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

2023 GHG acreage release – response from Director of National Parks

Thank you for providing the Director of National Parks with the opportunity to comment on the 2023 GHG Acreage Release. The following response relates to proposed acreage titles that are within proximity of Australian Marine Parks and, as a result, could affect the values present.

The Environment Protection and Biodiversity Conservation Act 1999 (the EPBC Act) defines mining as:

operations or activities connected with, or incidental to, the mining or recovery of minerals* or the production of material from minerals, including

prospecting and exploration for minerals; and

milling, refining, treatment, and processing of minerals; and

storage and disposal of minerals and materials produced from minerals.

(Section 355 of the Environment and Biodiversity Conservation Act 1999 available at the Federal Register of Legislation)

*Note: a mineral is defined as a naturally occurring substance or mixture of substances.

The Director of National Parks considers GHG storage where the source is mining or refining of minerals to be mining as defined under the Act. These activities are therefore prohibited in zones where mining is not allowed according to the Management Plan.

In accordance with Australian Marine Park management plans, mining operations are allowable in Multiple Use and Special Purpose Zones (category IUCN VI) and are managed by the relevant network mining class approval. GHG activities except for exploration are not covered by the existing Class Approvals and would be assessed under the management plan.

We note the following proposed acreage titles are within proximity to more highly protected zones:

GHG23-5

GHG23-1

GHG23-2

If these titles were to be released, the titleholders would need to clearly demonstrate in their Environmental Plans that impacts of the activity on the park values are acceptable and that all options have been considered to avoid or reduce the impacts to as low as reasonably practicable (ALARP).

The following tables capture feedback in relation to the proposed acreage titles and their spatial relationship to the North, North-west, South-east and South-west networks, noting there are no proposed acreages in the Coral Sea Marine Park and Temperate East marine park network.

South-east Commonwealth Marine Reserves Network

South-east Commonwealth Marine Reserves Network – Management Plan

Acreage Code

Relationship with marine park (inc. values)

Overlapping

Adjacent

Within Proximity

Values to manage at proposed acreage

Feedback from DNP

GHG23-9

Boags MUZ (IUCN VI)

NA

Beagle MUZ (VI) – 44 km

Franklin MUZ (VI) – 60 km

Zeehan MUZ (VI) – 100 km, SPZ (VI) – 147 km

Apollo MUZ (VI) – 108 km

Flinders MUZ (VI) – 178 km,

HPZ (IV) – 209 km

Freycinet MUZ (VI) – 211 km, NPZ (II) – 228 km,

RUZ (IV) – 230 km

Biologically Important Areas

Foraging areas for Black-browed Albatross, Bullers Albatross, Campbell Albatross, Common Diving Petrel, Indian Yellow-nosed Albatross, Pygmy Blue Whale, Short-tailed Shearwater, Shy Albatross (Likely), Wandering Albatross, White-faced Storm Petrel

Distribution for Southern Right Whale and White Shark

Bioregions

Bass Strait Shelf Province

We note that GHG23-9 proposed acreage title overlaps identified values of the Boags Marine Park. This includes Biologically Important Areas for a number of species.

The location of this proposed acreage title could affect the interconnectedness of the Boags Marine Park and impact upon species listed as threatened, migratory, marine and cetacean under the EPBC Act.

It is the preference of the Director of National Parks that the portion of the title GHG23-9 overlapping Boags Marine Park is removed.

If the area remains as drafted, any future activities within this title area would be highly scrutinised by the Director of National Parks through ‘relevant person’ consultation under the OPGGS Act and, where applicable, may require authorisation by the Director of National Parks under the EPBC Act.

GHG23-8

NA

NA

Apollo MUZ (VI) – 48 km

Zeehan SPZ & MUZ (VI) – 103 km

Nelson SPZ (VI) – 167 km

Franklin MUZ (VI) – 221 km

Boags MUZ (VI) – 222 km

Biologically Important Areas

Foraging areas for Antipodean Albatross, Black-browed Albatross, Bullers Albatross, Campbell Albatross, Common Diving Petrel, Indian Yellow-nosed Albatross, Shy Albatross (Likely), Wandering Albatross, Wedge-tailed Shearwater, Pygmy Blue Whale and Short-tailed Shearwater

Distribution area for Pygmy Blue Whale, Southern Right Whale and White Shark

Key Ecological Features

West Tasmania Canyons

Bioregions

Western Bass Strait Shelf Transition

West Tasmania Transition

No specific feedback or objections, noting the need to manage potential impact on marine park values.

