PETROLEUM DISCOVERYRELEASE AREA GENERAL AND SPECIFIC NOTICES

OVERVIEWPetroleum legislation requires that offshore operations be carried out in a manner that does not unduly interfere with the rights and interests of others. There is also a need to comply with other requirements and standards set by Australian law. Successful applicants for offshore titles need to have due regard for matters such as:

• Environment and heritage protection;

• Native Title rights and interests;

• Navigation and maritime safety;

• Fishing activities;

• Defence activities;

• Submarine telecommunication cables; and

• Insurance.

In addition to the general advice and requirements that apply to all areas offered for petroleum exploration in the 2013 Offshore Petroleum Exploration Acreage Release (Release Areas), there are also notices giving recommendations and requirements for specific Release Areas.

The attention of potential applicants is drawn to issues set out below, which have been identified through consultation with parties that have existing rights and interests in the Release Areas. The identified requirements for specific Release Areas may result in additional conditions being included in an exploration title document.

These notices are designed to serve as an ongoing reference for successful applicants, as they progress towards meeting their exploration permit work program obligations. The Australian Government does not guarantee that the information contained in this document is accurate or complete. Therefore explorers should not rely solely on information contained in this document when making a commercial decision. Successful applicants are responsible for checking the accuracy of information contained prior to commencing any petroleum exploration operation.

NOTICES FOR ALL AREASField outlines are provided by Encom GPInfo, a Pitney Bowes Software (PBS) Pty Ltd product. Whilst all care is taken in the compilation of the field outlines by PBS, no warranty is provided re the accuracy or completeness of the information, and it is the responsibility of the Customer to ensure, by independent means, that those parts of the information used by it are correct before any reliance is placed upon them. In particular, overlaps between Release Areas and existing petroleum pools or fields should not be relied upon without independent verification.

Border Protection Command

Border Protection Command (BPC) is responsible for coordinating offshore maritime security and contributes to the vital protection of Australia’s important offshore facilities by conducting surface and aerial security patrols.

BPC should be provided with details of any proposed activities to be conducted within Release Areas no less than 14 days prior to undertaking the task. BPC should also be kept appraised of any ongoing activities within these areas.

The point of contact is bpliaison@customs.gov.au.

Defence

The Australian Department of Defence (Defence) operates recognised training areas and special purpose military areas for training and exercises to ensure Australia’s defence capabilities.

Some of the Release Areas coincide with military restricted airspace. When activated by a Notice to Airmen (NOTAM), the restricted airspace can operate down to low altitudes including, at times, to sea level. Non-Defence flying operations are required to be conducted in accordance with NOTAM restrictions. Offshore areas may coincide with Military Exercise Areas (MEA) or Defence Practice Areas (DPA). Potential applicants are advised that the Minister for Defence has the authority, under the Defence Force Regulations1952,

www.petroleum-acreage.gov.au 1DISCLAIMER: This fact sheet has been developed as a guide only. It does not replace or amend information provided in the Offshore Petroleum Legislation, Regulations and Guidelines available at: www.ret.gov.au/offshoreresourceslegislation and www.nopta.gov.au/legislation. In the event that there is a discrepancy between this fact sheet and the legislation, the legislation has precedence. Explorers should not rely solely on this information when making commercial decisions. Image courtesy of Woodside Energy Ltd.

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to declare and Gazette any area of sea or air space as a DPA, for carrying out Defence operations or practice as specified in a NOTAM or a Notice to Mariners (NOTMAR). When a DPA is activated, unauthorised access to the area will be prohibited; access to affected permit areas may also be restricted. Applicants should also be aware that all sea and aircraft can be ordered to evacuate the practice areas at short notice.

As there is potential for unexploded ordnance (UXO) on the sea floor in either MEA or DPA, applicants should be aware of the risks involved in conducting exploration activities. The potential presence of UXO on the sea floor carries with it an associated risk of detonation, which will be borne by the applicants. Defence takes no responsibility for reporting the location and type of ordnance dropped in the areas, for identification of or removal of any UXO, or for any damage sustained to equipment in the unlikely event of UXO detonation. As such, the Australian Government provides no guarantee or indemnity to titleholders or others with regard to the safety or whereabouts of UXO in such areas.

In addition, as training exercises can take place at any time and often involve the use of live fire, permit holders must consult with Defence to minimise the applicant's own risk. Details of Release Areas that coincide with MEA or DPA are provided below in the Notices for Specific Areas.

Locations of restricted and prohibited areas, including maps, are listed in Annual Australian NOTAM and Australian Annual NOTMAR publications, which are available from the Royal Australian Air Force Aeronautical Information Service website (RAAF AIS - Designated Airspace Handbook) and the Royal Australian Navy (RAN) Hydrographic Office website respectively (see addresses below).

