areas. These marine turtles may feed or travel through the Ashmore and Cartier Islands region on breeding migrations.

Elasmobranchs

The vulnerable and migratory whale shark has a Biologically Important Area for foraging overlapping these Release Areas. Whale sharks are known to aggregate at Ningaloo Reef between March and July, with northern migration from Ningaloo to the Kimberley coast until the end of spring, along the 200 m isobath. Interaction with whale sharks in these Release Areas is more likely towards the end of the migration period.

The migratory giant manta ray (Manta birostris) is also likely to forage in the Biologically Important Area for whale sharks given both these species are filter feeders and feed upon plankton, krill and larvae.

The migratory longfin mako (Isurus paucus) and shortfin mako (Isurus oxyrinchus) sharks are likely to occur in these Release Areas.

Migratory Birds

Five species of migratory birds have a Biologically Important Area for foraging overlapping these Release Areas; the greater frigatebird, lesser frigatebird, red-footed booby, white-tailed tropicbird and wedge-tailed shearwater. In addition, the vulnerable Australian lesser noddy (Anous tenuirostris melanops) is known to occur in these Release Areas. These species use Ashmore Reef to forage and breed at various times throughout the year. Foraging from Ashmore Reef can extend up to 500 km during the breeding season for some species. Dispersal during the non-breeding season can vary throughout the region.

Other listed threatened and migratory species may also occur in these Release Areas.

Ramsar Wetlands

These Release Areas are within 58 to 115 km of the Ashmore Reef National Nature Reserve, which is listed as a wetland of international importance (Ramsar listed wetland).

Ashmore Reef is the largest of only three atolls present within the north-eastern Indian Ocean, and is the only oceanic reef in the region with vegetated islands. The Reserve is comprised of numerous marine habitats and supports a regionally important and diverse range of species, including 47 species of migratory waterbirds. The Reserve has been recognised internationally for its high diversity and density of seasnakes, some of which are critically endangered. The Ramsar site is also home to the migratory dugong (Dugong dugon), highly diverse reef building corals and numerous endemic species of fish and other marine invertebrate fauna.

Heritage

The Ashmore Reef National Nature Reserve is also listed on the Commonwealth Heritage List. It is listed for its significance as a staging point for wading birds migrating between Australia and the northern hemisphere, its diversity of marine habitats and habitat for three species of seasnakes with restricted distribution.

The statement of significance and official values for this location are available through the Australian Heritage Database at: http://www.environment.gov.au/cgi-bin/ahdb/search.pl.

Any activities in these Release Areas, including seismic surveys, and activities with associated risk of hydrocarbon spills, are likely to be subject to close scrutiny under the EPBC Act.

Fishing Activities

These Release Areas are within the North West Slope Trawl Fishery, Western Tuna and Billfish Fishery, Western Skipjack Tuna and Southern Bluefin Tuna Fisheries ranges.

Historical AFMA logbook data for 2009 to 2013 indicates that the North West Slope Trawl Fishery has been active in the release areas AC14-2, AC14-3 and AC14-4.

Additional information on the distribution of fishing effort in the Northwest Slope Trawl Fishery can be found at:http://www.afma.gov.au/wp-content/uploads/2010/07/WDTF-and-NWSTF-harvest-strategy-review-2011.pdf

AFMA recommends successful applicants liaise with representatives of the above fishing interests at an early stage in planning operational activities.

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MOU Box – Traditional Indonesian Fishermen

Release Areas AC14-3 and AC14-4 are wholly or partially located in an area known as the ‘MOU Box’ and subject to the 1974 Australia-Indonesia Memorandum of Understanding regarding the Operations of Indonesian Traditional Fishermen in Areas of the Australian Exclusive Fishing Zone and Continental Shelf.

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 fisherman who conduct their operations in accordance with the MOU.

Traditional fishers can be found in any part of the dedicated MOU Box and in adjacent Australian waters where they may stray from time to time. Their vessels are likely to have “longlines” of 1-2 km long deployed, and diving is also known to occur. The traditional fishermen do not carry communication equipment and they are not known to use navigation lights or radar reflectors. The vessels are not motorised which limits their capacity to take evasive action. The hulls are timber and present poor radar targets.

Indonesian fishermen target some species that are sedentary, which are, at the harvestable stage, either immobile on or under the seabed or are unable to move except in constant physical contact with the seabed or the subsoil. This includes trochus, beche de mer, abalone, green snail, sponges and molluscs.

Based on these facts, caution is recommended when operating in these Release Areas.

Navigation

The Osborne Passage Preferred Route is located in the top north section of Release Area AC14-2 within graticular blocks 0556 and 0557 of the Brunswick Bay (SD51) Map Sheet. The Osborne Passage is subject to east-west commercial shipping traffic.

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RELEASE AREAS OFF WESTERN AUSTRALIAFishing Activities for All Areas Off Western Australia

The Western Australia Department of Fisheries (Department of Fisheries) provides the following advice in relation to Commonwealth waters off Western Australia.

The Department of Fisheries notes that the following commercial fisheries have reported fishing effort in the Release Areas within the past five years:

Kimberley Gillnet and Barramundi;

Kimberley Prawn, Broome Prawn and Onslow Prawn;

Pilbara Fish Trawl and Trap

Mackerel;

Marine Aquarium;

Northern Demersal Scalefish;

Specimen Shell;

Pearl Oyster;

Abalone; and

South Coast Purse Seine and Salmon.

Customary, recreational and charter fishing may also occur within the Release Areas. It is recommended that further consultation be undertaken with the Department of Fisheries, the Western Australia Fishing Industry Council, Australian Fisheries Management Authority and Recfishwest, and that potential bidders take note of the timing of regional recreational fishing seasons and tournaments.

Any future petroleum activity that occurs within the areas as a consequence of the exploration has the potential to impact on the aquatic environment and fishing activities. It is therefore expected that all due consultation will be carried out prior to commencement of any activities. Explorers should also note the biosecurity requirements for exploratory vessel movements at: http://www.fish.wa.gov.au/Sustainability-and-Environment/Aquatic-Biosecurity/Pages/default.aspx

Potential bidders should also take note of the Guidance Statement for the Oil and Gas Industry Consultation with the Department of Fisheries 2013.

Further advice can be found at: http://www.recfishwest.org.au/ and http://www.wafic.com.au/

Native Title

Native title is the recognition by Australian law that some Indigenous people have rights and interests to their land that come from their traditional laws and customs.

The native title rights and interests held by particular Indigenous people will depend on both their traditional laws and customs and what interests are held by others in the area concerned. Generally speaking, native title must give way to the rights held by others. The capacity of Australian law to recognise the rights and interests held under traditional law and custom will also be a factor.

Native title rights and interests may include rights to:

Live on the area; Access the area for traditional purposes, like

camping or to do ceremonies; Visit and protect important places and sites; Hunt, fish and gather food or traditional resources

like water, wood and ochre; and Teach law and custom on country.

In some cases, native title includes the right to possess and occupy an area to the exclusion of all others (often called ‘exclusive possession’). This includes the right to control access to, and use of, the area concerned. However, this right can only be recognised over certain parts of Australia, such as unallocated or vacant Crown land and some areas already held by, or for, Indigenous Australians.

Native title rights and interests differ from Indigenous land rights in that the source of land rights is a grant of title from government. The source of native title rights and interests is the system of traditional laws and customs of the native title holders themselves.

The Kimberley Land Council (KLC) is the representative body for a number of Release Areas across Northern Western Australia waters. The KLC emphasise the importance of recognising traditional owner groups as stakeholders, and in the event that the proposed release of acreage may affect their native title rights and interests, the traditional owners should be included in the consultation process prior to any works being carried out in the area.

Further information is available at: http://www.nntt.gov.au/News-and-Communications/Publications/Documents/Brochures/Native%20title%20an%20overview.pdf and http://www.ag.gov.au/LegalSystem/NativeTitle/Pages/default.aspx. The list of Representative Bodies is at: https://www.ntrb.net/PublicPages/NTRBmap.aspx

Bonaparte Basin – Petrel Sub-basin

W14-1

Environmental Protection

Commonwealth Marine Areas

Release Area W14-1 is approximately 14 km from Oceanic Shoals Commonwealth Marine Reserve, 22 km from the Kimberley Commonwealth Marine Reserve and 68 km from the Joseph Bonaparte Gulf Commonwealth Marine Reserve.

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The Oceanic Shoals Commonwealth Marine Reserve is a Multiple Use Zone (IUCN Category VI). The major conservation values of the Oceanic Shoals Commonwealth Marine Reserve include:

Important inter-nesting area for the vulnerable and migratory flatback (Natator depressus) and endangered and migratory olive ridley (Lepidochelys olivacea) turtles;

Important foraging area for the endangered and migratory olive ridley and loggerhead (Caretta caretta) turtles;

Examples of the ecosystems of the Northwest Shelf Transition Province and the Timor Transition Province; and

Four Key Ecological Features represented in this reserve.

The Kimberley Commonwealth Marine Reserve is a Multiple Use Zone (IUCN Category VI). The major conservation values of the Kimberley Commonwealth Marine Reserve include:

Important foraging areas for migratory seabirds and dugongs (Dugong dugon), dolphins and threatened and migratory marine turtles;

Important migration pathway and nursery areas for the vulnerable and migratory humpback whale (Megaptera novaeangliae);

Adjacent to important foraging and pupping areas for sawfish and important nesting sites for green (Chelonia mydas) turtle;

Protection for the communities and habitats of waters offshore of the Kimberley coastline ranging in depth from less than 15 m to 800 m;

Continental shelf, slope, plateau, pinnacle, terrace, banks and shoals and deep hole/valley seafloor features represented in this reserve;

Examples of the communities and seafloor habitats of the Northwest Shelf Transition Province and Timor Province provincial bioregions along with the Kimberley, Canning, Northwest Shelf and Oceanic Shoals meso-scale bioregions; and

Two Key Ecological Features represented in this reserve.

