Special Notices Concerning Titleholder Obligations and the Rights and Interests of Others
Notices for Specific Areas
- Special Notices – Areas off Northern Territory and Territory of Ashmore and Cartier Islands
- Special Notices – Areas off Western Australia
- Special Notices – Areas off Victoria
Special Notices – Areas off Northern Territory and Territory of Ashmore and Cartier Islands
NT07–1 to NT07-5
Humpback Whales may be present in these areas from late August to early October. The Humpback Whale is listed as a vulnerable species under the EPBC Act. Successful applicants should be aware that any proposed exploration activities during this period are likely to be subject to a high level of environmental scrutiny.
Areas NT07-2 to NT07-5 overlap a Military Exercise Area (the North Australia Exercise Area, NAXA) including R230C and R264C, 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 firings. Applicants are advised that defence exercise schedules are variable and may change 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 during the planning phase.
Areas NT07-3 to NT07-5 also overlap a Defence Practice Area (DPA), R225. As such access may be restricted with all sea and air craft possibly being ordered to evacuate the DPA at short notice.
Potential applicants should also note that, as all the above 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.
Areas NT07-2 to NT07-5 also coincide with military restricted airspace areas (R230C and R264C, D, E, F & G). 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 on the register of structures database that is maintained by the Royal Australian Air Force Aeronautical Information Service (RAAF AIS).
Contact details for the various Defence activities are set out under ‘Notices for All Areas’.
The Northern Prawn Fishery and the Western Tuna and Billfish Fisheries extend across release areas NT07-1 to NT07-5. They coincide with an especially important fishing area for the Northern Prawn Fishery with highest activity from April to late May and from August to late November. Accordingly, due to extensive fishing activity during the periods mentioned, successful applicants will need to liaise with representatives of both fisheries, but particularly with the Northern Prawn Fishery at an early stage in planning operational activities for these areas.
In addition, several Northern Territory based fisheries operate across NT07-1 to NT07-5 including Timor Reef, Spanish Mackerel, Demersal, Offshore Net and Line, Finfish Trawl and Coastal Line fisheries. 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: imsmith@ntsc.com.au
AC07-1 to AC07-5
Areas AC07-1 to AC07-5 are at the outer limit of the migration route of the Humpback Whales from July to September. The Humpback Whale is listed as a vulnerable species under the EPBC Act. Successful applicants should be aware that any proposed exploration activities during this period are likely to be subject to a high level of environmental scrutiny.
All these areas are also in the vicinity of offshore reefs that have Commonwealth Heritage listing. In addition, AC07-4 and AC07-5 are within about 5 km or less from the Ashmore Reef National Nature Reserve and the Cartier Island Marine Reserve respectively. Both of these Marine Protected Areas (MPAs) are recognised as having high conservation value and therefore have a greater likelihood of significant environmental impacts. All five areas 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.
AC07-4 and AC07-5 are in the vicinity of a previously used Defence Practice Area which extended in a 10 km radius from the centre of Cartier Island.
Potential applicants should therefore note that, as all the above areas were 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 the areas.
The North West Slope Trawl Fishery and the Western Tuna and Billfish Fisheries extend across release areas AC07-1 to 3. Area AC07-2 is of special significance to the North West Slope Trawl Fishery. Even though there has been no fishery activity reported in the last 5 years for AC07-4 and 5, successful applicants will need to liaise with representatives of the above fishing interests at an early stage in planning operational activities for all these areas.
NT07-1 and AC07–1 to AC07-5
In 2003, East Timor declared an exclusive economic zone and continental shelf extending two hundred nautical miles from its baselines which overlaps with AC07-1 to 5 and NT07-1. Australia does not recognise the East Timorese claim to the extent that it overlaps areas over which Australia exercises jurisdiction. Australia has exercised exclusive sovereign rights over these areas for an extended period of time, and has notified East Timor that it will continue to do so.
Upon its entry into force, the Treaty on Certain Maritime Arrangements in the Timor Sea (CMATS Treaty), signed on 12 January 2006, will oblige East Timor and Australia to refrain from asserting or pursuing, in relation to the other Party, claims to sovereign rights, jurisdiction or maritime boundaries for 50 years. Under the CMATS Treaty, Australia will continue regulating and authorising petroleum activities outside the JPDA and south of the 1972 Australia-Indonesia seabed boundary.
Special Notices – Areas off Western Australia
W07-1 to W07–3
In 2003, East Timor declared an exclusive economic zone and continental shelf extending two hundred nautical miles from its baselines which overlaps with W07-1 to 3. Australia does not recognise the East Timorese claim to the extent that it overlaps areas over which Australia exercises jurisdiction. Australia has exercised exclusive sovereign rights over these areas for an extended period of time, and has notified East Timor that it will continue to do so.