Successful applicants will need to liaise with Defence during the planning phase and to notify any exploration activity. Defence requires notification, prior to commencement, of any exploration works, including positions and dimensions (lateral and vertical) of associated infrastructure and permanent infrastructure development, to be undertaken in areas which lie within Defence Restricted Airspace. Details of routes of any associated helicopter support operations are also requested. The appropriate contact details have been provided below.

For all Release Areas, successful applicants will be required to notify the Australian Hydrographic Office, a minimum of three weeks, prior to any exploration works to be undertaken, to assess for impact on maritime industry. Further, the Australian Hydrographic Office requires details of any exploration activity including suspended well heads, including whether the well will be left suspended or plugged and abandoned, or proposed infrastructure developments. This will enable relevant navigational charts to be updated and the issue of appropriate navigational warnings. The appropriate contact details have been provided below.

Successful applicants will need to liaise with Air Force Headquarters during the planning phase and to notify any exploration activity. Titleholders will need to provide positions and dimensions (lateral and vertical) of all associated fixed

and mobile infrastructure including drilling rigs. Additionally, Headquarters Air Command requires advice within 48 hours, of any change in position of exploration activities to avoid conflict with Australian Defence Force exercise activity.

The following Defence contacts will be able to advise of planned Defence activities in specific areas:

General Defence Assistant Secretary, Property Management BranchBP26-G-B003 Department of Defence Canberra ACT 2609Telephone: +61 2 6266 8650 Facsimile: +61 2 6266 8429

Australian Hydrographic Office Mr Mark Bolger Manager Nautical Assessment and MaintenanceChart Production and MaintenanceAustralian Hydrographic Office Locked Bag 8801 Wollongong NSW 2500Telephone: +61 2 4223 6590 Facsimile: +61 2 4223 6599Email: hydro.ntm@defence.gov.au Website: www.hydro.gov.au

Environmental Protection

The Australian Government requires petroleum companies to conduct their activities in a manner that meets a high standard of environmental protection. Of particular importance to the offshore petroleum exploration industry are the requirements of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) and Offshore Petroleum and Greenhouse Gas Storage Act 2006 (OPGGS Act). Under these Acts, there are four main environmental approvals that may be required for petroleum industry activities. These are:

• An Environment Plan under the Offshore Petroleum and Greenhouse Gas Storage (Environment) Regulations 2009 (Environment Regulations);

o This is required for every operational (fieldwork) activity;

• Approval under Chapter 4 of the EPBC Act to undertake an activity that may potentially impact on a matter of National Environmental Significance;

o The most important matters of National Environmental Significance to offshore areas are Commonwealth marine areas, World Heritage areas, National Heritage areas, wetlands of international importance, threatened species and migratory species;

• Approval under Chapter 5, Division 3 of the EPBC Act to undertake activities that may interfere with cetaceans (e.g. whales);

o This is only required at locations and times that cetaceans are likely to be present; and

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• Approval under Chapter 5, Division 4, of the EPBC Act to carry out activities in a Commonwealth Marine Reserve.

Penalties may apply to any activities in breach of the OPGGS Act and EPBC Act.

Offshore Petroleum and Greenhouse Gas Storage Act 2006 and associated regulations

Under the Environment Regulations, an operator must have an accepted Environment Plan in place for a petroleum activity prior to undertaking that activity. The purpose of an Environment Plan is to ensure that petroleum activities are carried out in a manner than is consistent with the principles of ecologically sustainable development and in accordance with appropriate environmental performance objectives, standards and measurement criteria.

A ‘petroleum activity’ is defined in the Environment Regulations and includes any operation or work in an offshore area carried out under a petroleum instrument, other authority or consent granted under the OPGGS Act; and any activity relating to petroleum exploration or development that may have an impact on the environment. The operator is responsible for determining if an activity meets the definition of ‘petroleum activity’ under the Environment Regulations, and for preparation of the Environment Plan for NOPSEMA consideration. The required content of an Environment Plan is detailed within the Environment Regulations (refer Regulation 11) and the Environment Plan must include all elements specified. NOPSEMA will assess the operator’s Environment Plan and decide to either ‘accept’ or ‘refuse to accept’ the Environment Plan then subsequently monitor the operator’s continued compliance with the accepted Environment Plan.

The Environment Regulations also require the Environment Plan to include an Oil Spill Contingency Plan (OSCP) to ensure that the range of credible oil spill risks associated with the activity that have the potential for environmental impact have been detailed, evaluated and adequately prepared for, and that adequately tested response measures are in place.