The Joseph Bonaparte Gulf Commonwealth Marine Reserve is a Multiple Use Zone (IUCN Category VI). The major conservation values of the Joseph Bonaparte Gulf Marine Reserve include:

Important foraging areas for the migratory Australian snubfin dolphin (Orcaella heinsohni), the endangered and migratory olive ridley turtle and vulnerable and migratory green turtle;

Examples of the shallow water ecosystems and communities of the Northwest Shelf Transition Province; and

One Key Ecological Feature represented in this reserve.

Further information about these and other Commonwealth Marine Reserves in the larger proximity is located at: http://www.environment.gov.au/topics/marine/marine-reserves.

Key Ecological Features

The Oceanic Shoals Commonwealth Marine Reserve overlaps with:

Carbonate Bank and Terrace System of the Van Diemen Rise;

Carbonate Bank and Terrace System of the Sahul Shelf;

Pinnacles of the Bonaparte Basin; and

Shelf break and slope of the Arafura Shelf

which are Key Ecological Features in the North and North-west Marine Regions. The values of these features include enhanced productivity and unique sea-floor features with ecological properties of regional significance.

The Kimberley Commonwealth Marine Reserve overlaps with:

Ancient Coastline at 125 m Depth Contour; and

Continental Slope Demersal Fish Communities

which are Key Ecological Features in the North-west Marine Region. The values of these areas include unique high levels of endemism, species diversity and a nutrient-rich environment.

The Joseph Bonaparte Gulf Commonwealth Marine Reserve overlaps the Carbonate Bank and Terrace System of the Sahul Shelf, which is a Key Ecological Feature in the North-west Marine Region. The values of this feature include enhanced productivity and biodiversity.

Release Area W14-1 overlaps the Carbonate Bank and Terrace system of the Sahul Shelf, which is a Key Ecological Feature in the North-west Marine Region.

Biologically Important Areas

Release Area W14-1 overlaps with Biologically Important Areas for the following species:

Marine turtles: endangered and migratory loggerhead and olive ridley turtles, and vulnerable and migratory green and flatback turtles; and

Birds: migratory lesser crested tern (Sterna bengalensis).

Release Area W14-1 is also within 20 km of Biologically Important Areas for the following species:

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Cetaceans: migratory Australian snubfin dolphin; and

Birds: migratory lesser frigatebird (Fregata ariel).

Biologically Important Areas are particularly important for the conservation of protected species and where aggregations of individuals of a protected species display biologically important behaviour such as breeding, foraging, resting or migration. The presence of the observed behaviour is assumed to indicate that habitat required for the behaviour is also present. For current information on species behaviours and seasonality of species occurrence within Biologically Important Areas, refer to the Conservation Values Atlas at: http://www.environment.gov.au/coasts/marineplans/cva/index.html.

The Marine bioregional plan for the North-west Marine Region and North Marine Region provides regional advice for proponents with respect to Biologically Important Areas and Key Ecological Features (see http://www.environment.gov.au/topics/marine/marine-bioregional-plans

Threatened and Migratory Species

A number of EPBC Act listed threatened and migratory species are found in or near Release Area W14-1. Activities planned for Release Area W14-1 during biologically important times for listed threatened and migratory species are likely to be subject to close scrutiny under the EPBC Act.

Cetaceans

The vulnerable and migratory humpback whale is unlikely to occur in Release Area W14-1 in high numbers. Humpback whales breed and calve along the Kimberley coast from the Lacepede Islands to north of Camden Sound. Humpback whales migrate south from August to November, and stop to rest in Exmouth Gulf, Shark Bay and adjacent areas. Seismic activities should be planned in accordance with EPBC Act Policy Statement 2.1 – Interaction between offshore seismic exploration and whales (September 2008).

The migratory Australian snubfin dolphin has a Biologically Important Area for breeding, calving, foraging and resting within 20 km of this acreage release area, all year round. In addition, the migratory spotted bottlenose dolphin (Megaptera novaeangliae) is likely to occur in this Release Area.

Marine Turtles

Four of the six species of marine turtle that occur in Australia waters have a Biologically Important Area for foraging overlapping the acreage release area. They are the endangered and migratory loggerhead and olive ridley turtles, and the vulnerable and migratory flatback and green turtles. In addition, the endangered and migratory leatherback (Dermochelys coriacea) turtle and the vulnerable and migratory hawksbill (Eretmochelys imbricata) turtle are also known or likely to occur in Release Area W14-1.

Crocodiles

The migratory saltwater crocodile (Crocodylus porosus) traverse the North Marine Region and is likely to occur in Release Area W14-1.

Elasmobranchs

The migratory longfin mako (Isurus paucus) and shortfin mako (Isurus oxyrinchus) sharks are likely to occur in W14-1.

Migratory Birds

The migratory lesser crested tern (Sterna bengalensis) has a Biologically Important Area for foraging and breeding overlapping Release Area W14-1. The migratory lesser frigatebird also has a Biologically Important Area for foraging within 20 km of this Release Area. In addition, the fork-tailed swift (Apus pacificus) is likely to occur in this Release Area.

Other listed threatened and migratory species may also occur in this Release Area.

Heritage

Release Area W14-1 borders the West Kimberly National Heritage place, which covers 19 200 000 ha including the Kimberley coast and islands. The West Kimberly National Heritage place is listed for its outstanding natural and cultural values. This includes ancient geology, biological richness, its rich and dynamic aboriginal culture, pastoral and pearling history and early European exploration.

The statement of significance and official values for these locations are available through the Australian Heritage Database at: http://www.environment.gov.au/cgi-bin/ahdb/search.pl. The statement of outstanding universal value for the West Kimberly National Heritage List can be found at: http://www.environment.gov.au/node/19706.

Any activities in this area, including seismic surveys, and activities with associated risk of hydrocarbon spills, are likely to be subject to close scrutiny under the EPBC Act.

Example EPBC Act Requirements

This information is provided for illustrative purposes only and must not be solely relied upon by explorers when making commercial decisions.

Seismic Survey

A 2 km low power zone must be implemented during all seismic operations to minimise impacts to whales;

Two dedicated Marine Mammal Observers (MMO) must be employed on board the seismic vessel for the duration of the survey. At least one MMO must be observing for whales on the seismic vessel during all daylight hours

o At night time or other times of low visibility, start-up of the acoustic source may be commenced provided that there have not been three or more blue whale

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instigated power down or shut down situations during the preceding 24 hr period.

o If the survey experience three or more blue whale shutdowns in a 24 hr period, seismic operations must not be undertaken thereafter at night time or during low visibility conditions until there has been a 24 hr period which included seismic operations during daylight hours and good visibility conditions during which there are no blue whale instigated shutdowns.

If the olive ridley turtle, green turtle or an unidentified marine turtle is observed within 500 m of the seismic source, a 500 m shutdown zone must be implemented in the same manner as per whales.

If the Australian snubfin dolphin or an unidentified dolphin is observed within 500 m of the seismic source, a 500 m shutdown zone must be implemented in the same manner as per whales.

Drilling of Exploration/Appraisal Wells

Drilling must be undertaken in accordance with an Environment Plan, including an Oil Spill Contingency Plan, accepted by the relevant authority and put in place prior to commencement of drilling.

Drilling must be undertaken in accordance with a Well Operations Management Plan that is accepted by the relevant authority and in place prior to the commencement of drilling.

Oil spill preparedness and response measures and equipment described in the referral must be in place prior to the proposed action commencing.

When using a Vertical Seismic Profiling (VSP) acoustic source:

o An Observation Zone of 3 km radius from the VSP acoustic source must be implemented.

o A Shut Down Zone of 500 m radius from the VSP acoustic source must be implemented.

o Suitably trained crew member must undertake visual observations for whales within the observation zone for at least 30 min before the commencement of the soft start procedure

o VSP source must be initiated at the lowest power setting, with a gradual ramp-up over a 20 min period

o While the VSP source is operating, must maintain continuous visual observations for any whales present. If whales are sighted within the observation zone, place acoustic source on standby. If whale sighted within shut down zone, shut down source completely.

Fishing Activities

AFMA advises that Release Area W14-1 is within the Northern Prawn Fishery, Western Tuna and Billfish, Western Skipjack Tuna and Southern Bluefin Tuna Fisheries ranges.

The Western Australian Government advises that this Release Area also intersects the Kimberley Gillnet and Barramundi Limited Entry, Kimberley Prawn, Mackerel, Marine Aquarium, Northern Demersal Scalefish, Specimen Shell and Pearl Oyster Fisheries ranges.

Historical AFMA logbook data for 2009 to 2013 indicates that the Northern Prawn Fishery has been very active in Release Area W14-1. It would be preferable if any petroleum exploration activities could be conducted outside the Northern Prawn Fishery seasons, which generally run from early March to mid-June and from mid-August to December.

Additional information on the distribution of fishing effort in the Northern Prawn Fishery (NPF) can be found in the NPF Data Summary 2012 at:http://www.afma.gov.au/wp-content/uploads/2010/06/NPF-Data-Summary-2012.pdf

As fishing activity may vary from year to year, AFMA recommends successful applicants liaise with representatives of the above fishing interests at an early stage in planning operational activities.

Navigation

Low volume coastal shipping traffic passes through Release Area W14-1 travelling between Darwin and Cape Londonderry. The vessel traffic patterns are generally in a north-easterly/south-westerly direction from between graticular blocks 1310 and 1382 of the Darwin (SD52) Map Sheet.

Browse Basin – Caswell Sub-basin

W14-2 / W14-3 / W14-4 / W14-5 / W14-23

Environmental Protection

Commonwealth Marine Areas

Release Areas W14-2, W14-3 and W14-23 are approximately 81 km from the Cartier Island Commonwealth Marine Reserve and 83 km from the Kimberley Commonwealth Marine Reserve.