Upon its entry into force, the Treaty on Certain Maritime Arrangements in the Timor Sea (CMATS Treaty), signed on 12 January 2006, will oblige East Timor and Australia to refrain from asserting or pursuing, in relation to the other Party, claims to sovereign rights, jurisdiction or maritime boundaries for 50 years. Under the CMATS Treaty, Australia will continue regulating and authorising petroleum activities outside the JPDA and south of the 1972 Australia-Indonesia seabed boundary.
W07-1 to W07-3 are in the vicinity of offshore reefs that have Commonwealth Heritage listing. 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.
Parts of W07-1 to W07-3 that lie west of around 126 degrees longitude may overlap migration routes of the Humpback Whales from late July to early October. The Humpback Whale is listed as a vulnerable species under the EPBC Act. Successful applicants should be aware that any proposed exploration activities during this period are likely to be subject to a high level of environmental scrutiny.
W07-1 to W07-4
The Western Tuna and Billfish Fisheries extend across release areas W07-1 to 4 and the Northern Prawn Fishery extends across W07-4. Even though there has been no fishery activity reported across these areas in the last 5 years, successful applicants will need to liaise with representatives of the above fishing interests at an early stage in planning operational activities.
W07-4
This area may be within the migration route of the Humpback Whales from late July to early October. The Humpback Whale is listed as a vulnerable species under the EPBC Act. Successful applicants should be aware that any proposed exploration activities during this period are likely to be subject to a high level of environmental scrutiny.
W07-4 also overlaps a military exercise area (the North Australia Exercise Area, NAXA) including R264G. This area is used by the Royal Australian Air Force (RAAF) and the Royal Australian Navy (RAN) for all military operations including live weapons and missile firings. Applicants are advised that defence exercise schedules are variable and may change 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 during the planning phase.
Potential applicants should also note that, as the above area is 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.
The release area also coincides with military restricted airspace area R264G. 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 on the register of structures database that is maintained by the Royal Australian Air Force Aeronautical Information Service (RAAF AIS).
Contact details for the various Defence activities are set out above under ‘Notices for All Areas’.
W07-5 to W07-7
The North West Slope Trawl Fishery and the Western Tuna and Billfish Fisheries extend across these areas. W07-6 and W07-7 coincide with important fishing areas for the North West Slope Trawl Fishery. Successful applicants will need to liaise with representatives of the above fishing interests at an early stage in planning operational activities.
W07–5 to W07–15
These areas are in the vicinity of offshore reefs that have Commonwealth
Heritage listing. Exploration activities are therefore more likely
to require assessment and approval under the EPBC.
Areas W07-5 to W07-15 are also within known calving areas from July to late September for the Humpback Whale which is listed as a vulnerable species 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.
Release areas W07-5 to 15 coincide with State based fisheries. The Northern Demersal Scalefish Managed Fishery coincides with these areas and the Broome Prawn Fishery and some commercial pearling occur in W07-12 and W07-15.
Successful applicants will need to liaise with the WA Department of Fisheries in the first instance, and then with the representative body:
Senior Policy Officer
Environment Assessment
WA Department of Fisheries
Locked Bag 39
CLOISTERS SQUARE WA 6850
Telephone: +61 8 9482 7375
Fax: +61 8 9482 7389
WA Fishing Industry Council
Suite 6, 41 Walters Drive
OSBOURNE PARK WA 6017
Telephone: +61 8 9492 8888
W07-8 to W07-11
The North West Slope Trawl Fishery, the Northern Prawn Fishery and the Western Tuna and Billfish Fisheries extend across these areas. W07-8 coincides with an important fishing area for the North West Slope Trawl Fishery and the Northern Prawn Fishery. Successful applicants will need to liaise with representatives of the above fishing interests at an early stage in planning operational activities.
W07-7 to W07-13
All these areas overlap a military exercise area (Curtin Air to Air Weapons Range, R811). These areas are used by Defence for live weapons and missile firings. Applicants are advised that defence exercise schedules are variable and may change at short notice.
Successful applicants will need to liaise closely with the RAAF on timing and location of any proposed exploration activities or permanent structures during the planning phase.
Potential applicants should also note that, as the above 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.
The Curtin Air to Air Weapons Range, R811 is also a military restricted airspace. 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 on the register of structures database that is maintained by the Royal Australian Air Force Aeronautical Information Service (RAAF AIS).
Contact details for the various Defence activities are set out above under ‘Notices for All Areas’.
W07-12 to W07-17
The North West Slope Trawl Fishery and the Western Tuna and Billfish Fisheries extend across these areas. W07-13, W07-14 and W07-16 coincide with especially important fishing areas for the North West Slope Trawl Fishery. Successful applicants will need to liaise with representatives of the above fishing interests at an early stage in planning operational activities.
