5.Special Notices concerning Titleholder Obligations and the Rights and Interests of Others

Overview

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

  • environment and heritage protection;
  • navigation and maritime safety;
  • fishing activities;
  • defence activities;
  • submarine telecommunication cables;
  • insurance; and
  • Native Title rights and interests.

In addition to the general advice and requirements that apply to all release areas, there are also notices giving recommendations and requirements for specific areas. The attention of potential applicants is drawn to all the issues set out below, as they have been raised in consultations with others who have rights and interests in these marine areas. The requirements for specific areas may result in conditions being included in an exploration title document.

Notices for All Areas

Environment Protection

Australian Governments require petroleum companies to conduct their activities in a manner that meets a high standard of environmental protection. Of particular importance to the offshore petroleum exploration industry are the requirements of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) and the Environment Regulations of the PSLA. Under these two Acts, there are four main environmental approvals that may be required for petroleum industry activities. These are:

  • an Environment Plan under the Petroleum (Submerged Lands) (Management of Environment) Regulations 1999 (Environment Regulations);
    • this is required for every operational (fieldwork) activity;
  • approval under Chapter 4 of the EPBC Act to undertake an activity that may potentially affect a matter of National Environmental Significance (NES);
    • the most important matters of NES to offshore areas are Commonwealth marine areas, World Heritage areas, National Heritage areas, wetlands of international importance, threatened species and migratory species;
  • approval under Chapter 5, Division 3, of the EPBC Act to undertake activities that may interfere with cetaceans (e.g. whales);
    • this is only required at locations and times that cetaceans are likely to be present; and
  • approval under Chapter 5, Division 4, of the EPBC Act to carry out activities in a Commonwealth Marine Reserve.

Penalties may apply to any activities in breach of the EPBC Act.

Further information on these approvals is provided below and in the accompanying publication An Overview for Applicants ("Red Book").

Information on the EPBC Act is available on the internet at www.environment.gov.au/epbc

The site also has information on referrals and decisions under the EPBC Act that may be of assistance in deciding whether to refer an intended action. A printed summary of the EPBC Act is also available in An Overview of the Environment Protection and Biodiversity Conservation Act, published in October 1999 by the Department of the Environment, Water, Heritage and the Arts. Amendments were made to the EPBC Act on 7 December 2006. Details on these amendments.

Environment Plan under PSLA

An Environment Plan must be in force (under Section 2 of the Environment Regulations) before an operator carries out any activity in a permit area. Environment Plans are to be submitted to the relevant Designated Authority, who has 28 days to accept or refuse the Plan or request the operator to modify and resubmit the Plan. An accepted Environment Plan will establish the legally binding environment management conditions that must be met by the operator of an offshore petroleum activity. Division 2.3 of the Environment Regulations sets out the required contents of an Environment Plan. A Guideline on the preparation and submission of an Environment Plan can also be accessed at www.ret.gov.au/petenviron.

National Environmental Significance (NES) and the EPBC

Companies proposing to undertake petroleum exploration or development activities are obliged, under the EPBC Act, to consider whether those activities are likely to have a significant impact on a matter of NES. The EPBC Act places the onus on the proponent for ensuring an activity either does not affect a matter of NES, or is approved by the Australian Government Environment Minister before proceeding.

The Department of the Environment and Water Resources has made an interactive database available for further information on matters of national environmental significance (including Ramsar wetlands, endangered species, World and National Heritage areas) at:
www.environment.gov.au/erin/ert/epbc/index.html

Potential bidders are encouraged to consult this database with respect to a permit area before finalising their work program bids.

If a proponent is unsure whether approval is required, the proposed activity can be referred to the Environment Minister for clarification as to whether it would be a 'controlled action' for the purposes of the EPBC Act. In the first instance, preliminary advice can be obtained from the Assistant Secretary, Environment Assessment Branch, Department of the Environment, Water, Heritage and the Arts (ph: +61 2 6274 2240). Published guidelines on significance are available at www.environment.gov.au/epbc/index.html or from the Community Information Unit on 1800 803 772 (free call within Australia only) or e-mail: ciu@environment.gov.au

National Heritage List

A National Heritage List has been established to include places of outstanding heritage significance to Australia . The National Heritage List comprises places with natural and/or historic and/or Indigenous values that have outstanding heritage value to the Australian nation. Each place in the List has been assessed by an independent body, the Australian Heritage Council, as to whether the place has national heritage values. The Minister for the Environment makes the final decision on whether a place will be listed. Listed heritage values are protected and managed under a range of Commonwealth powers. A place entered in the National Heritage List is known as a national heritage place.

Places in the list are protected under the EPBC Act. Prior approval must be obtained before any action takes place which has, will have, or is likely to have, a significant impact on the national heritage values of a listed place. The EPBC Act covers not only actions that are taken within a national heritage place, but also those that are taken outside a place but nonetheless may still have a significant impact on a listed value. Proposals for actions which could affect such values are rigorously assessed.

The National Heritage List is compiled and maintained by the Department of the Environment and Water Resources and can be searched using the Australian Heritage Database.

Commonwealth Heritage List

The Commonwealth Heritage List, established under the EPBC Act, comprises natural, Indigenous and historic heritage places on Commonwealth lands and waters or under Australian Government control. Places on the List have been assessed by the Australian Heritage Council as having Commonwealth heritage values and included in the list by the Minister for the Environment and Water Resources.

Places in the Commonwealth Heritage List are also protected under the EPBC Act and actions that might adversely affect the environment of such places must be referred for assessment by the Minister. In addition, Australian Government agencies are required to develop:

  • Heritage strategies;
  • A heritage register; and
  • Management plans for places on the Commonwealth Heritage List

To protect the heritage values of the Commonwealth Heritage Places they own or lease.

