NOPSEMA Regulatory Advice EP Guidance Note APPEA Workshop 14 August 2012
EP Guidance Note Project: Objectives • Develop useful, understandable and practical guidance • Provide clear descriptions of NOPSEMA’s interpretation of regulatory requirements for environment plan (EP) content (administrative processes dealt with separately) • Consistent with OPGGS(E) Regulations, with a reasonable and justifiable basis • Consistent with objective-based regime – Focus on ‘what needs to be demonstrated’ not ‘how to demonstrate’ • Avoid regulatory “creep” – expansion of requirements beyond Regulations
EP Guidance Note Project: Scope and Priorities • Key topic areas noted from Perth workshop (March 2012): – Line-of-sight to Regulations – ALARP – Consultation – Risk assessment processes – Performance Objectives, Standards and Measurement Criteria
EP Guidance Note Project: Development • Following EP Guidance workshop, NOPSEMA reviewed: – Objectives of guidance note project – Feedback from operators workshop – Guidance note structure and alignment with Regulations – Review of relevant standards • Outcomes: – Restructure guidance notes to emphasise process and content requirements of Regulations – Maintain focus on risk management, ALARP, Performance Objectives, Standards, Consultation, etc.
Process Model Evolution AS/NZS ISO 31000 System-based interpretation of Regulations Approach: • EP Guidance Notes - adopt a system-based model as basis • Structured on process elements • All priority issues/topics raised will be covered
EP Advice Structure OPGGS Act OPGGS Act Environmental Management Law OPGGS (Environment) OPGGS (Environment) Regulations Regulations Policy Policy Guidelines Guidelines and Guidance and Guidance Advice Notes Notes Other Other Advice Advice
EP Advice: Forward Plan 1. EP Guidance Note: Overview – In preparation (this presentation) 2. EP Guidance Notes: Detailed processes and elements – Prioritised development of a range of guidance documents providing detailed explanation of individual Regulation processes and elements – Due for publication as soon available (up to 6 months for full series) 3. Other Advice: – Specific technical notes on priority topics e.g. ALARP, OSCP, OSMP
EP Guidance Note: Overview Core Objectives & Concepts Reg 3: Object of Regulations The object of these Regulations is to ensure that any petroleum activity or greenhouse gas storage activity carried out in an offshore area is: a) carried out in a manner consistent with the principles of ecologically sustainable development ; and b) carried out in accordance with an environmental plan that has: i. appropriate environmental performance objectives and standards ; and ii. measurement criteria for determining whether the objectives and standards have been met. “The main objectives are to ensure that offshore petroleum exploration and development operations are performed in a way that is consistent with the principles of ecologically sustainable development , reduces environmental risks and effects to as low as reasonably practicable and is acceptable .“ Petroleum (Submerged Lands) (Management of Environment) Regulations 1999 No. 228 EXPLANATORY STATEMENT EP Regulation basis: • ESD-based • Performance-based • Risk-based • Objective-based (not Prescription or Self-regulation) • System-based, and consistent with recognised standards and systems (e.g. ISO AS/NZS)
EP Regulation: System-basis • Explanatory Statements are clear, e.g. Select Legislative Instrument 2005 No. 318 P(SL)A 1967 P(SL)(Management of Environment) Amendment Regulations 2005 (No. 1): – “ensure consistency with the Australian Standard for environmental management systems (AS/NZS ISO 14001)” Continual Continual improvement improvement Management Management review review Environmental Environmental Policy Policy Checking Checking Planning Planning Implementation Implementation and operation and operation AS/NZS ISO 14001
EP Regulation: Key principles • NOPSEMA must accept the environment plan if there are reasonable grounds for believing that the environment plan meets the criteria outlined in Regulation 11(1), i.e.: – The Operator provides a reasonable basis for statements made in regard to the requirements, to clearly outline the evidence for how the requirements have been met and to document this in the EP . • The environment plan should be appropriate to the nature and scale of the activity: – All aspects of the environment plan should be appropriate to the nature and scale of the activity or proposed use and are relative to the size, complexity and environmental impact and risk level of an activity – Applies to overall EP and also to its components e.g. for a particular activity, those events with a high potential environmental impact and risk level should receive more attention in an environment plan than those with a low environmental impact and risk level
EP Regulation: Acceptance and Compliance • Planning Phase: Acceptance of the activity’s EP takes place and has two parts: – Activity Acceptance (“Snapshot”): the EP must demonstrate that it meets the requirements of the Regulations and how the activity’s environmental impacts and risks are assessed and managed. This demonstration is submitted for acceptance prior to the activity commencing – Strategy Acceptance (“Ongoing”): the EP must demonstrate that there is a specific ongoing system in place to ensure the activity will be in compliance when it is conducted - the Implementation Strategy , which is a systematic approach that demonstrates EP objectives and Regulations will be met when the activity is conducted • Operations Phase: Monitoring of compliance takes place for the activity. Compliance includes: reporting by the operator to the Regulator; submission of proposed revisions, monitoring by the Regulator; and enforcement by the Regulator.