The Cartier Island Commonwealth Marine Reserve is a Sanctuary Zone (IUCN Category Ia). Mining operations (including oil and gas exploration, development and other activities) are not permitted in Sanctuary Zones. The values of Cartier Island Commonwealth Marine Reserve include:

International significance for its abundance and diversity of seasnakes;

Critical nesting and inter-nesting habitat for the vulnerable and migratory green turtle (Chelonia mydas), supporting one of three genetically distinct breeding populations in the North-west Marine Region;

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Large and significant feeding populations of the green and hawksbill turtles (Eretmochelys imbricata) and the endangered and migratory loggerhead turtle (Caretta caretta);

Supports a small migratory dugong (Dugong dugon) population that breeds and feeds around the reef, a population that is thought to be genetically distinct from other Australian populations;

Some of the most important seabird rookeries on the North West Shelf including colonies of boobies, terns and egrets;

Important staging points/feeding areas for many migratory seabirds;

Ecosystems, habitats and communities associated with the North West Shelf, Timor Province and emergent oceanic reefs; and

One Key Ecological Feature represented in this reserve.

The Kimberley Commonwealth Marine Reserve is a Multiple Use Zone (IUCN Category VI). The major conservation values of the Kimberley Commonwealth Marine Reserve include:

Important foraging areas for migratory seabirds and dugongs (Dugong dugon), dolphins and threatened and migratory marine turtles;

Important migration pathway and nursery areas for the vulnerable and migratory humpback whale (Megaptera novaeangliae);

Adjacent to important foraging and pupping areas for sawfish and important nesting sites for green (Chelonia mydas) turtle;

Protection for the communities and habitats of waters offshore of the Kimberley coastline ranging in depth from less than 15 m to 800 m;

Continental shelf, slope, plateau, pinnacle, terrace, banks and shoals and deep hole/valley seafloor features represented in this reserve;

Examples of the communities and seafloor habitats of the Northwest Shelf Transition Province and Timor Province provincial bioregions along with the Kimberley, Canning, Northwest Shelf and Oceanic Shoals meso-scale bioregions; and

Two Key Ecological Features represented in this reserve.

Release Areas W14-4 and W14-5 are not within 100 km of any Commonwealth Marine Reserve, however proponents should note that Commonwealth Marine Reserves in the larger vicinity may also be impacted by petroleum industry activities.

Further information about these and other Commonwealth Marine Reserves in the larger proximity is located at: http://www.environment.gov.au/topics/marine/marine-reserves.

Key Ecological Features

The Cartier Island Commonwealth Marine Reserve overlaps the Ashmore Reef and Cartier Island and surrounding Commonwealth waters Key Ecological Feature in the North-west Marine Region. The values of this feature include high productivity and aggregations of marine life, and high levels of endemism.

The Kimberley Commonwealth Marine Reserve overlaps the ancient coastline at 125 m depth contour and the Continental Slope Demersal Fish Communities, which are Key Ecological Features in the North west Marine Regions. The values of these features include unique sea-floor features with ecological properties of regional significance and high levels of endemism.

Release Areas W14-2, W14-3, W14-4, W14-5 and W14-23 overlap with the Continental Slope Demersal Fish Communities. The values of this feature include high endemism of fish communities and species diversity.

Release Area W14-2 also overlaps the Ancient Coastline at 125 m depth contour. Both of these are Key Ecological Features in the North-west Marine Region.

Biologically Important Areas

Release Areas W14-2, W14-3 and W14-23 overlap with Biologically Important Area for the vulnerable and migratory whale shark (Rhincodon typus).

Biologically Important Areas are particularly important for the conservation of protected species and where aggregations of individuals of a protected species display biologically important behaviour such as breeding, foraging, resting or migration. The presence of the observed behaviour is assumed to indicate that habitat required for the behaviour is also present. For current information on species behaviours and seasonality of species occurrence within Biologically Important Areas, refer to the Conservation Values Atlas at: http://www.environment.gov.au/coasts/marineplans/cva/index.html.

The Marine bioregional plan for the North-west Marine Region provides regional advice for proponents with respect to Biologically Important Areas and Key Ecological Features (see http://www.environment.gov.au/topics/marine/marine-bioregional-plans

Threatened and Migratory Species

A number of EPBC Act listed threatened and migratory species are found in or near the Release Areas. Activities planned for these Release Areas during biologically important

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times for listed threatened and migratory species are likely to be subject to close scrutiny under the EPBC Act.

Cetaceans

While these Release Areas are not within any known main migration pathways or aggregation areas, cetaceans may be present in the general area.

Seismic activities should continue to be planned in accordance with EPBC Act Policy Statement 2.1 – Interaction between offshore seismic exploration and whales (September 2008).

Marine turtles

All six species of marine turtle that occur in Australian waters are likely to occur in these Release Areas. They are the endangered and migratory loggerhead, olive ridley (Lepidochelys olivacea) and leatherback (Dermochelys coriacea) turtles and the vulnerable and migratory flatback (Natator depressus), green and hawksbill turtles.

Elasmobranchs

The vulnerable and migratory whale shark has a Biologically Important Area for foraging overlapping Release Areas W14-2, W14-3 and W14-23. Whale sharks are known to aggregate at Ningaloo Reef between March and July, with northern migration from Ningaloo to the Kimberley coast until the end of spring, along the 200 m isobath. Interaction with whale sharks in these Release Areas is more likely towards the end of the migration period.

The migratory longfin mako (Isurus paucus) and shortfin mako (Isurus oxyrinchus) sharks are likely to occur in Release Areas W14-2, W14-3, W14-4, W14-5 and W14-23.

Other listed threatened and migratory species may also occur in these Release Areas.

Example EPBC Act Requirements

This information is provided for illustrative purposes only and must not be solely relied upon by explorers when making commercial decisions.

Seismic Survey

A 2 km low power zone must be implemented during all seismic operations to minimise impacts to whales;

Two dedicated Marine Mammal Observers (MMO) must be employed on board the seismic vessel for the duration of the survey. At least one MMO must be observing for whales on the seismic vessel during all daylight hours;

o At night time or other times of low visibility, start-up of the acoustic source may be commenced provided that there have not been three or more blue whale instigated power down or shut down situations during the preceding 24 hr period.

o If the survey experience three or more blue whale shutdowns in a 24 hr period, seismic operations must not be undertaken thereafter at night time or during low visibility conditions until there has been a 24 hr period which included seismic operations during daylight hours and good visibility conditions during which there are no blue whale instigated shutdowns.

Between 1 July–31 Oct, seismic source must not be discharged in waters less than 200 m in depth.

Refuelling of the seismic vessel and any support vessels must not be undertaken within a distance of 25 km of any emergent land or shallow water features (20 m or less).

Any waste or bilge water must be discharged greater than 3 nautical miles from the outer boundaries of Scott Reef and Seringapatam Reef.

Untreated sewage must be discharged greater than 12 nautical miles from the outer boundaries of Scott Reef and Seringapatam Reef.

Ballast water exchange must occur greater than 12 nautical miles from the outer boundaries of Scott Reef and Seringapatam Reef.

Bathymetry and Geochemical Seabed Sampling

A low power zone must be implemented during the use of sub-bottom profiling systems to minimise impacts to whales.

One dedicated Marine Fauna Observer must be employed on board the sub-bottom profiling vessel for the duration of the survey, for blue whale, whale shark and unidentified whales during daylight hours.

If whale sharks observed within 500 m of sub-bottom profiling sources, a 500 m shutdown zone must be implemented.

Refuelling must not take place within 12 nautical miles of the outer boundaries of Ashmore Reef or Cartier Island, or if it does, within completely bunded areas.

Sewage, waste or bilge water not to be discharged within 12 nautical miles of the nearest land.

Ballast water exchange must occur at least 12 nautical miles from the nearest land.

Drilling of Exploration Wells

Drilling must be undertaken in accordance with an Environment Plan, including an Oil Spill Contingency Plan, accepted by the relevant authority and put in place prior to commencement of drilling.

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Drilling must be undertaken in accordance with a Well Operations Management Plan that is accepted by the relevant authority and in place prior to the commencement of drilling.

Oil spill preparedness and response measures and equipment described in the referral must be in place prior to the proposed action commencing.

When using a Vertical Seismic Profiling (VSP) acoustic source:

o Suitably trained crew member must undertake visual observations for whales within the observation zone for at least 30 min before the commencement of the soft start procedure.

o VSP source must be initiated at the lowest power setting with a gradual ramp-up over a 20 min period.

o While the VSP source is operating, must maintain continuous visual observations for any whales present. If whales are sighted within the observation zone – place acoustic source on standby. If whale sighted within shut down zone –shut down source completely.

During periods of low visibility including night-time, VSP source may be used provided that during the preceding 24 hr period there have not been three or more whale instigated shut-downs, and a 2 hr period of continual observations was undertaken in good visibility and no whales had been sighted.

Fishing Activities

AFMA advises that these Release Areas are within the North West Slope Trawl Fishery, Western Tuna and Billfish Fishery, Western Skipjack Tuna and Southern Bluefin Tuna Fisheries ranges. Release Area W14-2 also overlaps with the Northern Prawn Fishery area. The Western Australian Government advises that these Release Areas are also within the Broome Prawn, Kimberley Prawn, Mackerel, Marine Aquarium, Northern Demersal Scalefish, Specimen Shell and Pearl Oyster Fisheries ranges.

Historical AFMA logbook data for 2009 to 2013 indicates that the Northern Prawn Fishery has been active in Release Area W14-2. It would be preferable if any petroleum exploration activities could be conducted outside the Northern Prawn Fishery seasons, which generally run from early March to mid-June and from mid-August to December.

Additional information on the distribution of fishing effort in the Northern Prawn Fishery (NPF) can be found in the NPF Data Summary 2012 at:http://www.afma.gov.au/wp-content/uploads/2010/06/NPF-Data-Summary-2012.pdf

AFMA recommends successful applicants liaise with representatives of the above fishing interests at an early stage in planning operational activities.

MOU Box – Traditional Indonesian Fishermen

Release Areas W14-2, W14-3, W14-4, W14-5 and W14-23 are wholly or partially located in an area known as the ‘MOU Box’ and subject to the 1974 Australia-Indonesia Memorandum of Understanding regarding the Operations of Indonesian Traditional Fishermen in Areas of the Australian Exclusive Fishing Zone and Continental Shelf.

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 fisherman who conduct their operations in accordance with the MOU.