As of 20 November 2008 there are 71 places in the National Heritage List, 18 places on the World Heritage List and 340 places included in the Commonwealth Heritage List. These lists include some offshore areas. New places are added to the lists on an ongoing basis. The database should be investigated for relevant areas at: www.environment.gov.au/heritage

Under the Australian Heritage Council Act 2003, the Register of the National Estate (RNE) is Australia 's national inventory of places of significant natural and/or cultural (historic and/or indigenous) heritage. Activities associated with exploration activity that could significantly affect heritage values should be referred to the Department of the Environment, Water, Heritage and the Arts for advice as the Environment Minister is required to consider information about RNE when making decisions under the EPBC Act.

Cetaceans and the EPBC Act

Under the EPBC Act there is a requirement to obtain a permit for any activity impacting upon cetaceans, incidentally or otherwise, in Commonwealth waters. Cetaceans include whales, dolphins and porpoises. The 2008 Release of Offshore Petroleum Exploration Areas includes areas that are in recognised whale migration corridors and important aggregation areas.

Given the potential for interaction between seismic surveys and cetaceans, the Department of the Environment and Water Resources will carefully assess proposed activities in recognised whale migration and aggregation areas to determine if a cetacean permit is required. A policy statement on the interaction between offshore seismic exploration and whales has been developed by the Department of the Environment, Water, Heritage and the Arts in consultation with the petroleum industry, whale research scientists and conservation groups. This document provides guidance on the practical application of EPBC Act to seismic surveying and will assist explorers in addressing their obligations. Seismic surveys proposed in areas where there is a moderate to high likelihood of encountering whales, should employ mitigation measures set out in Part B of the policy statement in addition to the standard management measures in Part A of the policy statement.

The EPBC Policy Statement 2.1 - Interaction between offshore seismic exploration and whales , May 2007 can be obtained online.

Further information on permits can be obtained online.

Historic Shipwrecks Act 1976

The Commonwealth Historic Shipwrecks Act 1976 protects historic shipwrecks and associated relics found in Australian waters from the low water mark to the edge of the continental shelf. Under the Historic Shipwrecks Act 1976, all shipwrecks which are over 75 years old are protected, together with their associated relics regardless of whether their actual locations are known. The Minister for the Environment, Water, Heritage and the Arts can also make a declaration to protect any historically significant shipwrecks or relics that are less than 75 years old.

The Historic Shipwrecks Act 1976 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.

Under the Historic Shipwrecks Act 1976:

  • anyone who finds the remains of a shipwreck or relics associated with a shipwreck is required to give notification of the location as soon as practicable to the Minister for the Environment, Water, Heritage and the Arts and
  • historic relics must not be removed, or the physical fabric of a wreck disturbed, unless a permit has been obtained.

The Historic Shipwrecks Act 1976 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.

It should be noted that although the Historic Shipwrecks Act 1976 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 Act can be obtained from the Department of the Environment, Water, Heritage and the Arts website.

The Australian Government has embarked on a program of regional marine planning which falls directly under the EPBC Act. Under the program, Marine Bioregional Plans will be developed in each of five marine regions in Commonwealth waters by 2012. The program is in an early stage and the plans, once in place, will provide information to marine industries that will assist them understand their obligations under the EPBC Act, including in regard to matters of National Environmental Significance. The Plans will be established under section 176 of the EPBC Act, acting as a key document to guide the Minister, sectoral managers and industry about the key conservation values and priorities in each marine region.

The marine bioregional planning process will include the identification and establishment of representative marine protected areas (MPAs) in Commonwealth waters.

It is intended that exploration and production activities would be allowed within some MPAs, subject to appropriate approvals under the PSLA and appropriate scrutiny under the provisions of the EPBC Act.

A number of areas in the 2008 release are in the vicinity of sensitive marine regions and may be subject to special requirements as described below in the Notices for Specific Areas. Further information on Marine Bioregional Planning.

Native Title Rights and Interests

Applicants should be aware that Aboriginal representative organisations may have interests in some release areas, particularly those that are closer to shore. It is recommended that successful applicants liaise closely with State heritage agencies, Native Title Representative Bodies and registered claimants on proposed exploration activities.

Contact details for Native Title Representative Bodies can be found on the Native Title Representative Bodies website.

Ask First: A guide to respecting Indigenous heritage places and values provides a practical guide for land developers, land users and managers, cultural heritage professionals and many others who may have an impact on Indigenous heritage. Ask First can be downloaded from the Australian Heritage Council website.

Navigation

To ensure that navigational safety requirements are met, successful applicants will be required to maintain close contact with the Rescue Co-ordination Centre (RCC) at the Australian Maritime Safety Authority (AMSA) well in advance of the commencement of, and during, seismic surveys and drilling operations in order that navigational warnings can be issued. This is especially important for operations in any permits granted over areas located on or near major shipping routes. For further information, see below in the Notices for Specific Areas.

Australian Maritime Safety Authority
Telephone (Maritime): 1800 641 792 (Free call within Australia only)
Telephone (Aviation): 1800 815 257 (Free call within Australia only)
Facsimile (Free call): 1800 622 153 (Free call within Australia only)

E-mail: RCCAus@amsa.gov.au (24 hrs/365days)
Website: www.amsa.gov.au

Fishing Activities

All companies awarded exploration permits will be required to initiate contact with Commonwealth and/or State fisheries management agencies and local fishing industry bodies concerning their exploration operations. This contact should be initiated at the earliest possible stage when planning operations. Radio contact is to be maintained with fishing operators in the area during exploration operations. In the first instance, it is suggested that contact be made with the Australian Fisheries Management Authority (AFMA) and relevant State agencies for the latest information on appropriate contacts within relevant Management Advisory Committees or fishing industry organisations.

