Offshore petroleum facility incidents post Varanus Island, Montara and Macondo: have we really addressed the root cause?

Hunter, Tina (2014) Offshore petroleum facility incidents post Varanus Island, Montara and Macondo: have we really addressed the root cause?. William and Mary Environmental Law and Policy Review, 38 3: 585-612.

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Author Hunter, Tina
Title Offshore petroleum facility incidents post Varanus Island, Montara and Macondo: have we really addressed the root cause?
Journal name William and Mary Environmental Law and Policy Review
ISSN 1091-9724
1943-1104
Publication date 2014
Year available 2014
Sub-type Article (original research)
Open Access Status File (Publisher version)
Volume 38
Issue 3
Start page 585
End page 612
Total pages 28
Place of publication Williamsburg, VA, United States
Publisher College of William and Mary * William & Mary School of Law
Collection year 2015
Language eng
Abstract This Article analyzes the role of offshore petroleum legislation in contributing to offshore facility integrity incidents in Australia’s offshore petroleum jurisdiction. It examines the regulatory framework that existed at the time of the Varanus Island, Montara, and Macondo facility incidents, determining that the regulatory regime contributed to each of these incidents. Assessing the response of the Commonwealth government to the regulatory framework existing at the time of the events, particularly the integration of well regulation as part of the National Offshore Petroleum Safety Authority’s (“NOPSA”) functions and the establishment of a national offshore regulator, this Article determines that while the integration of well management into NOPSA’s functions has been a valuable and a significant improvement. There is still a likelihood that differing standards applied to the regulation of petroleum facilities (“Safety Case Regime”) and wells (“Good Oilfield Practice”), multiple regulators, and regulatory disjuncture may continue to contribute to facility incidents. This Article concludes that the establishment of the National Offshore Petroleum Titles Authority, the retainment of the Joint Authority, and the enhancement of NOPSA’s functions to include environmental management have created a regulatory framework that is complex, increasingly convoluted, and has not addressed the root cause of facility incidents in Australia’s offshore petroleum jurisdictions.
Keyword Offshore petroleum legislation
Integrity incidents
National Offshore Petroleum Safety Authority
Australia
Q-Index Code C1
Q-Index Status Confirmed Code
Institutional Status UQ

Document type: Journal Article
Sub-type: Article (original research)
Collections: Official 2015 Collection
TC Beirne School of Law Publications
 
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Created: Thu, 26 Mar 2015, 17:03:14 EST by Carmen Buttery on behalf of T.C. Beirne School of Law