2023 offshore greenhouse gas storage acreage release: nominated areas for comment

The Department of Climate Change, Energy, the Environment and Water administers the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) and the Underwater Cultural Heritage Act 2018 (UCH Act). The National and World Heritage Branch has prepared a submission in response to the 2023 Offshore Greenhouse Gas Storage Acreage Release below.

If further information is required or if the team has any questions or would like to discuss, please email the Heritage EPBC inbox, HeritageEPBC.HeritageEPBC@dcceew.gov.au.

Environment Protection and Biodiversity Conservation Act 1999
Heritage places are protected under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) as Matters of National Environmental Significance (MNES). Any action which has, will have or is likely to have a significant impact on MNES requires referral for assessment under the EPBC Act.

The various proposed acreage releases have been identified as near or to the following World, National and Commonwealth heritage places:

World Heritage
- The Ningaloo Coast (WA)
National Heritage
- The West Kimberley (WA)
- Dampier Archipelago (including Burrup Peninsula) (WA)
- The Great Ocean Road and Scenic Environs (VIC)
Commonwealth Heritage
- Ashmore Reef National Nature Reserve (Commonwealth Marine Area)
- Scott Reef and Surrounds (Commonwealth Marine Area)
World and National Heritage
• Statements of Outstanding Universal Value for the relevant World Heritage properties are available on the UNESCO website:
o SOUV The Ningaloo Coast
• Murujuga Cultural Landscape (on the Dampier Peninsula) is on Australia’s World Heritage Tentative List. As yet there is no current boundary but the UNESCO website provides some details here: https://whc.unesco.org/en/tentativelists/6445/
• The West Kimberley National Heritage Place (which has a large marine component) is also relevant. The gazetted statement of heritage values is here: https://www.environment.gov.au/cgi-bin/ahdb/search.pl?mode=place_detail;place_id=106063
• The Great Ocean Road and Scenic Environs National Heritage Place (which includes the views from the site out into the coastline and seascape): Proponents for proposals within the proposed release areas will need to be alerted that these view fields are protected and that a view field analysis could be required as part of approvals under the EPBC Act.
o The map of the extent of the Great Ocean Road and Scenic Environs National Heritage place is here: 1058755.pdf (dcceew.gov.au)
o The gazetted statement of heritage values is here: Australian Heritage Database (environment.gov.au)

Underwater Cultural Heritage Act
The Department of Climate Change, Energy, the Environment and Water administers the Underwater Cultural Heritage Act 2018 (UCH Act). The requirements of the UCH Act are separate to those of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) and to those of the Environment Plan, or the Offshore Proposal processes regulated by NOPSEMA.

The Department recommends that any proponent who is planning to undertake activities in the offshore environment should engage a suitably qualified and experienced maritime or underwater archaeologist for advice on how to mitigate risks associated with protected underwater cultural heritage (UCH). The Department recommends that proponents undertake a Desktop UCH Assessment to identify known and potential UCH resource in the environment that may be impacted by and activity and to propose a forward work program for additional UCH Impact Assessment if required. A detailed assessment program should be aimed at adequately describing and assessing the UCH resource, identifying potential risks of impact to it, and proposing mitigation measures to adequately reduce the risk of or avoid impacts.

Below is a summary of relevant legislative requirements and additional considerations that may be relevant to proponents.

Summary of relevant requirements of the UCH Act
• The UCH Act gives automatic protection to specified UCH.
 All remains of vessels and their associated articles that have been in Australian waters for at least 75 years are automatically protected.
 The Act also provides automatic protection for all remains of aircraft, and their associated articles that have been in Commonwealth waters for at least 75 years.
 These UCH remains and articles are protected whether or not their existence or location is known and whether located or unlocated.
• The UCH Act provides that UCH may be declared to be protected by the Minister (for the Environment).
 This protection may be declared for articles of First Nations UCH, the remains of vessels or aircraft that have been in relevant jurisdictional waters for less than 75 years, or other UCH, and any other associated article the Minister assesses to have heritage value.
• The UCH Act provides that UCH may be provisionally declared to be protected by the Minister.
 This protection may be declared for First Nations UCH, the remains of vessels or aircraft, and any other associated article the Minister assesses to have heritage value.
• The UCH Act provides that a person commits an offence if they engage in conduct that has, will have or is likely to have an adverse impact on protected UCH without a permit.
 Adverse impacts include directly or indirectly disturbing or otherwise damaging protected UCH or causing the removal of protected UCH from waters or its archaeological context.
• The UCH Act provides that the discovery of specified UCH must be notified.
 This obligation includes any articles that appear to be of an archaeological nature including First Nations UCH, the remains of vessels or aircraft, and any associated articles.

Proponents should consider potential impacts to First Nations UCH
Following the discovery of First Nations UCH sites in Murujuga Sea Country (north-western Australia) the Department acknowledges the potential for First Nations cultural heritage remains to occur within Australian waters up to depths of approximately 130-140 meters. First Nations cultural heritage may still be situated on Australia’s former landmass.
Proponents are strongly encouraged to engage early and often with First Nations people who may have an interest in a proposal in the nearshore and offshore environments. Proponents should seek input as early in the project planning phase as possible to ensure First Nations people are given the opportunity to voice concerns and assist in the design of an adequate assessment program to protect UCH. The Department recommends that proponents have regard to the Interim Engaging with First Nations People and Communities on Assessments and Approvals under the EPBC Act when planning activities that have the potential to impact on First Nations heritage.