AFMA can be contacted at:

Australian Fisheries Management Authority
Environment Policy Section
PO Box 7051
Canberra Business Centre ACT 2610

Telephone: +61 2 6225 5555
Facsimile: +61 2 6225 5446

Regularly updated contact details for the AFMA officer handling petroleum exploration enquires.

AFMA wishes to stress the importance of removing debris, and requests that explorers make every attempt to leave exploration areas free of obstruction. In circumstances where this is not practicable, any remaining debris should be reported to the relevant peak fishing industry bodies. This is particularly important in the trawl fisheries: Commonwealth Trawl Fishery, Great Australian Bight Trawl Fishery, Northern Prawn Fishery, North West Slope Trawl Fishery and the Western Deepwater Trawl Fishery.

It should be noted that the spatial distribution and intensity of fishing activities can be highly variable over time. Although some of the proposed release areas for 2008 experienced only a low level or in some cases no fishing activity over recent years, this may not continue into the future. It is for this reason that it is recommended that explorers liaise with AFMA regarding all exploration activities in Commonwealth waters to get the most up-to-date information on fishing activity and industry contracts.

Defence Requirements

For all release areas, successful applicants will be required to notify the Australian Hydrographic Office of any exploration activity including suspended well heads or proposed infrastructure developments. This will enable relevant navigational charts to be updated and the issue of appropriate navigational warnings. Contact details are provided below.

Some of the areas in the 2008 release 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.

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

Offshore areas may coincide with Military Exercise Areas (MEAs) or Defence Practice Areas (DPAs). Potential applicants are advised that the Minister for Defence has the authority, under the Defence Force Regulations 1952, 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.

As there is potential for unexploded ordnance on the sea floor in either MEAs or DPAs, applicants should be aware of the risks involved in conducting exploration activities. In addition, as training exercises can take place at any time and often involve the use of live fire, permit holders must consult with the Department of Defence to minimise the applicant's own risk. Details of 2008 release areas that coincide with MEAs or DPAs 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 RAAF AIS website (Designated Airspace Handbook) and the RAN Hydrographic Office website (available under 'Annual Notices') respectively (see addresses below).

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

General Defence
Executive Officer - Property Management
Directorate of Property Services (DPS)
BP3-G-A01
Department of Defence
Canberra ACT 2609

Telephone: +61 2 6266 6490
Facsimile: +61 2 6266 8276

Australian Hydrographic Office
Mr Mark Bolger
Nautical Assessment Officer
Hydrographic Office,
Locked Bag 8801
Wollongong NSW 2500

Telephone: +61 2 4221 8590
Facsimile: +61 2 4221 8599
E-mail: hydro.ntm@defence.gov.au
Website: www.hydro.gov.au

Air Force Headquarters (AFHQ)
Anthony Street
Squadron Leader

Telephone: +61 2 6265 6337
E-mail: raaf.ais@defence.gov.au
E-mail: Anthony.Street1@defence.gov.au

Headquarters Air Command (HQAC)
Watch keeper

Telephone: +61 2 4737 7222

Royal Australian Navy
Chief Staff Officer (Operations)
Fleet Headquarters
Royal Australian Navy
Potts Point
Sydney NSW 2010

Telephone: +61 2 9359 4301

Border Protection Command

The Border Protection Command (BPC) - which is responsible for offshore maritime security, 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 for BPC is bpliaiason@customs.gov.au.

Telecommunication (Submarine) Cables

Permit holders can contact an information number 1800 652 388 (free call within Australia) to obtain cable position information. Successful applicants need to be aware that the Government has recently enacted legislation to protect submarine telecommunications cables. The Telecommunications and Other Legislation Amendment (Protection of Submarine Cables and Other Measures) Act 2005 provides for a protection zone to extend one nautical mile on each side of certain submarine telecommunications cables. Under the Act, petroleum exploration activities may be restricted or prohibited in a protection zone. Successful applicants should contact the Australian Communications and Media Authority on +61 3 9963 6717 for further information.

Insurance

Under section 97A of the Petroleum (Submerged Lands) Act 1967, 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.

Further Notices

Any further Special Notices and related issues will be advised in Australian Petroleum News.

Applicants are strongly encouraged to register their e-mail, address and contact details with the Department of Resources, Energy and Tourism (DRET), Exploration Section (details can be e-mailed to: petroleum.exploration@ret.gov.au)

The mailing list is not used for any purpose other than disseminating petroleum information from DRET, such as the annual offshore petroleum acreage release package, the awarding of permits, changes to guidelines or legislation, and advice on when new editions of Australian Petroleum News are posted on the Internet. There is no charge for this service.

Notices for Specific Areas

Special Notices - Areas off Northern Territory and Territory of Ashmore and Cartier Islands

NT08-1 to NT08-3

Dugongs (Dugong Dugon) and marine turtles move through coastal waters to feeding and nesting grounds adjacent to these areas. Coastlines and islands adjacent to these areas, including Melville Island, Bathurst Island and Perron Island, support one of the highest concentrations of nesting Flatback Turtles (Natator depressus) in the world.

Two dolphin species that may be endemic to Australia, the Australian Snubfin Dolphin (Orcaella heinsohni) and Indo-Pacific Humpback Dolphin (Sousa chinensis), occur in coastal areas and river mouths of the Joseph Bonaparte Gulf. The Spotted Bottlenose Dolphin (Tursiops aduncus) may be present in NT08-2. These species are listed as cetaceans and migratory species under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act).

The Humpback Whale (Me ga ptera novaeangliae) is listed as a vulnerable species under the EPBC Act and may be present in these release areas from late August to early October. The Saltwater Crocodile (Crocodylus porosus) may also be present in these areas, and is listed as a migratory species under the EPBC Act.

The carbonate pinnacles in these areas include complex hard substrate environments and provide a very different habitat to the surrounding muddy basin sediments. These pinnacles are known to offer refuge for fish and believed to support phototrophic organisms where they extend into euphotic surface waters.