W07–16 to W07–21
These areas lie close to migration routes of the Humpback Whales from late July to early October. The Humpback Whale is listed as a vulnerable species under the EPBC Act. Successful applicants should be aware that any proposed exploration activities during this period are likely to be subject to a high level of environmental scrutiny.
Areas W07-17 to W07-21 also coincide with State based fisheries including the Pilbara Fish Trawl Fishery and the Pilbara Trap Fishery. Area W07-17 is of particular interest to the trawl fishery.
Successful applicants will need to liaise with the WA Department of Fisheries in the first instance, and then with the representative body. See entry under W07-5 to W07-15 above for contact details.
W07-18 to W07-21
The North West Slope Trawl Fishery and the Western Tuna and Billfish Fisheries extend across these areas with fishing activity in all 4 areas reported over the last 5 years. W07-18 and W07-19 coincide with important fishing areas for the North West Slope Trawl Fishery and W07-18 coincides with an important fishing area for the Western Tuna and Billfish Fisheries. Successful applicants will need to liaise with representatives of the above fishing interests at an early stage in planning operational activities.
These four release areas also coincide with shipping routes used by major bulk carriers from the north-west iron ore ports. These areas are subject to considerable traffic comprised of very large vessels.
Consultation with Australian Maritime Safety Authority (AMSA) is required well before exploration activities commence. As exploratory drilling rigs will be subject to significant hazard, AMSA will require anti-collision measures to be put in place and perhaps ship routing measures developed and charted. These measures may take some time to be implemented particularly if endorsement by the International Maritime Organisation is necessary.
Special Notices – Areas off Victoria
V07–1
A Native title claim, VC97/4 by the Gunai/ Kurnai people, extends over part of V07-1. A map showing the boundary of the claim can be viewed online at the National Native Title Tribunal website.
Successful applicants will need to liaise with the National Native Title Tribunal in the first instance, and then with the representative body:
Case Manager
National Native Title Tribunal - Victoria and Tasmania
GPO Box 9973
Melbourne VIC 3001
Telephone: +61 3 9920 3000
Freecall: 1800 640 501 (within Australia)
Facsimile: +61 3 9606 0680
Email: enquiries@nntt.gov.au
The Chief Executive Officer
Native Title Services Victoria
PO Box 431
NORTH MELBOURNE VIC 3051
Telephone: +61 3 9321 5300
V07–1 and V07–2
The south-east section of V07-1 and the north-west section of V07-2 fall directly over the main shipping route which leads into Bass Strait. These areas are subject to a relatively large volume of concentrated shipping traffic which carries some degree of collision risk.
Consultation with Australian Maritime Safety Authority (AMSA) is required well before exploration activities commence. As exploratory drilling rigs will be subject to significant hazard, AMSA will require anti-collision measures to be put in place and perhaps ship routing measures developed and charted. These measures may take some time to be implemented particularly if endorsement by the International Maritime Organisation is necessary.
V07–1 to V07–3
Areas V07-1 to V07-3 lie on possible migration routes of the Humpback and Southern Right Whales from May to October. The Southern Right and Humpback Whales are listed as endangered and vulnerable species under the EPBC Act respectively. Endangered Blue and vulnerable Fin and Sei Whales may transit these areas to access feeding grounds during between December and May. Successful applicants should be aware that any proposed exploration activities during the above periods are likely to be subject to a high level of environmental scrutiny.
Areas V07-1 to V07-3 are also in the vicinity of onshore sites listed on the Register of the National Estate. Successful applicants should be aware that any proposed exploration activities are likely to be subject to a high level of environmental scrutiny.
Area V07-1 abuts the Point Hicks Marine National Park located in Victorian State Waters. It is also close to the Beware Reef Marine Sanctuary. Successful applicants need to be aware of requirements under s40A of Victoria's National Parks Act 1975 if vessels intend to enter marine national parks in state waters during operations.
The South East Trawl, Gillnet Hook and Trap, Eastern Tuna and Billfish, Small Pelagic, Bass Strait Scallop and Southern Squid Jig Fisheries extend across these release areas. Areas VO7-1 to V07-3 are of major significance to the Gillnet Hook and Trap Fishery and Eastern Tuna and Billfish Fisheries but of especial importance to the South East Trawl Fishery. V07-1 is of significance to the Small Pelagic Fishery. V07-3 coincides with an important area used by the Eastern Tuna and Billfish Fishery. Accordingly, due to extensive fishing activity during the periods mentioned, successful applicants will need to liaise with representatives of the above fisheries at an early stage in planning operational activities for all these areas.