Traditional fishers can be found in any part of the dedicated MOU Box and in adjacent Australian waters where they may stray from time to time. Their vessels are likely to have “longlines” of 1-2 km long deployed, and diving is also known to occur. The traditional fishermen do not carry communication equipment and they are not known to use navigation lights or radar reflectors. The vessels are not motorised which limits their capacity to take evasive action. The hulls are timber and present poor radar targets.

Indonesian fishermen target some species that are sedentary, which are, at the harvestable stage, either immobile on or under the seabed or are unable to move except in constant physical contact with the seabed or the subsoil. This includes trochus, beche de mer, abalone, green snail, sponges and molluscs.

Based on these facts, caution is recommended when operating in these Release Areas.

Navigation

Significant through shipping traffic will be encountered travelling north/south through the Release Area. Relatively low volume shipping traffic are likely to be encountered in Release Area W14-23.

When planning operations in these Release Areas, proponents are requested to contact the Nautical and Regulation Section of AMSA with a view to obtaining traffic data and to discuss collision prevention measures.

Northern Carnarvon Basin – Rankin Platform

W14-6 / W14-7 / W14-20

Environmental Protection

Commonwealth Marine Areas

Release Areas W14-6 and W14-7 are approximately 9 km from the Montebello Commonwealth Marine Reserve. Release Area W14-20 overlaps the Montebello

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Commonwealth Marine Reserve. The reserve is a Multiple Use Zone (IUCN Category VI). The major conservation values of this Commonwealth Marine Reserve include:

Foraging areas for the vulnerable and migratory whale shark (Rhincodon typus);

Foraging areas adjacent to important breeding areas for migratory seabirds and important nesting sites for marine turtles;

Part of the migratory pathway of the vulnerable and migratory humpback whale (Megaptera novaeangliae);

Shallow shelf environments with depths ranging from 15 m to 150 m and provides protection for shelf and slope habitats, as well as pinnacle and terrace seafloor features;

Examples of the seafloor habitats and communities of the Northwest Shelf Province;

Wreck of the ‘Trial’ heritage feature;

Provincial bioregions as well as the Pilbara (offshore) meso-scale bioregion; and

One Key Ecological Feature represented in this reserve.

Further information about this and other Commonwealth Marine Reserves in the larger proximity is located at: http://www.environment.gov.au/topics/marine/marine-reserves.

Key Ecological Features

The Montebello Commonwealth Marine Reserve and Release Areas W14-7 and W14-20 overlap the Ancient coastline at 125 m depth contour which is a Key Ecological Feature in the North-west Marine Region. The values of this feature include unique sea-floor features with enhanced biological productivity.

Biologically Important Areas

Release Areas W14-6, W14-7 and W14-20 overlap with Biologically Important Areas for the following species:

Cetaceans: vulnerable and migratory humpback whale;

Elasmobranchs: vulnerable and migratory whale shark;

Marine turtles: endangered and migratory loggerhead (Caretta caretta) turtle and vulnerable and migratory green (Chelonia mydas), hawksbill (Eretmochelys imbricata) and flatback (Natator depressus) turtles; and

Birds: migratory wedge-tailed shearwater (Puffinus pacificus), lesser crested tern (Sterna bengalensis) and fairy tern (Sterna nereis).

Release Area W14-20 is within 20 km of Biologically Important Areas for the migratory roseate tern (Sterna dougallii).

Biologically Important Areas are particularly important for the conservation of protected species and where aggregations of individuals of a protected species display biologically important behaviour such as breeding, foraging, resting or migration. The presence of the observed behaviour is assumed to indicate that habitat required for the behaviour is also present. For current information on species behaviours and seasonality of species occurrence within Biologically Important Areas, refer to the Conservation Values Atlas at: http://www.environment.gov.au/coasts/marineplans/cva/index.html.

The Marine bioregional plan for the North-west Marine Region provides regional advice for proponents with respect to Biologically Important Areas and Key Ecological Features (see http://www.environment.gov.au/topics/marine/marine-bioregional-plans/north-west).

Threatened and Migratory Species

A number of EPBC Act listed threatened and migratory species are found in or near these Release Areas. Activities planned for the Release Areas during biologically important times for listed threatened and migratory species are likely to be subject to close scrutiny under the EPBC Act.

Cetaceans

Release Areas W14-6 and W14-7 are adjacent to migration pathways for humpback whales and pygmy blue whales (Balaenoptera musculus). Pygmy blue whales may be encountered between April and December and humpback whales between June and November.

The migratory spotted bottlenose dolphin (Tursiops aduncus) is likely to occur in Release Area W14-20. The Marine bioregional plan for the North Marine Region indicates that bottlenose dolphins tend to occur in deeper, more open coastal waters and tend to forage across a wider range of habitats.

Seismic activities should be planned in accordance with EPBC Act Policy Statement 2.1 – Interaction between offshore seismic exploration and whales (September 2008).

Marine turtles

Five of the six species of marine turtle that occur in Australia waters are likely or known to occur in Release Areas W14-6 and W14-7. Four of these species have a Biologically Important Area for foraging, interesting, mating, breeding and aggregation overlapping Release Area W14-20. They are the endangered and migratory loggerhead (Caretta caretta) and leatherback (Dermochelys coriacea) turtles and the vulnerable and migratory green (Chelonia mydas) and hawksbill (Eretmochelys imbricata) and flatback turtles.

The vulnerable and migratory flatback turtle also has a Biologically Important Area for internesting overlapping W14-7. In addition, the endangered and migratory leatherback (Dermochelys coriacea) turtle is likely to occur in W14-20.

Seasnakes

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The critically endangered short-nosed seasnake (Aipysurus apraefrontalis) is likely to occur in W14-20. Short-nosed seasnakes are endemic to the North-west Marine Region and have been recorded from Exmouth Gulf to the reefs of the Sahul Shelf.

Elasmobranchs

The vulnerable and migratory whale shark has a Biologically Important Area for foraging overlapping these Release Areas. Whale sharks are known aggregate at Ningaloo Reef between March and July, with northern migration from Ningaloo to the Kimberley coast until the end of spring, along the 200 m isobath. Proximity to the Ningaloo Reef aggregation increases the likelihood that interactions would occur as whale sharks arrive and depart from the Ningaloo aggregation.

The migratory longfin mako (Isurus paucus) and shortfin mako (Isurus oxyrinchus) sharks are likely to occur in Release Areas W14-6, W14-7 and W14-20.

Dugongs

The migratory dugong (Dugong dugon) is known to occur in Release Area W14-20. The Marine bioregional plan for the North-west Marine Region indicates that a large proportion of the world’s dugong population occurs in and adjacent to the North-west Marine Region. Dugongs are highly migratory and are capable of moving over relatively large distances.

Migratory Birds

The migratory wedge-tailed shearwater has a Biologically Important Area for foraging overlapping Release Areas W14-6, W14-7 and W14-20.

The lesser crested tern have Biologically Important Areas for foraging overlapping Release Area W14-20. The migratory fairy tern also has Biologically Important Areas for foraging and breeding overlapping Release Area W14-20. The migratory roseate tern also has a Biologically Important Area for foraging within 20 km of W14-20. In addition, the fork-tailed swift (Apus pacificus) is likely to occur in W14-20.

Other listed threatened and migratory species may also occur in these Release Areas.

Example EPBC Act Requirements

This information is provided for illustrative purposes only and must not be solely relied upon by explorers when making commercial decisions.

Seismic Survey

A 2 km low power zone must be implemented during all seismic operations to minimise impacts to whales;

Two dedicated Marine Mammal Observers (MMO) must be employed on board the seismic vessel for the duration of the survey. At least one MMO must be observing for whales on the seismic vessel during all daylight hours

o At night time or other times of low visibility, start-up of the acoustic source may be commenced provided that there have not been three or more blue whale instigated power down or shut down situations during the preceding 24 hr period.

o If the survey experience three or more blue whale shutdowns in a 24 hr period, seismic operations must not be undertaken thereafter at night time or during low visibility conditions until there has been a 24 hr period which included seismic operations during daylight hours and good visibility conditions during which there are no blue whale instigated shutdowns.

Fishing Activities

AFMA advises that these Release Areas are within the North West Slope Trawl Fishery, Western Tuna and Billfish Fishery, Western Skipjack Tuna and Southern Bluefin Tuna Fisheries ranges. The Western Australian Government advises that these Release Areas are within the Mackerel, Marine Aquarium, Onslow Prawn Limited Entry, Pilbara Trawl and Trap, Specimen Shell and Pearl Oyster Fisheries ranges.

Historical AFMA logbook data for 2009 to 2013 indicates that the North West Slope Trawl Fishery has been very active in the Release Areas.

Additional information on the distribution of fishing effort in the Northwest Slope Trawl Fishery can be found at:http://www.afma.gov.au/wp-content/uploads/2010/07/WDTF-and-NWSTF-harvest-strategy-review-2011.pdf

AFMA recommends successful applicants liaise with representatives of the above fishing interests at an early stage in planning operational activities.

Navigation

The southern part of Release Area W14-6 crosses the northern-most section of the chartered Shipping Fairway that leads to and from Barrow Island. Significant through shipping traffic will be encountered travelling north/south through the Release Area. Release Area W14-7 is situated between two Shipping Fairways. Low volume shipping traffic will be encountered on these routes.

When planning operations in these Release Areas, proponents are requested to contact the Nautical and Regulation Section of AMSA with a view to obtaining traffic data and to discuss collision prevention measures.

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Northern Carnarvon Basin – Exmouth Plateau

W14-8 / W14-9 / W14-10 / W14-11 / W14-12 / W14-13 / W14-22

Defence

Release Area W14-13 lies within the Learmonth Overwater Missile Firing Range. This area is approved for live weapons firing, including high explosive weapons and the safety of infrastructure cannot be guaranteed. Applicants are advised that this area is used regularly, and Defence Force exercise schedules are variable and may change at short notice.

When activated by a Notice to Airmen (NOTAM), the restricted airspace can operate down to sea level. Successful applicants will need to liaise with Defence during the planning phase of operations, and provide information on the proposed location of any drilling rigs for inclusion in the register of structures database that is maintained by the Royal Australian Air Force (RAAF) Aeronautical Information Service (AIS).