Successful applicants should be aware of the following key habitat areas for shorebirds near these areas:

Joseph Bonaparte Gulf - The three estuaries at the head of the Joseph Bonaparte Gulf (the Keep, Victoria and Fitzmaurice Rivers) support a waterbird colony of 10,000-15,000 birds. Extensive areas of shorebird and waterbird feeding habitat are associated with the mangroves and mudflats in this location.

Anson Bay to Fog Bay - This area is one of the most important areas for colonial waterbird breeding in the Northern Territory. The floodplain of the Daly and Finnis Rivers supports a single colony of greater than 10,000 waterbirds, with many other smaller colonies in the vicinity (e.g. on the Moyle and Little Moyle Rivers). There is extensive shorebird feeding and roosting habitat in Fog Bay, Anson Bay and the Little Moyle River. The Peron Islands contain the Northern Territory's largest Pelican rookery.

Darwin and Bynoe Harbours - This area of the Beagle Gulf supports nationally significant nesting and foraging aggregation areas for seabirds breeding on offshore islands and shorebirds aggregating in the coastal wetlands.

Van Diemen Gulf - The estuaries and floodplains on the southern shores of the Van Diemen Gulf (including Chambers Bay and the Adelaide, Mary, and West, South and East Alligator Rivers) provide extensive shorebird and waterbird feeding habitat and support one of the most important areas for colonial waterbird breeding in the Northern Territory. The single largest colony of waterbirds occurs on the Adelaide River and is likely to support around 30 000 birds (predominantly Egrets, Herons and Cormorants). The East and South Alligator River floodplains both support colonies of around 10 000-15 000 birds.

Melville Island - Cape Van Diemen and Seagull Island, located on the western most tip of Melville Island, support internationally significant colonial seabird breeding sites of potentially greater than 50 000 birds (predominantly Crested Terns; Sterna bergii). There are nationally significant nesting and foraging aggregations of shorebirds along the southern coast of the island. High density nesting of Olive Ridley (Lepidochelys olivacea) and Flatback Turtles

(Natator depressus). The island is a focal area for nesting Leatherback Turtles (Dermochelys coriacea).

The Northern Prawn, Western Tunaand Billfish, Skipjack Tuna and Southern Bluefin Tuna Fisheries' ranges extend across release areas NT08-1 to NT08-3. Historical AFMA logbook data for 2005 and 2006 indicate that the Northern Prawn Fishery (NPF) has been active in release areas NT08-2 and NT08-3. The NPF seasons are generally mid March to the end of May and mid August to December and these seasons are periods of extensive fishing activity. Accordingly successful applicants will need to liaise with representatives of the above fishing interests at an early stage in planning operational activities.

In addition, several Northern Territory based fisheries operate across NT08-1 to NT08-3 including the Spanish Mackerel, Offshore Net and Line, Demersal, Northern Prawn and the Pearl Oyster fishery. Successful applicants will also need to liaise with the Northern Territory Seafood Council at an early stage in planning operational activities for this area.

Chief Executive Officer
Northern Territory Seafood Council
GPO Box 618
Darwin NT 0801

Telephone: +61 8 8981 5194
Facsimile: +61 8 8981 5063
Email: ceo@ntsc.com.au

NT08-1 to NT08-3 overlap a military exercise area, the North Australia Exercise Area (NAXA) including R264B, C, D, E, F & G. These areas are used by the Royal Australian Air Force (RAAF) and the Royal Australian Navy (RAN) for all military operations including live weapons and missile firing. Applicants are advised that defence exercise schedules are variable and may change at short notice.

These areas lie within the RAAF Air to Air Weapons Defence Practice Area (DPA). As such access may be restricted with all sea and air craft possibly being ordered to evacuate the DPA at short notice.

Areas NT08-1 to NT08-3 also coincide with military restricted airspace area R264. When activated by a Notice to Airmen (NOTAM), the restricted airspace can operate down to sea level. Successful applicants will need to liaise with the Department of Defence during the planning phase of operations and to 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 Aeronautical Information Service (RAAF AIS).

Successful applicants will need to liaise closely with the RAAF and RAN on timing and location of any proposed exploration activities or permanent structures early in the planning phase.

Potential applicants should also note that, as the areas are used for live firings, unexploded ordnance may exist on the sea floor. This carries with it an associated risk of detonation, which will be borne by the applicants. As such, the Australian Government provides no guarantee or indemnity to title holders or others with regard to the safety or whereabouts of unexploded ordnance in such areas.

Contact details for the various Defence activities are set out under 'Notices for All Areas'.

Ashmore-Cartier Release Areas

The Ashmore Reef National Nature Reserve and the Cartier Island Marine Reserve are Marine Protected Areas and are recognised as having high conservation values. Any proposal needs to be considered in relation to the identified conservation values and potential threats of significant environmental impacts to those values.

The Ashmore Reef National Nature Reserve is listed as a wetland of international importance (Ramsar listed wetland). An oil spill from an off-shore petroleum platform or a bulk oil carrier could potentially inflict damage on Ashmore Reef's fragile ecosystems. There are no resources available at Ashmore Reef to deal with even a minor oil spill, and it would take some time to move the necessary equipment to the site from the Australian mainland. Successful applicants should be aware that any proposed exploration activities are likely to be subject to a high level of environmental scrutiny and are more than likely to require assessment and approval under the EPBC Act.

AC08-1

This area is located 33 kilometres from Ashmore Reef National Nature Reserve, which is listed on the Commonwealth Heritage List. Successful applicants should be aware of the heritage values of this site, which may be obtained from the Australian Heritage Database, and that any proposed exploration activities near this area is likely to be subject to a high level of environmental scrutiny.