What are the core processes and elements embodied in the Regulations?
DESCRIBE
DETAIL EVALUATE DEMONSTRATE
PERFORM MONITOR
CONSULT
PLAN TO IMPLEMENT
ENVIRONMENT PLAN PROCESS PROCESS ELEMENT (REGS) ELEMENT (INTERPRETED) ACTIVITY GOALS DESCRIBE 13(1)(2) ENVIRONMENT REQUIREMENTS DETAIL 13(3a) IMPACTS AND RISKS IMPACTS AND RISKS ACCEPTABLE LEVEL CRITERIA DEMONSTRATE 11(1b,c) ALARP EVALUATE 13 (3b) > CONTROLS ACCEPTABLE OBJECTIVES PERFORM 11(1d) 13(4) >MEASUREMENT CRITERIA STANDARDS MONITOR 11 (1e) REPORTING CONSULT 11 (1f) CONSULTATION PLAN TO IMPLEMENT IMPLEMENTATION STRATEGY
EP Process AS/NZS ISO 31000:2009 DESCRIBE DETAIL CONSULT PERFORM MONITOR DETAIL EVALUATE & DEMONSTRATE EVALUATE & DEMONSTRATE
EP Process Establishing the context Communication and consultation Risk identification and analysis Monitoring and review Risk evaluation and treatment
Environment Plan Content Activity assessment Strategy (Plan for implementation) Establishing the context Continual Continual improvement improvement consultation Management Management Monitoring andreview Risk identification & analysis review review Communication and Environmental Environmental Policy Policy Checking Checking Risk evaluation and treatment Planning Planning Implementation Implementation and operation and operation AS/NZS ISO 14001
From Planning to Operational phase Planning Phase Operational Phase Environment Plan Implementation Acceptance Monitor & Enforce Compliance
Development of EP Core Concepts & Guidance EXAMPLE: PROCESS ELEMENT DESCRIBE ACTIVITY REGULATION 4(1) ( definition of activity); 5 (activity and any stage of an activity); 6 (must have EP in force); 11(1)(a) is appropriate for the nature and scale of the activity or proposed use 13(1) (a-d) The environment plan must contain a comprehensive description of the activity including the following … GUIDANCE: OBJECTIVE: Provide information important to the context of the EP by identifying all the activities at an appropriate level and particularly those activities relevant to impacts and risks. CORE CONCEPTS • The operator must determine if an activity meets the definition of an activity in the Regulation and therefore if an EP is required. • An activity is a petroleum activity as defined in the Regulations and includes the proposed activity and any stages of that activity. • The EP’s description of the activity should be appropriate for the nature and scale of the activity. • The description of the activity provides general and outline details of “where, what, how and when” for an activity and additional information relevant to impacts and risks. • A comprehensive description of activity allows a description of the affected environment and for impacts and risks to be detailed and evaluated. CONSIDERATIONS • The description of the activity is a general section at the beginning of an EP that helps to set the context and allows impact and risk identification and evaluation. • Only activities that are described in the EP are assessed and accepted. • If an activity, or component of an activity, that is relevant to impacts and risks is not described in an EP, then it is not part of the EP acceptance. • The activity description could be further detailed as sub-activities or aspects which are the basis for impact and risk identification and evaluation.
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