Successful applicants should also note that, as the areas are used for live firings, unexploded ordnance (UXO) may exist on the sea floor. This carries with it an associated risk of detonation, which will be borne by the applicants. Applicants should recognise that Defence takes no responsibility for reporting the location and type of ordnance dropped in the areas, for identification or removal of any UXO, or for any damage sustained to equipment in the unlikely event of UXO detonation. As such, the Australian Government provides no guarantee or indemnity to titleholders or others with regard to the safety or whereabouts of UXO in such areas.

Successful applicants will need to liaise closely with the RAAF and Royal Australian Navy (RAN) on timing and location of any proposed exploration activities or permanent structures during the planning phase.

Access to Defence Practice Areas (DPA) and Military Exercise Areas (MEA) may be restricted with all sea and aircraft possibly being ordered to evacuate the DPA/MEA at short notice.

The Australian Defence Force Airspace Cell requires notification, prior to commencement, of any exploration works, including positions and dimensions (lateral and vertical) of associated infrastructure and permanent infrastructure development, to be undertaken in areas which lie within Defence Restricted Airspace. Details of routes of any associated helicopter support operations are also requested.

The points of contact for Defence activities are set out above in the Notices for All Areas.

Environmental Protection

Commonwealth Marine Areas

Release Areas W14-8 and W14-9 are not in close proximity to any Commonwealth Marine Reserves, however proponents should note that Commonwealth Marine Reserves in the larger vicinity may be impacted by petroleum industry activities. Information about Commonwealth Marine Reserves in the larger vicinity is located at: http://www.environment.gov.au/marinereserves/index.html

Release Areas W14-10, W14-11 and W14-12 are approximately 22 km from the Gascoyne Commonwealth Marine Reserve. The reserve is a Multiple Use Zone (IUCN Category VI).

Release Area W14-13 overlaps with the Gascoyne Commonwealth Marine Reserve and is 85 km from Ningaloo Commonwealth Marine Reserve.

Release Area W14-22 is approximately 53 km from the Gascoyne Commonwealth Marine Reserve.

The major conservation values of the Gascoyne Commonwealth Marine Reserve include:

Important foraging areas for migratory seabirds, the vulnerable and migratory whale shark (Rhincodon typus) and vulnerable and migratory hawksbill (Eretmochelys imbricata) and flatback (Natator depressus) turtles;

Examples of the ecosystems of the Central Western Shelf Transition, the Central Western Transition, the Northwest Province and the Ningaloo meso-scale bioregion; and

Three Key Ecological Features represented in this reserve.

The Ningaloo Commonwealth Marine Reserve is a Recreational Use Zone (IUCN Category II). Mining operations (including oil and gas exploration, development and other activities) are not permitted in Recreational Use Zones. The major conservation values of the Commonwealth Marine Reserve include:

Foraging areas for the vulnerable and migratory whale shark;

Foraging areas and adjacent to important nesting sites for marine turtles and foraging and important breeding areas for migratory seabirds;

Part of the migratory pathway of the vulnerable and migratory humpback whale (Megaptera novaeangliae);

Includes shallow shelf environments with depths ranging from 15 m to 150 m and provides protection for shelf and slope habitats, as well as pinnacle and terrace sea-floor features;

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Examples of the seafloor habitats and communities of the Central Western Shelf Transition; and

Part of the Ningaloo Coast World Heritage Area.

Further information about this and other Commonwealth Marine Reserves in the larger proximity is located at: http://www.environment.gov.au/topics/marine/marine-reserves.

Key Ecological Features

The Gascoyne Commonwealth Marine Reserve overlaps the:

Canyons linking the Cuvier Abyssal Plain and the Cape Range Peninsula;

Continental Slope Demersal Fish Communities; and

Exmouth Plateau

which are Key Ecological Features in the North-west Marine Region. The values of these features include unique sea-floor features, enhanced productivity, high levels of endemism and species diversity.

Release Areas W14-8, W14-9, W14-10, W14-11, W14-12 and W14-13 overlap with the Exmouth Plateau which is a Key Ecological Feature in the North-west Marine Region. The values of this feature include unique sea-floor features with ecological properties of regional significance.

Biologically Important Areas

Release Area W14-13 is within 20 km of Biologically Important Area for the migratory wedge-tailed shearwater (Puffinus pacificus).

Biologically Important Areas are particularly important for the conservation of protected species and where aggregations of individuals of a protected species display biologically important behaviour such as breeding, foraging, resting or migration. The presence of the observed behaviour is assumed to indicate that habitat required for the behaviour is also present. For current information on species behaviours and seasonality of species occurrence within Biologically Important Areas, refer to the Conservation Values Atlas at: http://www.environment.gov.au/coasts/marineplans/cva/index.html.

The Marine bioregional plan for the North-west Marine Region provides regional advice for proponents with respect to Biologically Important Areas and Key Ecological Features (see http://www.environment.gov.au/topics/marine/marine-bioregional-plans/north-west).

Threatened and Migratory Species

A number of EPBC Act listed threatened and migratory species are found in or near the Release Areas. Activities planned for these Release Areas during biologically important times for listed threatened and migratory species are likely to be subject to close scrutiny under the EPBC Act.

Cetaceans

While these Release Areas are not within any known main migration pathways or aggregation areas, cetaceans may be present in the general area. Seismic activities should continue to be planned in accordance with EPBC Act Policy Statement 2.1 – Interaction between offshore seismic exploration and whales (September 2008).

Marine turtles

Five of the six species of marine turtle that occur in Australia waters are likely to occur in Release Areas W14-8, W14-9, W14-10, W14-11, W14-12 and W14-13. They are the endangered and migratory loggerhead (Caretta caretta) and leatherback (Dermochelys coriacea) turtles and the vulnerable and migratory flatback (Natator depressus), green (Chelonia mydas) and hawksbill (Eretmochelys imbricata) turtles.

Migratory birds

The migratory wedge-tailed shearwater has a Biologically Important Area for foraging within 20 km of W14-13.

Elasmobranchs

The migratory longfin mako (Isurus paucus) and shortfin mako (Isurus oxyrinchus) sharks are likely to occur in Release Areas W14-8, W14-9, W14-10, W14-11, W14-12, W14-13 and W14-22.

Other listed threatened and migratory species may also occur in these Release Areas.

Heritage

Release Area W14-13 is within 90 km from the World Heritage Area and National Heritage List place ‘The Ningaloo Coast’. The Ningaloo Coast is listed for its outstanding biological diversity and aesthetic values. Locations within this property are also listed on the Commonwealth Heritage List as the ‘Ningaloo Marine Area – Commonwealth Waters’. The statement of significance and official values for these locations are available through the Australian Heritage Database at: http://www.environment.gov.au/cgi-bin/ahdb/search.pl.

The property is listed for both terrestrial and marine values, including reef aesthetics, vulnerable and migratory whale shark aggregation, marine ecosystem diversity and marine turtle diversity. The statement of outstanding universal value for the Ningaloo Coast World Heritage Area can be found at: http://www.environment.gov.au/heritage/places/world/ningaloo/values.html.

The proximity of W14-13 to the Ningaloo Coast, with its abundance of marine species included in both the World and National heritage listings, means there could be impacts to heritage values during migration, aggregation and nesting periods for these species, even if the impacts originate from, or occur to mobile species, outside the boundary of the World and National Heritage Areas. Similarly the aesthetic values

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component of the World Heritage Area could potentially be impacted from outside the heritage area itself.

Any activities in this area, including seismic surveys, and activities with associated risk of hydrocarbon spills, are likely to be subject to close scrutiny under the EPBC Act.

Fishing Activities

AFMA advises that these Release Areas are within the North West Slope Trawl Fishery, Western Deepwater Trawl Fishery, Western Tuna and Billfish Fishery, Skipjack Tuna and Southern Bluefin Tuna Fisheries ranges. The Western Australian Government advises that these Release Areas are within the Mackerel and Pearl Oyster Fisheries ranges.

Historical AFMA logbook data for 2009 to 2013 indicates that no vessels reported operating in the Release Areas.

As fishing activity may vary from year to year, AFMA recommends successful applicants liaise with representatives of the above fishing interests at an early stage in planning operational activities

Navigation

Moderate volume shipping traffic will be encountered within Release Areas W14-10, W14-11 and W14-12 travelling in a north/south direction along the west coast of Western Australia and through Lombok in Indonesia.

Release Area W14-13 crosses a chartered Shipping Fairway. Significant international commercial shipping traffic will be encountered on this route travelling in a north/south direction along the west coast of Western Australia and through Lombok in Indonesia.

Release Area W14-22 is situated between two Shipping Fairways. Low volume local shipping traffic will be encountered on these routes.

When planning operations in these Release Areas, proponents are requested to contact the Nautical and Regulation Section of AMSA with a view to obtaining traffic data and discussing collision prevention measures.

Northern Carnarvon Basin – Barrow Sub-basin

W14-14 / W14-15 / W14-16 / W14-21

Environmental Protection

Commonwealth Marine Areas

Release Areas W14-14 and W14-15 overlap the Montebello Commonwealth Marine Reserve. Release Areas W14-16 and W14-21 are approximately 46 km from the Montebello Commonwealth Marine Reserve. The reserve is a Multiple Use Zone (IUCN Category VI).

The major conservation values of the Montebello Commonwealth Marine Reserve include:

Foraging areas for the vulnerable and migratory whale shark (Rhincodon typus);

Foraging areas adjacent to important breeding areas for migratory seabirds and important nesting sites for marine turtles;

Part of the migratory pathway of the vulnerable and migratory humpback whale (Megaptera novaeangliae);

Shallow shelf environments with depths ranging from 15 m to 150 m and provides protection for shelf and slope habitats, as well as pinnacle and terrace seafloor features;

Examples of the seafloor habitats and communities of the Northwest Shelf Province;

Provincial bioregions and the Pilbara (offshore) meso-scale bioregion; and

One Key Ecological Feature represented in this reserve.

Further information about this and other Commonwealth Marine Reserves in the larger proximity is located at: http://www.environment.gov.au/topics/marine/marine-reserves.