AC08-1 to AC08-4, AC08-7 and AC08-8

Shorebirds are likely to be present in the region as the nearby Ashmore Reef and Cartier Island are important sites for a number of migratory shorebirds as well as terns and noddies, boobies, frigatebirds and tropicbirds. All are listed as migratory and marine species under the EPBC Act and all are also listed under the Convention on Migratory Species (CMS) and either or both of the China-Australia Migratory Bird Agreement (CAMBA) and the Japan-Australia Migratory Bird Agreement (JAMBA).

Dugongs (Dugong dugon) may be present in these areas as the nearby Ashmore Reef is an important area for this species. Dugongs are listed as migratory and marine species under the EPBC Act.

Green Turtles (Chelonia mydas) and Loggerhead turtles (Caretta caretta) are likely to be present in the region as the nearby Ashmore Reef is an important nesting habitat for these species. Green Turtles (C. mydas) are listed as vulnerable and Loggerhead Turtles (C. caretta) are listed as endangered under the EPBC Act.

AC08-1 to AC08-4

These areas are within the Western Tuna and Billfish, North West Slope Trawl, Skipjack Tuna and Southern Bluefin Tuna Fisheries' ranges. Historical AFMA logbook data for 2005 and 2006 indicate that the North West Slope Trawl Fishery has been active in all four of these release areas. Additional information on the distribution of fishing effort in the North West Slope Trawl Fishery.

It is recommended successful applicants liaise with representatives of the above fishing interests at an early stage in planning operational activities.

AC08-5 and AC08-6

Dugongs (Dugong dugon) may be present in these areas as the nearby Ashmore Reef is an important area for these species which are listed as migratory and marine species under the EPBC Act.

These areas are within the Western Tuna and Billfish, North West Slope Trawl, Skipjack Tuna and Southern Bluefin Tuna Fisheries' ranges. Historical AFMA logbook data for 2005 and 2006 indicate that no vessels reported operating in either of these proposed release areas. As fishing activity may vary year to year, it is recommended successful applicants liaise with representatives of the above fishing interests at an early stage in planning operational activities.

AC08-7 and AC08-8

These areas are within the Western Tuna and Billfish, North West Slope Trawl, Skipjack Tuna and Southern Bluefin Tuna Fisheries' ranges. Historical AFMA logbook data for 2005 and 2006 show that release areas AC08-7 and AC08-8 overlap with important fishing grounds for the North West Slope Trawl Fishery. This fishery has periodic activity throughout the year, but it has historically been most active during periods that the Northern Prawn Fishery was not operational. The NPF seasons are generally mid March to the end of May and mid August to December. Additional information on the distribution of fishing effort in the North West Slope Trawl Fishery. It is recommended successful applicants liaise with representatives of the above fishing interests at an early stage in planning operational activities.

Special Notices - Areas off Western Australia

W08-1 to W08-6

Flatback Turtles (Natator depressus) are likely to be present in the region as the nearby Cape Domett is an important rookery for this species and they are known to forage in the carbonate banks of the Joseph Bonaparte Gulf. They are listed as vulnerable under the EPBC Act. Green Turtles (Chelonia mydas) and Hawksbill Turtles (Eretmochelys imbricata) may also be present in the region as they are believed to feed around the pinnacles of the Bonaparte Depression. Green Turtles and Hawksbill Turtles are listed as vulnerable under the EPBC Act.

The Humpback Whale (Me ga ptera novaeangliae) may be present in these areas from late August to early October. Humpback Whales (M. novaeangliae) are listed as a vulnerable species under the EPBC Act.

W08-1 to W08-3

W08-1 to W08-3 overlap a military exercise area, the North Australia Exercise Area (NAXA) including R264B, C, D, E, F & G. These areas are used by the Royal Australian Air Force (RAAF) and the Royal Australian Navy (RAN) for all military operations including live weapons and missile firing. Applicants are advised that defence exercise schedules are variable and may change at short notice.

These areas lie within the RAAF Air to Air Weapons Defence Practice Area (DPA). As such access may be restricted with all sea and air craft possibly being ordered to evacuate the DPA at short notice.

Areas W08-1 to W08-3 also coincide with military restricted airspace area R264. When activated by a Notice to Airmen (NOTAM), the restricted airspace can operate down to sea level. Successful applicants will need to liaise with the Department of Defence during the planning phase of operations and to 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 Aeronautical Information Service (RAAF AIS).

Successful applicants will need to liaise closely with the RAAF and RAN on timing and location of any proposed exploration activities or permanent structures early in the planning phase.

Potential applicants should also note that, as the areas are used for live firings, unexploded ordnance may exist on the sea floor. This carries with it an associated risk of detonation, which will be borne by the applicants. As such, the Australian Government provides no guarantee or indemnity to title holders or others with regard to the safety or whereabouts of unexploded ordnance in such areas.

Contact details for the various Defence activities are set out under 'Notices for All Areas'.

W08-1

These areas are within the Northern Prawn, Western Tunaand Billfish, Skipjack Tuna and Southern Bluefin Tuna Fisheries' ranges. Historical AFMA logbook data for 2005 and 2006 indicate that no vessels reported operating in either of these proposed release areas. As fishing activity may vary year to year, it is recommended successful applicants liaise with representatives of the above fishing interests at an early stage in planning operational activities.

W08-2 and W08-4

These areas are within the Northern Prawn, Western Tuna and Billfish, Skipjack Tuna and Southern Bluefin Tuna Fisheries' ranges. W08-4 is also within the Northern Demersal Scalefish Managed Fishery. Historical AFMA logbook data for 2005 and 2006 indicate that the Northern Prawn Fishery (NPF) has been active in these release areas. The NPF seasons are generally mid March to the end of May and mid August to December and these seasons are periods of extensive fishing activity. Accordingly successful applicants will need to liaise with representatives of the above fishing interests at an early stage in planning operational activities.