GHG23-7

NA

NA

Zeehan MUZ (VI) – 33 km, SPZ (VI) – 36 km

Apollo MUZ (VI) – 36 km

Franklin MUZ (VI) – 152 km

Boags MUZ (VI) – 166 km

Nelson SPZ (VI) – 167 km

Biologically Important Areas

Foraging areas for Antipodean Albatross, Black-browed Albatross, Bullers Albatross, Campbell Albatross, Common Diving Petrel, Indian Yellow-nosed Albatross, Shy Albatross (Likely), Wandering Albatross and Wedge-tailed Shearwater

Distribution area for Pygmy Blue Whale, Southern Right Whale and White Shark

Aggregation area for the Southern Right Whale

Bioregions

Western Bass Strait Shelf Transition

West Tasmania Transition

No specific feedback or objections, noting the need to manage potential impact on marine park values.

GHG23-10

NA

NA

Beagle MUZ (VI) – 70 km

East Gippsland MUZ (VI) – 120 km

Flinders MUZ & HPZ (VI) – 214 km

Biologically Important Areas

Foraging areas for Black-browed Albatross, Bullers Albatross, Campbell Albatross, Common Diving Petrel, Indian Yellow-nosed Albatross, Pygmy Blue Whale, Short-tailed Shearwater, Shy Albatross (Likely), Wandering Albatross,

Distribution areas for Southern Right Whale and White Shark

Breeding areas for the White Shark

Key Ecological Features

Upwelling East of Eden

Bioregions

Southeast Shelf Transition

Southeast Transition

No specific feedback or objections, noting the need to manage potential impact on marine park values.

North-west and North Marine Park Networks

North-west Network - Management Plan

North Network – Management Plan

Acreage Code

Relationship with marine park (inc. values)

Overlapping

Adjacent

Within Proximity

Values to manage at proposed acreage

Feedback from DNP

GHG23-5

NA

Gascoyne MUZ (VI)

Ningaloo RUZ (IV) – 28 km

Montebello MUZ (VI) – 45 km

Dampier HPZ (IV) – 220 km

Biologically Important Areas

Breeding areas for Fairy Tern, Lesser Crested Tern, Roseate Tern and Wedge-tailed Shearwater

Internesting areas for Flatback Turtle, Green Turtle, Hawksbill Turtle and Loggerhead Turtle

Migration area for the Humpback Whale

Distribution area for the Pygmy Blue Whale

Foraging area for the Whale Shark

Key Ecological Features

Ancient coastline at 125 m depth contour

Canyons linking the Cuvier Abyssal Plain and the Cape Range Peninsula

Continental Slope Demersal Fish Communities

Bioregions

Northwest Shelf Province

It is the preference of the Director of National Parks that title GHG23-5 is not granted due to it being adjacent to the Ningaloo Coast World Heritage area, within which the Ningaloo Marine Park is located, and the increased environmental risk to the values within these parks in the event of an uncontrolled hydrocarbon spill.

Although this title does not overlap an Australian Marine Park, it is within 30 km from the Ningaloo World Heritage Area and Ningaloo Marine Park Recreation Zone (IUCN IV).

Should, GHG23-5 remain in place after this consultation process, any future activities within the title area would be highly scrutinised by the Director of National Parks through ‘relevant person’ consultation.

GHG23-4

Montebello MUZ (VI)

NA

Ningaloo RUZ (IV) – 91 km

Gascoyne MUZ (VI) – 113 km

Dampier HPZ (IV) – 151 km

Biologically Important Areas

Breeding areas for Fairy Tern, Lesser Crested Tern, Roseate Tern and Wedge-tailed Shearwater

Internesting areas for Flatback Turtle, Green Turtle, Hawksbill Turtle and Loggerhead Turtle

Migration area for the Humpback Whale

Distribution area for the Pygmy Blue Whale

Foraging area for the Whale Shark

Key Ecological Features

Ancient coastline at 125 m depth contour

Bioregions

Northwest Shelf Province

We note that the proposed acreage title GHG23-4 overlaps identified values of the Montebello Marine Park.