Key Ecological Features

The Montebello Commonwealth Marine Reserve and Release Areas W14-16 and W14-21 overlap the Ancient coastline at 125 m depth contour which is a Key Ecological Feature in the North-west Marine Region. The values of this feature include unique sea-floor features with enhanced biological productivity.

Biologically Important Areas

Release Areas W14-14, W14-15, W14-16 and W14-21 overlap with Biologically Important Areas for the following species:

Cetaceans: vulnerable and migratory humpback whale;

Elasmobranchs: vulnerable and migratory whale shark;

Marine turtles: endangered and migratory loggerhead (Caretta caretta) turtle and vulnerable and migratory green (Chelonia mydas), hawksbill (Eretmochelys imbricata) and flatback (Natator depressus) turtles; and

Birds: migratory wedge-tailed shearwater (Puffinus pacificus), lesser crested tern (Sterna bengalensis) and fairy tern (Sterna nereis).

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Release Areas W14-14, W14-15, W14-16 and W14-21 are within 20 km of Biologically Important Areas for:

Marine turtles: vulnerable and migratory hawksbill (Eretmochelys imbricata) turtle; and

Birds: migratory lesser crested tern (Sterna bengalensis) and roseate tern (Sterna dougallii).

Biologically Important Areas are particularly important for the conservation of protected species and where aggregations of individuals of a protected species display biologically important behaviour such as breeding, foraging, resting or migration. The presence of the observed behaviour is assumed to indicate that habitat required for the behaviour is also present. For current information on species behaviours and seasonality of species occurrence within Biologically Important Areas, refer to the Conservation Values Atlas at: http://www.environment.gov.au/coasts/marineplans/cva/index.html.

The Marine bioregional plan for the North-west Marine Region provides regional advice for proponents with respect to Biologically Important Areas and Key Ecological Features (see http://www.environment.gov.au/topics/marine/marine-bioregional-plans/north-west).

Threatened and Migratory Species

A number of EPBC Act listed threatened and migratory species are found in or near the Release Areas. Activities planned for these Release Areas during biologically important times for listed threatened and migratory species are likely to be subject to close scrutiny under the EPBC Act.

Cetaceans

Release Areas W14-14, W14-15, W14-16 and W14-21 are adjacent to migration pathways for humpback whales and pygmy blue whales (Balaenoptera musculus). Pygmy blue whales may be encountered between April and December and humpback whales between June and November. The North-west Marine Region is particularly important for the Western Australian population of humpback whales as they migrate north through this region around June to July each year. Humpback whales then breed and calve along the Kimberley coast from the Lacepede Islands to north of Camden Sound. Humpback whales migrate south from August to November, and stop to rest in Exmouth Gulf, Shark Bay and adjacent areas.

The migratory spotted bottlenose dolphin (Tursiops aduncus) is likely to occur in W14-14 and W14-15. The Marine bioregional plan for the North Marine Region indicates that bottlenose dolphins tend to occur in deeper, more open coastal waters and tend to forage across a wider range of habitats.

Seismic activities should be planned in accordance with EPBC Act Policy Statement 2.1 – Interaction between offshore seismic exploration and whales (September 2008).

Marine turtles

Four of the six species of marine turtle that occur in Australia waters have a Biologically Important Area for foraging,inter-nesting, mating, breeding and aggregation overlapping W14-14 and W14-15. They are the endangered and migratory loggerhead turtle and the vulnerable and migratory green, hawksbill and flatback turtles. In addition, the endangered and migratory leatherback (Dermochelys coriacea) turtle is likely to occur in Release Areas W14-14 and W14-15.

Five of the six species of marine turtle that occur in Australia waters are known or likely to occur in Release Areas W14-16 and W14-21. They are the endangered and migratory loggerhead (Caretta caretta) and leatherback (Dermochelys coriacea) turtles and the vulnerable and migratory green (Chelonia mydas), hawksbill and flatback turtles.

The vulnerable and migratory flatback turtle has a Biologically Important Area for inter-nesting overlapping W14-16 and W14-21. In addition, the vulnerable and migratory hawksbill turtle has a Biologically Important Area for inter-nesting within 20 km of W14-16 and W14-21.

Seasnakes

The critically endangered short-nosed seasnake (Aipysurus apraefrontalis) is likely to occur in Release Areas W14-14 and W14-15. Short-nosed seasnakes are endemic to the North-west Marine Region and have been recorded from Exmouth Gulf to the reefs of the Sahul Shelf.

Elasmobranchs

The vulnerable and migratory whale shark has a Biologically Important Area for foraging overlapping these Release Areas. Whale sharks are known aggregate at Ningaloo Reef between March and July, with northern migration from Ningaloo to the Kimberley coast until the end of spring, along the 200 m isobath. Proximity to the Ningaloo Reef aggregation increases the likelihood that interactions would occur as whale sharks arrive and depart from the Ningaloo aggregation.

The migratory longfin mako (Isurus paucus) and shortfin mako (Isurus oxyrinchus) sharks are likely to occur in Release Areas W14-14, W14-15, W14-16 and W14-21.

Dugongs

The migratory dugong (Dugong dugon) is known to occur in Release Areas W14-16 and W14-21. The Marine bioregional plan for the North-west Marine Region indicates that a large proportion of the world’s dugong population occurs in and adjacent to the North-west Marine Region. Dugongs are highly migratory and are capable of moving over relatively large distances.

Migratory Birds

The migratory wedge-tailed shearwater and lesser crested tern have Biologically Important Areas for foraging overlapping Release Areas W14-14, W14-15, W14-16 and W14-21. The migratory fairy tern also has Biologically

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Important Areas for foraging and breeding overlapping W14-14 and W14-15. The migratory roseate tern also has a Biologically Important Area for foraging within 20 km of W14-14, W14-15, W14-16 and W14-21.

In addition, the fork-tailed swift (Apus pacificus) is likely to occur in Release Areas W14-14 and W14-15.

Other listed threatened and migratory species may also occur in these Release Areas.

Heritage

Release Area W14-15 overlaps with the nominated Barrow Island and the Montebello-Barrow Islands Marine Conservation Reserve. The reserve is nominated on the National Heritage List for its natural values including its diversity of pristine terrestrial and aquatic habitats, and abounding species diversity and endemism. The region is also home to untouched assemblages of vertebrate and invertebrate species not found elsewhere in Australia.

The statement of significance for this location is available through the Australian Heritage Database at: http://www.environment.gov.au/cgi-bin/ahdb/search.pl.

Release Areas W14-16 and W14-21 are within 70 km of the World Heritage Area and National Heritage List place ‘The Ningaloo Coast’. The Ningaloo Coast is listed for its outstanding biological diversity and aesthetic values. Locations within this property are also listed on the Commonwealth Heritage List as the ‘Ningaloo Marine Area – Commonwealth Waters’. The statement of significance and official values for these locations are available through the Australian Heritage Database at: http://www.environment.gov.au/cgi-bin/ahdb/search.pl.

The property is listed for both terrestrial and marine values, including reef aesthetics, vulnerable and migratory whale shark aggregation, marine ecosystem diversity and marine turtle diversity. The statement of outstanding universal value for the Ningaloo Coast World Heritage Area can be found at: http://www.environment.gov.au/heritage/places/world/ningaloo/values.html.

The proximity of the acreage release area to the Ningaloo Coast, with its abundance of marine species included in both the World and National heritage listings, means there could be impacts to heritage values during migration, aggregation and nesting periods for these species, even if the impacts originate from, or occur to mobile species, outside the boundary of the World and National Heritage Areas. Similarly the aesthetic values component of the World Heritage Area could potentially be impacted from outside the heritage area itself.

Any activities in this area, including seismic surveys, and activities with associated risk of hydrocarbon spills, are likely to be subject to close scrutiny under the EPBC Act.

Fishing Activities

AFMA advises that these Release Areas are within the North West Slope Trawl Fishery, Western Tuna and Billfish Fishery, Western Skipjack Tuna and Southern Bluefin Tuna Fisheries ranges. The Western Australian Government advises that these Release Areas are within the Mackerel, Marine Aquarium, Onslow Prawn Limited Entry, Pilbara Trawl and Trap, Specimen Shell and Pearl Oyster Fisheries ranges.

Historical AFMA logbook data for 2009 to 2013 indicates that the North West Slope Trawl Fishery has been active in these Release Areas.

Additional information on the distribution of fishing effort in the North West Slope Trawl Fishery can be found at:http://www.afma.gov.au/wp-content/uploads/2010/07/WDTF-and-NWSTF-harvest-strategy-review-2011.pdf

AFMA recommends successful applicants liaise with representatives of the above fishing interests at an early stage in planning operational activities.

Navigation

Heavy volume shipping traffic will be encountered in the north-eastern section of Release Area W14-14. Traffic heading east and west from the recommended track around the Montebello Tryal Rocks will travel through graticular blocks 160 and 161 of the Hamersley Range (SF50) Map Sheet. Traffic exiting southwards from the Montebello Tryal Rocks track will pass through the south-eastern section of this Release Area.

Moderate volume shipping traffic will be encountered in Release Area W14-15 exiting southwards from the recommended track around the Montebello Tryal Rocks through graticular block 0232 of the Hamersley Range (SF50) Map Sheet. Local traffic will be encountered through this Release Area with the traffic pattern following the coast of Barrow Island and from the north of Cape Malouet out to the west.

Local traffic supporting Barrow Island activities will be encountered within Release Area W14-16.

Moderate levels of shipping traffic are likely to be encountered in Release Area W14-21. Cargo ships including tankers pass through the northwestern half of the area. Local traffic supporting Barrow Island activities also pass through, and immediately to the north and south, of Release Area W14-21.

When planning operations in these Release Areas, proponents are requested to contact the Nautical and Regulation Section of AMSA with a view to obtaining traffic data and discussing collision prevention measures.

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Northern Carnarvon Basin – Exmouth Sub-basin

W14-17 / W14-18

Defence

Release Area W14-18 lies within the Learmonth Overwater Missile Firing Range. This area is approved for live weapons firing, including high explosive weapons and the safety of infrastructure cannot be guaranteed. Applicants are advised that this area is used regularly, and Defence Force exercise schedules are variable and may change at short notice.