W08-4

The Common Noddy (Anous stolidus) and Brown Booby (Sula leuco ga ster) are known to breed in this area, and are listed as migratory under the EPBC Act.

The main west coast shipping route north of Cape Leeuwin and shipping trade to Bunbury pass through the area.

Exploration activities and infrastructure development in these areas will be subject to some degree of collision risk. Major infrastructure developments may require the Australian Maritime Safety Authority (AMSA) to consider introducing ship routing measures, which may take up to two years to put in place if requiring approval by the International Maritime Organisation.

It is advised that successful applicants make early consultation with AMSA if the afore mentioned activities are proposed.

W08-3 and W08-5 to W08-6

These areas are within the Northern Prawn, Western Tuna and Billfish, Skipjack Tuna and Southern Bluefin Tuna Fisheries' ranges. W08-5 and W08-6 are also within the Northern Demersal Scalefish Managed Fishery. Historical AFMA logbook data for 2005 and 2006 indicate that the Northern Prawn Fishery (NPF) has been very active in these areas. The NPF seasons are generally mid March to the end of May and mid August to December and these seasons are periods of extensive fishing activity. Accordingly successful applicants will need to liaise with representatives of the above fishing interests at an early stage in planning operational activities.

W08-5

The Bridled Tern (Sterna anaethetus) is known to breed in this area and is listed as migratory under the EPBC Act.

W08-6 and W08-7

The Spotted Bottlenose Dolphin (Tursiops aduncus) and Saltwater Crocodile (Crocodylus porosus) are likely to be present in the area and are both listed as migratory species under the EPBC Act.

W08-7

This area is located 58 kilometres from Scott Reef, which is listed on the Commonwealth Heritage List and the Register of the National Estate. This area is also located near the Browse Island (East) Wreck, which is listed on the Register of the National Estate. Successful applicants should be aware of the heritage values of these sites, which may be obtained from the Australian Heritage Database, and that any proposed exploration activities near these areas are likely to be subject to a high level of environmental scrutiny.

W08-7 to W08-8 and W08-12 to W08-15

These areas are within the Western Tuna and Billfish, North West Slope Trawl, Skipjack Tuna and Southern Bluefin Tuna Fisheries' ranges. Historical AFMA logbook data for 2005 and 2006 indicate that vessels from the North West Slope Trawl Fishery reported operating in all of these release areas. Additional information on the distribution of fishing effort in the North West Slope Trawl Fishery. It is recommended successful applicants liaise with representatives of the above fishing interests at an early stage in planning operational activities.

W08-7 to W08-10

Shorebirds are likely to be present in the region as the nearby Adele Island is an important site for boobies, frigatebirds and terns. All are listed as migratory and marine species under the EPBC Act and all are also listed under the Convention on Migratory Species (CMS) and either or both of the China-Australia Migratory Bird Agreement (CAMBA) and the Japan-Australia Migratory Bird Agreement (JAMBA).

Dugongs (Dugong dugon) may be present in these areas as the nearby Kimberley coast is an important area for these species which are listed as migratory and marine under the EPBC Act.

Green turtles (Chelonia mydas) are likely to be present in the region as the nearby Browse Island and Scott Reef are important breeding areas for these species. Green Turtles (C. mydas) are listed as vulnerable under the EPBC Act.

Humpback Whales (Me ga ptera novaeangliae) may be present in these areas from July to November. The species is listed as vulnerable under the EPBC Act. The Camden Sound area is recognised as an important calving aggregation area. Exploration activities in these permit areas should be planned in accordance with the EPBC Act Policy Statement 2.1 - Interaction between offshore seismic exploration and whales (May 2007), as prepared by the Department of the Environment and Water Resources. In addition to the standard management measures in Part A of the policy statement, successful applicants should consider additional mitigation measures (i.e. Marine Mammal Observers, aerial spotter surveys and research studies prior to exploration) during key times.

W08-7 to W08-10 lie within a military exercise area, the RAAF Curtain Air to Air Weapons Range R811. When activated by a Notice to Airmen (NOTAM), the restricted airspace can operate down to sea level. Successful applicants will need to liaise with the Department of Defence during the planning phase of operations and to 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 Aeronautical Information Service (RAAF AIS).

Successful applicants will need to liaise closely with the RAAF and RAN on timing and location of any proposed exploration activities or permanent structures early in the planning phase.

Potential applicants should also note that, as the areas are used for live firings, unexploded ordnance may exist on the sea floor. This carries with it an associated risk of detonation, which will be borne by the applicants. As such, the Australian Government provides no guarantee or indemnity to title holders or others with regard to the safety or whereabouts of unexploded ordnance in such areas.

W08-9 and W08-10

These areas are within the Western Tuna and Billfish, North West Slope Trawl, Skipjack Tuna and Southern Bluefin Tuna Fisheries' ranges. Historical AFMA logbook data for 2005 and 2006 indicate that no vessels reported operating in either of these proposed release areas. As fishing activity may vary year to year, it is recommended successful applicants liaise with representatives of the above fishing interests at an early stage in planning operational activities.

W08-11

These areas are within the Northern Prawn, Western Tuna and Billfish, Skipjack Tuna and Southern Bluefin Tuna Fisheries' ranges. Historical AFMA logbook data for 2005 and 2006 indicate that the North West Slope Trawl Fishery has been active and the Northern Prawn Fishery (NPF) has been very active in these areas. The NPF seasons are generally mid March to the end of May and mid August to December and these seasons are periods of extensive fishing activity. Accordingly successful applicants will need to liaise with representatives of the above fishing interests at an early stage in planning operational activities.