This includes the Ancient coastline at 125 m depth contour Key Ecological Feature and a number of Biologically Important Areas.

The location of this proposed title could affect the interconnectedness of the Montebello Marine Park and impact upon species listed as threatened, migratory, marine and cetacean under the EPBC Act.

It is the preference of the Director of National Parks that the portion of the title GHG23-4 overlapping Montebello Marine Park is removed.

If the area remains as drafted, any future activities within these title areas would be highly scrutinised by the Director of National Parks through ‘relevant person’ consultation under the OPGGS Act and, where applicable, require authorisation by the Director of National Parks under the EPBC Act.

GHG23-1

NA

NA

Oceanic Shoals MUZ (VI) – 70 km

Kimberley MUZ (VI) – 114 km

Cartier Island Sanctuary Zone (Ia) – 126 km

Ashmore Reef Sanctuary Zone (Ia) – 161 km

Biologically Important Areas

Foraging area for the Whale Shark

Key Ecological Features

Carbonate bank and terrace system of the Sahul Shelf

Bioregions

Northwest Shelf Transition

We note that GHG23-1 is in proximity to Sanctuary Zones (IUCN Ia).

This is the most highly protected zone type, managed to conserve ecosystems, habitats, and native species in as natural and undisturbed a state as possible (Attachment A).

Any future activities within these titles’ areas would be highly scrutinised by the Director of National Parks through ‘relevant person’ consultation under the OPGGS Act.

GHG23-2

Kimberley MUZ (VI)

NA

Kimberley NPZ (II) – 30 km

Argo-Rowley Terrace MUZ (VI) – 138 km

Biologically Important Areas

Breeding areas for Greater Frigatebird, Lesser Frigatebird, Red-footed Booby

Distribution area for the Pygmy Blue Whale

Foraging area for the Whale Shark

Key Ecological Features

Continental Slope Demersal Fish Communities

Ancient coastline at 125 m depth contour

Ashmore Reef and Cartier Island and surrounding Commonwealth waters

Bioregions

Northwest Shelf Province

Timor Province

It is the preference of the Director of National Parks that title GHG23-2 is not granted due to the potential impact to identified values of Kimberley Marine Park, and its proximity to highly protected areas within the Kimberley Marine Park.

We note that the proposed acreage title GHG23-2 overlaps identified values of the Kimberley Marine Park.

This includes the Continental Slope Demersal Fish Communities and the ancient coastline at the 125m depth contour Key Ecological Features. The area also includes a number of Biologically Important Areas.

The location of this proposed title could affect the interconnectedness of the Kimberley Marine Park and impact upon species listed as threatened, migratory, marine and cetacean under the EPBC Act.

If the area remains as drafted, any future activities within these title areas would be highly scrutinised by the Director of National Parks through ‘relevant person’ consultation under the OPGGS Act and, where applicable, require authorisation by the Director of National Parks under the EPBC Act.

GHG23-3

NA

NA

Eighty Mile Beach MUZ (VI) – 122 km

Dampier (II) -80 km

Montebello (VI) – 120 km

Biologically Important Areas

Breeding areas for the Wedge-tailed Shearwater

Foraging for the Whale Shark

Distribution area for the Pygmy Blue Whale

Bioregions

Northwest Shelf Province

Key Ecological Features

Ancient coastline at 125m depth contour

No specific feedback or objections, noting the need to manage potential impact on marine park values.