When activated by a Notice to Airmen (NOTAM), the restricted airspace can operate down to sea level. Successful applicants will need to liaise with Defence during the planning phase of operations, and provide information on the proposed location of any drilling rigs for inclusion in the register of structures database that is maintained by the Royal Australian Air Force (RAAF) Aeronautical Information Service (AIS).

Successful applicants should also note that, as the areas are used for live firings, unexploded ordnances (UXO) may exist on the sea floor. This carries with it an associated risk of detonation, which will be borne by the applicants. Applicants should recognise that Defence takes no responsibility for reporting the location and type of ordnance dropped in the areas, for identification or removal of any UXO, or for any damage sustained to equipment in the unlikely event of UXO detonation. As such, the Australian Government provides no guarantee or indemnity to titleholders or others with regard to the safety or whereabouts of UXO in such areas.

Successful applicants will need to liaise closely with the RAAF and Royal Australian Navy (RAN) on timing and location of any proposed exploration activities or permanent structures during the planning phase.

Access to Defence Practice Areas (DPA) and Military Exercise Areas (MEA) may be restricted with all sea and aircraft possibly being ordered to evacuate the DPA/MEA at short notice.

The Australian Defence Force Airspace Cell requires notification, prior to commencement, of any exploration works, including positions and dimensions (lateral and vertical) of associated infrastructure and permanent infrastructure development, to be undertaken in areas which lie within Defence Restricted Airspace. Details of routes of any associated helicopter support operations are also requested.

The Australian Hydrographic Office (AHO) will require advance notification of any proposed seismic surveys and infrastructure developments within Release Area W14-18. This information must be provided to AHO at least three weeks prior to actual commencement of activities. Applicant should also notify AHO of any well completion activity, including whether wells are suspended or plugged and abandoned upon completion of drilling.

The points of contact for Defence activities are set out above in the Notices for All Areas.

Environmental Protection

Commonwealth Marine Areas

Release Areas W14-17 and W14-18 are approximately 140 m from Gascoyne Commonwealth Marine Reserve, 73 km from the Ningaloo Commonwealth Marine Reserve and 78 km from Montebello Commonwealth Marine Reserve.

The Gascoyne Commonwealth Marine Reserve is a Multiple Use Zone (IUCN Category VI). The major conservation values of the Commonwealth Marine Reserve include:

Important foraging areas for migratory seabirds, the vulnerable and migratory whale shark (Rhincodon typus) and vulnerable and migratory hawksbill (Eretmochelys imbricata) and flatback (Natator depressus) turtles;

Examples of the ecosystems of the Central Western Shelf Transition, the Central Western Transition and the Northwest Province and the Ningaloo meso-scale bioregion; and

Three Key Ecological Features represented in this reserve.

The Ningaloo Commonwealth Marine Reserve is a Recreational Use Zone (IUCN Category II). Mining operations (including oil and gas exploration, development and other activities) are not permitted in Recreational Use Zones. The major conservation values of the Commonwealth Marine Reserve include:

Foraging areas for the vulnerable and migratory whale shark;

Foraging areas and adjacent to important nesting sites for marine turtles and foraging and important breeding areas for migratory seabirds;

Includes part of the migratory pathway of the vulnerable and migratory humpback whale (Megaptera novaeangliae);

Shallow shelf environments with depths ranging from 15 m to 150 m and provides protection for shelf and slope habitats, as well as pinnacle and terrace sea-floor features;

Examples of the seafloor habitats and communities of the Central Western Shelf Transition; and

Part of the Ningaloo Coast World Heritage Area.

The Montebello Commonwealth Marine Reserve is a Multiple Use Zone (IUCN Category VI). The major conservation values of this Commonwealth Marine Reserve include:

Foraging areas for the vulnerable and migratory whale shark;

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Foraging areas adjacent to important breeding areas for migratory seabirds and important nesting sites for marine turtles;

Part of the migratory pathway of the vulnerable and migratory humpback whale;

Shallow shelf environments with depths ranging from 15 m to 150 m and provides protection for shelf and slope habitats, as well as pinnacle and terrace seafloor features;

Examples of the seafloor habitats and communities of the Northwest Shelf Province;

Provincial bioregions and the Pilbara (offshore) meso-scale bioregion; and

One Key Ecological Feature represented in this reserve.

Further information about this and other Commonwealth Marine Reserves in the larger proximity is located at: http://www.environment.gov.au/topics/marine/marine-reserves.

Key Ecological Features

The Gascoyne Commonwealth Marine Reserve is in proximity to the:

Canyons linking the Cuvier Abyssal Plain and the Cape Range Peninsula;

Continental Slope Demersal Fish Communities; and

Exmouth Plateau

which are Key Ecological Features in the North-west Marine Region. The values of these features include unique sea-floor features, enhanced productivity, high levels of endemism and species diversity.

Montebello Commonwealth Marine Reserve overlaps the Ancient coastline at 125 m depth contour which is a Key Ecological Feature in the North-west Marine Region. The values of this feature include unique sea-floor features with enhanced biological productivity.

Release Areas W14-17 and W14-18 overlap the Continental Slope Demersal Fish Communities which is a Key Ecological Features in the North-west Marine Region. The values of this feature include high endemism of fish communities and species diversity.

Biologically Important Areas

Release Areas W14-17 and W14-18 overlap with Biologically Important Area for the migratory wedge-tailed shearwater (Puffinus pacificus).

Release Area W14-17 is also within 20 km of Biologically Important Area for the vulnerable and migratory humpback whale.

Biologically Important Areas are particularly important for the conservation of protected species and where aggregations of individuals of a protected species display biologically important behaviour such as breeding, foraging, resting or migration. The presence of the observed behaviour is assumed to indicate that habitat required for the behaviour is also present. For current information on species behaviours and seasonality of species occurrence within Biologically Important Areas, refer to the Conservation Values Atlas at: http://www.environment.gov.au/coasts/marineplans/cva/index.html.

The Marine bioregional plan for the North-west Marine Region provides regional advice for proponents with respect to Biologically Important Areas and Key Ecological Features (see http://www.environment.gov.au/topics/marine/marine-bioregional-plans/north-west)

Threatened and Migratory Species

A number of EPBC Act listed threatened and migratory species are found in or near the Release Areas. Activities planned for these Release Areas during biologically important times for listed threatened and migratory species are likely to be subject to close scrutiny under the EPBC Act.

Cetaceans

The vulnerable and migratory humpback whale has a Biologically Important Area for migration within 20 km of these acreage release areas. The North-west Marine Region is particularly important for the Western Australian population of humpback whales as they migrate north through this region around June to July each year. Humpback whales then breed and calve along the Kimberley coast from the Lacepede Islands to north of Camden Sound. Humpback whales migrate south from August to November, and stop to rest in Exmouth Gulf, Shark Bay and adjacent areas.

The acreage release areas are adjacent to migration pathways for pygmy blue whales which may be encountered between April and December travelling along the shelf between 500 m and 1 000 m.

Seismic activities should be planned in accordance with EPBC Act Policy Statement 2.1 – Interaction between offshore seismic exploration and whales (September 2008).

Marine turtles

Five of the six species of marine turtle that occur in Australia waters are known or likely to occur in these acreage release areas. They are the endangered and migratory loggerhead (Caretta caretta) and leatherback (Dermochelys coriacea) turtles and the vulnerable and migratory flatback, green (Chelonia mydas) and hawksbill turtles.

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Elasmobranchs

The migratory longfin mako (Isurus paucus) and shortfin mako (Isurus oxyrinchus) sharks are likely to occur in these acreage release areas.

The distribution of the migratory giant manta ray (Manta birostris) is not well understood, but similar to the whale shark, as it is a filter-feeder that feeds upon plankton, krill and larvae, so may occupy similar habitat to the whale shark.

Migratory Birds

The migratory wedge-tailed shearwater has a Biologically Important Area for foraging overlapping these acreage release areas. The area may provide foraging habitat for other migratory birds.

Other listed threatened and migratory species may also occur in these acreage release areas.

Example EPBC Act Requirements

This information is provided for illustrative purposes only and must not be solely relied upon by explorers when making commercial decisions.

Seismic Survey

A 2 km low power zone must be implemented during all seismic operations to minimise impacts to whales;

Two dedicated Marine Mammal Observers (MMO) must be employed on board the seismic vessel for the duration of the survey. At least one MMO must be observing for whales on the seismic vessel during all daylight hours

o At night time or other times of low visibility, start-up of the acoustic source may be commenced provided that there have not been three or more blue whale instigated power down or shut down situations during the preceding 24 hr period.

o If the survey experience three or more blue whale shutdowns in a 24 hr period, seismic operations must not be undertaken thereafter at night time or during low visibility conditions until there has been a 24 hr period which included seismic operations during daylight hours and good visibility conditions during which there are no blue whale instigated shutdowns.

Heritage

Release Areas W14-17 and W14-18 are within 70 km of the World Heritage Area and National Heritage List place ‘The Ningaloo Coast’. The Ningaloo Coast is listed for its outstanding biological diversity and aesthetic values. Locations within this property are also listed on the Commonwealth Heritage List as the ‘Ningaloo Marine Area – Commonwealth Waters’. The statement of significance and official values for these locations are available through the Australian Heritage Database at: http://www.environment.gov.au/cgi-bin/ahdb/search.pl.

The property is listed for both terrestrial and marine values, including reef aesthetics, vulnerable and migratory whale shark aggregation, marine ecosystem diversity and marine turtle diversity. The statement of outstanding universal value for the Ningaloo Coast World Heritage Area can be found at: http://www.environment.gov.au/heritage/places/world/ningaloo/values.html.

The proximity of the acreage release area to the Ningaloo Coast, with its abundance of marine species included in both the World and National heritage listings, means there could be impacts to heritage values during migration, aggregation and nesting periods for these species, even if the impacts originate from, or occur to mobile species, outside the boundary of the World and National Heritage Areas. Similarly the aesthetic values component of the World Heritage Area could potentially be impacted from outside the heritage area itself.