W08-11 to W08-15

Migratory shorebirds are likely to be present in the region between July and October and again between March and April as the nearby Eighty Mile Beach is an important site for birds of the East Asian-Australasian Flyway. Migratory shorebirds are listed as migratory and marine species under the EPBC Act and all are also listed under the Convention on Migratory Species (CMS) and either or both of the China-Australia Migratory Bird Agreement (CAMBA) and the Japan-Australia Migratory Bird Agreement (JAMBA)

Dugongs (Dugong dugon) may be present in these areas as the nearby Eighty Mile Beach is an important area for these species which are listed as migratory and marine under the EPBC Act.

Flatback Turtles (Natator depressus) are likely to be present in the region as the nearby Eighty Mile Beach is an important rookery for this species. They are listed as vulnerable under the EPBC Act.

Humpback whales (Me ga ptera novaeangliae) may be present in these areas from July to November and are listed as a vulnerable species under the EPBC Act. Exploration activities in these permit areas should be planned in accordance with the EPBC Act Policy Statement 2.1 - Interaction between offshore seismic exploration and whales (May 2007), as prepared by the Department of the Environment and Water Resources. In addition to the standard management measures in Part A of the policy statement, successful applicants should consider additional mitigation measures (i.e. Marine Mammal Observers, aerial spotter surveys and research studies prior to exploration) during key times.

W08-11 to W08-12 and W08-14 to W08-15

The main shipping routes between Port Hedland/Port Walcott and the Indonesian straits pass through these areas. The routes carry significant traffic comprising bulk carriers and LNG vessels. In the case of W08-15, the main west coast shipping route north of Cape Leeuwin and shipping trade to Bunbury also passes through the area.

Exploration activities and infrastructure development in these areas will be subject to some degree of collision risk. Major infrastructure developments may require the Australian Maritime Safety Authority (AMSA) to consider introducing ship routing measures, which may take up to two years to put in place if requiring approval by the International Maritime Organisation.

It is advised that successful applicants make early consultation with AMSA if the afore mentioned activities are proposed.

W08-14 and W08-15

The Common Noddy (Anous stolidus), Lesser Frigatebird (Fre ga ta ariel), Masked Booby (Sula dactylatra) and Brown Booby (Sula leuco ga ster) are known to breed in these areas, and are listed as migratory under the EPBC Act.

These areas are located near the 'Costal Islands - Dixon Island to Cape Keraudren' place, which is listed on the Register of the National Estate. Successful applicants should be aware of the heritage values of this site, which may be obtained from the Australian Heritage Database, and that any proposed exploration activities near these areas are likely to be subject to a high level of environmental scrutiny.

W08-15 and also, to a lesser extent W08-14, cover areas that are seasonally fished for pearl oyster. As this is a dive based activity, successful applicants will need to liaise with representatives of the above fishing interests at an early stage in planning operational activities.

W08-16 and W08-17

Migratory shorebirds are likely to be present in the region between July to October and again between March and April as the nearby Montebello, Lowendal and Barrow Islands are important sites for birds of the East Asian-Australasian Flyway. Migratory shorebirds are listed as migratory and marine species under the EPBC Act and all are also listed under CMS and either or both of CAMBA and JAMBA.

Green Turtles (Chelonia mydas), Hawksbill Turtles (Eretmochelys imbricata), Flatback Turtles (Natator depressus) and Loggerhead Turtles (Caretta caretta) are likely to be present in the region as the nearby Montebello and Barrow Islands are important nesting, feeding and breeding areas for these species. Green Turtles (C. mydas), Flatback Turtles (N. depressus) and Hawksbill Turtles (E. imbricata) are listed as vulnerable under the EPBC Act, and Loggerhead Turtles (C. caretta) are listed as endangered under the EPBC Act.

Humpback Whales (Me ga ptera novaeangliae) migrate through these areas from July to November. Humpback Whales are listed as a vulnerable species under the EPBC Act. Exploration activities in these areas should be planned in accordance with the EPBC Act Policy Statement 2.1 - Interaction between offshore seismic exploration and whales (May 2007), as prepared by the Department of the Environment and Water Resources. In addition to the standard management measures in Part A of the policy statement, successful applicants should consider additional mitigation measures (i.e. Marine Mammal Observers, aerial spotter surveys and research studies prior to exploration) during key times.

Resident populations of Bottlenose Dolphins (Tursiops truncatus), listed as a cetacean under the EPBC Act, and Indo-Pacific humpback dolphins (Orcaella heinsohni), listed as migratory and a cetacean under the EPBC Act, may also be present in the area.

These areas are within the Western Tuna and Billfish, Western Deepwater Trawl, North West Slope Trawl, Skipjack Tuna and Southern Bluefin Tuna Fisheries' ranges. Historical AFMA logbook data for 2005 and 2006 indicate that vessels from the North West Slope Trawl Fishery reported operating in both of these release areas. Additional information on the distribution of fishing effort in the North West Slope Trawl Fishery. It is recommended successful applicants liaise with representatives of the above fishing interests at an early stage in planning operational activities.

W08-18 to W08-20

Ningaloo Marine Park and Ningaloo Marine Park (Commonwealth Waters) are Marine Protected Areas and are recognised as having high conservation values. Any proposal needs to be considered in relation to the identified conservation values and potential threats of significant environmental impacts to those values.

The Ningaloo Commonwealth Marine Area is also on the Commonwealth Heritage List. Successful applicants should be aware of the heritage values of this site, which may be obtained from the Australian Heritage Database, and that any proposed exploration activities in nearby areas are likely to be subject to a high level of environmental scrutiny.

Migratory shorebirds are likely to be present in the region as the nearby North West Cape and surrounds are breeding sites for terns and shearwaters. Migratory shorebirds are listed as migratory and marine species under the EPBC Act and all are also listed under CMS and either or both of CAMBA and JAMBA.

Whale Sharks (Rhincodon typus) may be present in these areas between March and May as the nearby Ningaloo Reef is an important aggregation site for this species. Whale Sharks (R. typus) are listed as a migratory and vulnerable species under the EPBC Act.

