This presentation provides an introduction to the approach used by Australia’s National Offshore Petroleum Safety and Environmental Management Authority (NOPSEMA) in regulating ‘planned discharges’ from the offshore oil and gas industry. Specific attention will be given to drilling discharges, particularly those that may include releases of mercury, given the Minamata Convention. NOPSEMA administers an objective-based form of regulation, with responsibility for ensuring protection of the environment lies with those who create the risk. An objective-based regulatory regime sets high level requirements that must be achieved, but does not specifically prescribe how those requirements must be met. Requirements are determined through the assessment process, and are set within accepted environment plans which are legally binding documents.
The objective-based regulatory approach offers benefits such as scalability and flexibility relative to the risk profile of the activity, as well as encouraging adoption of best practice management. It also raises challenges such as the application of the environmental risk assessment process to drive acceptable environmental outcomes, and the principle of reduction of impacts and risks to ALARP (as low as reasonably practicable).
This presentation will provide information on the regulatory approach used by NOPSEMA, and provide an opportunity for dialogue, also in relation to approaches used in other jurisdictions, particularly as it applies to drawing attention to the Minamata convention and its requirements.