Any activities in this area, including seismic surveys, and activities with associated risk of hydrocarbon spills, are likely to be subject to close scrutiny under the EPBC Act.

Fishing Activities

AFMA advises that these Release Areas are within the North West Slope Trawl Fishery, Western Deepwater Trawl Fishery, Western Tuna and Billfish Fishery, Western Skipjack Tuna and Southern Bluefin Tuna Fisheries ranges. The Western Australian Government advises that these Release Areas are within the Mackerel, Marine Aquarium, Specimen Shell and Pearl Oyster Fisheries ranges.

Historical AFMA logbook data for 2009 to 2013 indicates that the North West Slope Trawl Fishery and Western Deepwater Trawl Fishery have been active in these Release Areas.

Additional information on the distribution of fishing effort in fisheries can be found at:http://www.afma.gov.au/wp-content/uploads/2010/07/WDTF-and-NWSTF-harvest-strategy-review-2011.pdf

AFMA recommends successful applicants liaise with representatives of the above fishing interests at an early stage in planning operational activities.

Navigation

Release Areas W14-17 and W14-18 cross a chartered Shipping Fairway. Significant international commercial shipping traffic will be encountered on this route travelling in a north/south direction along the west coast of Western Australia and through Lombok in Indonesia.

When planning operations in these Release Areas, proponents are requested to contact the Nautical and Regulation Section of AMSA with a view to obtaining traffic data and discussing collision prevention measures.

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Bight Basin – Eyre Sub-basin

W14-19

Environmental Protection

Commonwealth Marine Areas

Release Area W14-19 is approximately 2 km from Twilight Commonwealth Marine Reserve and 97 km from the Great Australia Bight Commonwealth Marine Reserve.

The Twilight Commonwealth Marine Reserve is a National Park Zone (IUCN Category II). Mining operations (including oil and gas exploration, development and other activities) are not permitted in National Park Zones. The major conservation values of the Commonwealth Marine Reserve include:

Important foraging areas for the vulnerable and migratory great white shark (Carcharodon carcharias) and the migratory flesh-footed shearwater (Puffinus carneipes);

Important seasonal calving habitat for the endangered and migratory southern right whale (Eubalaena australis);

Habitats surrounding important haul-out site for the vulnerable Australian sea lion (Neophoca cinerea);

Representative examples of the westernmost ecosystems of the Great Australian Bight Shelf Transition; and

Increased connectivity of highly protected shelf ecosystems and representation of the south coast continental shelf environments.

The Great Australia Bight Commonwealth Marine Reserve is a Special Purpose Zone (IUCN Category VI). The major conservation values of the Commonwealth Marine Reserve include:

Important foraging areas for the vulnerable Australia sea lion, the vulnerable and migratory great white shark and the migratory sperm whale (Physeter macrocephalus) and short-tailed shearwater (Puffinus tenuirostris);

Globally important seasonal calving habitat for the endangered and migratory southern right whale;

Representative examples of the central and western ecosystems of the Great Australian Bight;

Shelf Transition and the easternmost ecosystems of the Southern Province;

Benthic invertebrate communities of the eastern Great Australian Bight;

Pelagic habitats important for small pelagic fish who play an important ecological role; and

One Key Ecological Feature represented in this reserve.

Further information about this and other Commonwealth Marine Reserves in the larger proximity is located at: http://www.environment.gov.au/topics/marine/marine-reserves.

Key Ecological Features

The Great Australia Bight Commonwealth Marine Reserve overlaps the Ancient coastline 90 - 120 m which is a Key Ecological Feature in the South-west Marine Region. The values of this feature include high levels of biodiversity, endemism, productivity and aggregations of marine life.

Release Area W14-19 overlaps the Ancient coastline 90 - 120 m which is a Key Ecological Feature in the South-west Marine Region. The values of this feature include high levels of biodiversity, endemism, productivity and aggregations of marine life.

Biologically Important Areas

Release Area W14-19 overlap with Biologically Important Areas for the following species:

Cetaceans: endangered and migratory pygmy blue whale (Balaenoptera musculus), sperm whale;

Elasmobranchs: vulnerable and migratory great white shark;

Pinnipeds: vulnerable Australian sea lion; and

Birds: migratory great-winged petrel (Pterodroma macroptera), short-tailed shearwater.

W14-19 is also within 20 km of the Biologically Important Areas for the white-faced storm petrel (Pelagodroma marina).

Biologically Important Areas are particularly important for the conservation of protected species and where aggregations of individuals of a protected species display biologically important behaviour such as breeding, foraging, resting or migration. The presence of the observed behaviour is assumed to indicate that habitat required for the behaviour is also present. For current information on species behaviours and seasonality of species occurrence within Biologically Important Areas, refer to the Conservation Values Atlas at: http://www.environment.gov.au/coasts/marineplans/cva/index.html.

The Marine bioregional plan for the South-west Marine Region provides regional advice for proponents with respect to Biologically Important Areas and Key Ecological Features (see http://www.environment.gov.au/topics/marine/marine-bioregional-plans/south-west).

Threatened and Migratory Species

A number of EPBC Act listed threatened and migratory species are found in or near these Release Areas. Activities planned for these Release Areas during biologically important times for listed threatened and migratory species are likely to be subject to close scrutiny under the EPBC Act.

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Cetaceans

The endangered and migratory pygmy blue whale has a Biologically Important Area for migration overlapping this acreage release area. Pygmy blue whales are known to occur in this area between November and May. Foraging is also likely to occur during this time.

The migratory sperm whale has a Biologically Important Area for foraging overlapping this acreage release area. Sperm whales are present in this area all year round with a peak in sightings in August and September. Foraging is also likely to occur during this time.

Breeding areas for the endangered and migratory southern right whale is known to occur in the protected coastal waters to the north of this acreage release area. The exact migration pathways between offshore and coastal waters is not well understood and it is therefore possible that individuals will be encountered within this acreage release area.

The vulnerable and migratory humpback whale is likely to occur in this acreage release area. The Marine bioregional plan for the South-west Marine Region indicates that the humpback whale occur seasonally in the South-west Marine Region on migration between calving areas in the Kimberley and summer feeding areas in Antarctica. Humpback whales migrate north from their Antarctic feeding grounds around May each year. Along parts of their migratory route there are narrow corridors resulting from physical barriers where the majority of the population passes close to shore.

Seismic activities should be planned in accordance with EPBC Act Policy Statement 2.1 – Interaction between offshore seismic exploration and whales (September 2008).

Marine turtles

Three of the six species of marine turtle that occur in Australia waters are likely to occur in this acreage release area. They are the endangered and migratory loggerhead (Caretta caretta) and leatherback (Dermochelys coriacea) turtles and the vulnerable and migratory green (Chelonia mydas) turtle.

Elasmobranchs

The vulnerable and migratory great white shark has a Biologically Important Area for high density distribution overlapping this acreage release area. The Marine bioregional plan for the South-west Marine Region indicates that the region may be significant for the conservation and management of great white sharks not only in Australia, but possibly also in a global context.

The migratory shortfin mako (Isurus oxyrinchus) shark is likely to occur in this acreage release area. The Marine bioregional plan for the South-west Marine Region indicates that shortfin makos are highly mobile species with oceanic and pelagic habit. The migratory mackerel shark (Lamna nasus) is likely to occur in Release Area W14-19.

Pinnipeds

The vulnerable Australian sea lion has a Biologically Important Area foraging overlapping this acreage release area. Marine bioregional plan for the South-west Marine Region indicates that the species occurs almost exclusively within the South-west Marine Region.

Migratory Birds

The migratory great-winged petrel has a Biologically Important Area for foraging overlapping this acreage release area during late January to early December each year. In addition, the migratory short-tailed shearwater has a Biologically Important Area for foraging overlapping W14-19 during October to April each year.

The migratory white-faced storm petrel has a Biologically Important Area for foraging within 20 km of W14-19.

The endangered and migratory northern royal albatross (Diomedea sanfordi) is likely to occur in W14-19. The vulnerable and migratory southern royal albatross (Diomedea epomophora) the shy albatross (Thalassarche cauta), the antipodean albatross (Diomedea antipodensis), white-capped albatross (Thalassarche steadi), the wandering albatross (Diomedea exulans) are also likely to occur in W14-19.

In addition, the vulnerable soft-plumaged petrel (Pterodroma mollis) is likely to occur in Release Areas W14-19.

Other listed threatened and migratory species may also occur in this Release Area.

Fishing Activities

AFMA advises that this Release Area is within the Small Pelagic Fishery, Southern Bluefin Tuna Fishery, South Eastern Scalefish and Shark Fishery, Southern Squid Jig Fishery and Western Skipjack Tuna Fishery. The Western Australian Government advises that this Release Area is within the Abalone, Marine Aquarium, South Coast Purse Seine, South Coast Salmon and Specimen Shell Fisheries ranges.

Historical AFMA logbook data for 2009 to 2013 indicates that the Great Australian Bight Trawl Sector (GABTF) of the South Eastern Scalefish and Shark Fishery has been very active in this Release Area.

Additional information on the distribution of fishing effort in the GABTF can be found at:http://www.afma.gov.au/wp-content/uploads/2010/07/final-gab-manual_april-2011.pdf

AFMA recommends successful applicants liaise with representatives of the above fishing interests at an early stage in planning operational activities.

This Release Area also intersects the annual migratory path for Southern Bluefin Tuna and habitat areas for the sardine stock. Giant crabs exist in demersal habitats on the shelf break at between 200-300 m. Potential bidders are also

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encouraged to contact the South Australian Department of Environment, Water and Natural Resources when planning activities in Release Area W14-19.

Navigation

While Release Area W14-19 does not cross any chartered Shipping Fairways, medium volumes of commercial shipping traffic pass between Thevenard and Ceduna, South Australia, and the shipping lanes south of Esperance, Western Australia. This traffic will be encountered through the eastern/south-eastern sections of Release Area W14-19.

When planning operations in this Release Area, proponents are requested to contact the Nautical and Regulation Section of AMSA with a view to obtaining traffic data and discussing anti-collision prevention measures.

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AUSTRALIA 2014 Offshore Petroleum Exploration Acreage Release