South-west Marine Park Network

South-west Network – Management Plan

Acreage Code

Relationship with marine park (inc. values)

Overlapping

Adjacent

Within Proximity

Values to manage at proposed acreage

Feedback from DNP

GHG23-6

Abrolhos SPZ (VI)

NA

Jurien SPZ (VI) – 20 km

Jurien NPZ (II) – 74 km

Biologically Important Areas

Foraging for Australia Sea Lions

Foraging for the Australia Bridled Tern, Caspian Tern, Fairy Tern, Little Shearwater, Pacific Gull, Roseate Tern, Soft Plumaged Petrel, Wedge Tailed Shearwater, Sooty Tern, White Faced Storm Petrel

Migration for Pygmy Blue Whales. Humpback Whales

Distribution for Pygmy Blue Whales

Foraging for While Sharks

Key Ecological Features

Western Rock Lobster

Western demersal slope and associated fish communities

Bioregions

Southwest Shelf Transition

We note that the proposed acreage title GHG23-6 overlaps identified values of the Abrolhos and Jurien marine parks.

This includes the Western Rock Lobster and Western demersal slope and associated fish communities Key Ecological Features. The area also includes a number of BIAs

The location of this proposed title could affect the interconnectedness of the Abrolhos and Jurien Marine Parks and impact upon species listed as threatened, migratory, marine and cetacean under the EPBC Act.

It is the preference of the Director of National Parks that the portion of the title GHG23-6 overlapping the Special Purpose Zone of Abrolhos Marine Park is removed.

As such, any future activities within these title areas would be highly scrutinised by the Director of National Parks through ‘relevant person’ consultation under the OPGGS Act and, where applicable, require authorisation by the Director of National Parks under the EPBC Act.

Future GHG and carbon capture activities

NOPSEMA’s assessment process explicitly takes into consideration impacts on matters protected under the Environment Protection and Biodiversity Conservation Act 1999, including Australian Marine Parks. Environment Plans must include relevant information and analysis that underpins a clear and well-founded case for why the titleholder determines that:

the Environment Plan is not inconsistent with the Australian Marine Park management plans; and

the environmental impacts and risks of the activity are of an acceptable level and reduced to ALARP.

The Director of National Parks is a ‘relevant person’ under the Offshore Petroleum and Greenhouse Gas Storage (Environment) Regulations 2009. This means the Director of National Parks must be consulted by titleholders when preparing Environment Plans for greenhouse gas storage activities proposed inside Australian Marine Parks or that may affect Australian Marine Parks.

The Director of National Parks works closely with NOPSEMA to ensure Australian Marine Park values are appropriately considered. The Director of National Parks and NOPSEMA developed the guidance note ‘Petroleum activities and Australian marine parks’, available on the NOPSEMA website at https://www.nopsema.gov.au/environmental-management/environment-resources/. The guidance note outlines what titleholders need to consider and evaluate when preparing an Environment Plan. It provides guidance on the key management arrangements and requirements that are relevant to petroleum and greenhouse gas activities that may affect Australian Marine Parks regardless if the activity is inside or outside a park.

The most up to date information on mining activities and Australian Marine Parks can be found on the Parks Australia website at https://parksaustralia.gov.au/marine/activities/do-i-need-an-approval/mining/ .

Attachment A - Summary of Australian Marine Park zones

Special Purpose Zone (SPZ) (IUCN category VI)—managed to allow specific activities though special purpose management arrangements while conserving ecosystems, habitats and native species. The zone allows or prohibits specific activities.

Multiple Use Zone (MUZ) (IUCN category VI)—managed to allow ecologically sustainable use while conserving ecosystems, habitats and native species. The zone allows for a range of sustainable uses, including commercial fishing and mining where they are consistent with park values.

Habitat Protection Zone (HPZ) (IUCN category IV)—managed to allow activities that do not harm or cause destruction to seafloor habitats, while conserving ecosystems, habitats and native species in as natural a state as possible.

Recreational Use Zone (RUZ) (IUCN category IV)—managed to allow recreational use, while conserving ecosystems, habitats and native species in as natural a state as possible. The zone allows for recreational fishing, but not commercial fishing.

National Park Zone (NPZ) (IUCN category II)—managed to protect and conserve ecosystems, habitats and native species in as natural a state as possible. The zone only allows non-extractive activities unless authorised for research and monitoring.

Sanctuary Zone (SZ) (IUCN category Ia)—managed to conserve ecosystems, habitats and native species in as natural and undisturbed a state as possible. The zone allows only authorised scientific research and monitoring.