Dugongs (Dugong dugon) may be present in these areas as the nearby Ningaloo Reef and Exmouth Gulf are important areas for this species. This species is listed as migratory and marine under the EPBC Act.

Loggerhead Turtles (Caretta caretta) and Green Turtles (Chelonia mydas) may be present in these areas as the nearby Ningaloo Reef/North West Cape/Exmouth Gulf region is an important nesting area for these species. The nearby Serrurier Island is also a major nesting area and feeding ground for the Green Turtle (C. mydas). Flatback Turtles (Natator depressus) may be present as the adjacent Thevenard Island is an important rookery for this species. Green Turtles (C. mydas) and Flatback Turtles (N. depressus) are listed as vulnerable and Loggerhead Turtles (C. caretta) are listed as endangered under the EPBC Act.

Humpback Whales (Me ga ptera novaeangliae) migrate through these areas from July to November. Humpback whales are listed as a vulnerable species under the EPBC Act. The nearby Exmouth Gulf is an important resting area for migrating humpbacks. Exploration activities in these areas should be planned in accordance with the EPBC Act Policy Statement 2.1 - Interaction between offshore seismic exploration and whales (May 2007), as prepared by the Department of the Environment and Water Resources. In addition to the standard management measures in Part A of the policy statement, successful applicants should consider additional mitigation measures (i.e. Marine Mammal Observers, aerial spotter surveys and research studies prior to exploration) during key times.

W08-18 to W08-20 lie within restricted airspace R861, R862 snf R854 and the Learmonth Air to Air Weapons Range DPA. As such access may be restricted with all sea and air craft possibly being ordered to evacuate the DPA 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 the Department of Defence during the planning phase of operations and to 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 Aeronautical Information Service (RAAF AIS).

Successful applicants will need to liaise closely with the RAAF and RAN on timing and location of any proposed exploration activities or permanent structures early in the planning phase.

Potential applicants should also note that, as the areas are used for live firings, unexploded ordnance may exist on the sea floor. This carries with it an associated risk of detonation, which will be borne by the applicants. As such, the Australian Government provides no guarantee or indemnity to title holders or others with regard to the safety or whereabouts of unexploded ordnance in such areas.

W08-21 and W08-22

Sperm Whales (Physeter macrocephalus) may be present in these areas, and Minke Whales (Balaenoptera acutorostrata), Fin Whales (Balaenoptera physalus) and Blue Whales (Balaenoptera musculus) may migrate through this area. All these species are listed as migratory under the EPBC Act, and the Blue Whale (B. musculus) is also listed as endangered.

W08-18 to W08-22

These areas are within the Western Tuna and Billfish, Western Deepwater Trawl, Skipjack Tuna and Southern Bluefin Tuna Fisheries' ranges. Historical AFMA logbook data for 2005 and 2006 indicate that vessels from the Western Tuna and Billfish Fishery reported operating in all of these release areas. It is recommended successful applicants liaise with representatives of the above fishing interests at an early stage in planning operational activities.

WA08-23 and WA08-24

These areas, particularly the Perth Canyon and Geographe Bay, are known feeding aggregation areas for the Blue Whale (Balaenoptera musculus) between December and April, which is listed as endangered under the EPBC Act. These areas are also recognised aggregation areas for the Humpback Whale (Me ga ptera novaeangliae) between June and November. The Southern Right Whale (Eubalaena australis) is also known to occur in this area between May and November. Exploration activities in these areas should be planned in accordance with the EPBC Act Policy Statement 2.1 - Interaction between offshore seismic exploration and whales (May 2007), as prepared by the Department of the Environment and Water Resources. In addition to the standard management measures in Part A of the policy statement, successful applicants should consider additional mitigation measures (i.e. Marine Mammal Observers, aerial spotter surveys and research studies prior to exploration) during key times.

The Tristan Albatross (Diomedea dabbenena) and Indian Yellow-nosed Albatross (Thalassarche carteri) may forage in these areas. Under the EPBC Act these species are listed as endangered and vulnerable, respectively.

These areas are within the Western Tuna and Billfish, Western Deepwater Trawl, Small Pelagic, Skipjack Tuna and Southern Bluefin Tuna Fisheries' ranges. Historical AFMA logbook data for 2005 and 2006 indicate that vessels from the Western Tuna and Billfish Fishery reported operating in all of both release areas. In addition, vessels from the Western Deepwater Trawl Fishery also reported operating in the area of W08-24. It is recommended successful applicants liaise with representatives of the above fishing interests at an early stage in planning operational activities.

These areas are within the State based rock lobster fishery. Successful applicants will need to liaise with the WA Department of Fisheries in the first instance when planning operational activities.

W08-23 and W08-24 overlap a military exercise area, the West Australia Exercise Area (WAXA) and the Defence Practice Areas R119 G & F. These areas are used by the Royal Australian Air Force (RAAF) and the Royal Australian Navy (RAN) for all military operations including live weapons and missile firing. Applicants are advised that defence exercise schedules are variable and may change at short notice. As such access may be restricted with all sea and air craft possibly being ordered to evacuate the DPA at short notice.

Successful applicants will need to liaise closely with the RAAF and RAN on timing and location of any proposed exploration activities or permanent structures early in the planning phase.

Potential applicants should also note that, as the areas are used for live firings, unexploded ordnance may exist on the sea floor. This carries with it an associated risk of detonation, which will be borne by the applicants. As such, the Australian Government provides no guarantee or indemnity to title holders or others with regard to the safety or whereabouts of unexploded ordnance in such areas.

WA08-24

This area is in the vicinity of listed wetlands of international importance (Ramsar listed wetlands). Exploration activities are therefore more likely to require assessment and approval under the EPBC Act. Successful applicants should be aware that any proposed exploration activities are likely to be subject to a high level of environmental scrutiny.