As an OSCP is considered part of an Environment Plan, it forms part of the Environment Plan assessment process and must be submitted with the Environment Plan. The OSCP must include, amongst other matters, an ongoing implementation strategy and appropriate emergency response arrangements that are appropriate for the nature and scale of the petroleum activity proposed (refer Regulation 14 of the Environment Regulations). An OSCP is subject to the same revision requirements as an Environment Plan and operators are required to regularly test and update the arrangements outlined in the OSCP.

Further information on Environment Plans is available in NOPSEMA Guidance Notes at: http://www.nopsema.gov.au/assets/document/N-04700-GN1074-Environment-Plan-Content-Requirements-Guidance-Note.pdf andhttp://www.nopsema.gov.au/assets/document/N-040700-GN0940-Rev2-Oil-Spill-Contingency-Planning.pdf

Environment Protection and Biodiversity Conservation Act 1999

The EPBC Act is the Australian Government's key piece of environmental legislation. The Australian Government Department of Sustainability, Environment, Water, Population and Communities (SEWPaC) administers the EPBC Act.

The objectives of the EPBC Act are to:

Provide for the protection of the environment, especially matters of national environmental significance

Conserve Australian biodiversity Provide a streamlined national environmental

assessment and approvals process Enhance the protection and management of

important natural and cultural places Control the international movement of plants and

animals (wildlife), wildlife specimens and products made or derived from wildlife

Promote ecologically sustainable development through the conservation and ecologically sustainable use of natural resources

Information on the EPBC Act is available at: http://www.environment.gov.au/epbc

The site also has information on previous referrals and decisions under the EPBC Act that may be of assistance in planning activities and deciding whether to refer an intended action. Amendments have been made to the EPBC Act since 1999. Details on these amendments can be found at: http://www.environment.gov.au/epbc/about/history.html.

National Environmental Significance and the EPBC Act

Under the EPBC Act, companies proposing to undertake petroleum exploration or development activities, or ‘actions’, must consider whether those actions will have or are likely to have a significant impact on a matter of National Environmental Significance. The EPBC Act places the onus on the proponent to ensure an activity either does not significantly impact a matter of National Environmental Significance or is approved by the Australian Government Minister for Sustainability, Environment, Water, Population and Communities (the Environment Minister) before proceeding.

Potential bidders should note that this advice, and the advice in the Notice for Specific Areas, was produced in early 2013 and that information on Matters of National Environmental Significance, such as species location, timing and habitat importance, may change over time, as new information becomes available.

SEWPaC, which administers the EPBC Act, has developed an interactive database to provide further information on matters of National Environmental Significance (for example wetlands of international importance, endangered and vulnerable species, World and National Heritage areas). The

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database is available at: http://www.environment.gov.au/erin/ert/epbc/index.html.

Potential bidders are encouraged to consult this database with respect to a permit area of interest before finalising their work program bids. Potential bidders should consider the range of impacts and risks to matters of National Environmental Significance throughout the exploration, production and decommissioning phases of a petroleum development.

Many of the proposed 2013 Release Areas are in proximity to sensitive environments, including important habitat for threatened and migratory species, wetlands of international importance, World Heritage Areas, National Heritage Areas, or areas of important ecological and heritage value in the Commonwealth marine environment. Activities proposed in these Release Areas will be subject to a high level of environmental scrutiny, and further assessment and an approval decision under the EPBC Act may be required.

Proponents are encouraged to consult with SEWPaC early in their planning processes should there be particular environmental sensitivities of concern.

Further information can be obtained from http://www.environment.gov.au/epbc/index.html or from the Community Information Unit on 1800 803 772 (free call within Australia only) or email: ciu@environment.gov.au.

EPBC Act Environmental Assessment Process

In planning activities, it is strongly recommended that sufficient time be allowed for the EPBC Act referral process, as well as any requests for further information, which suspends the referral process, and assessment and approval processes.

Under the EPBC Act, actions that have, or are likely to have, a significant impact on a matter of National Environmental Significance require approval from the Environment Minister. If a proponent is unsure whether approval is required, the proposed activity can be referred to the Environment Minister for a decision on whether the action requires further assessment and an approval decision under the EPBC Act.

In these cases, additional time will be required for assessment of the action and for the Minister to make a decision whether to approve the taking of the action. The timeframes for assessment processes are identified in the EPBC Act and vary depending upon the type of assessment required and the time taken to receive information from the proponents to complete the assessment. Production activities and exploration activities that may have a significant impact on environmentally sensitive areas are, in particular, more likely to require further assessment and an approval decision under the EPBC Act.

Potential bidders are reminded that the awarding of petroleum acreage under the OPGGS Act is not a guarantee of approval under the EPBC Act. A referral may result in a decision by the Environment Minister that the action is clearly unacceptable, or an assessment and approval process may result in a

decision to not approve the taking of the action. Recently, the Minister made a decision that an action proposed to take place in a World Heritage Area was clearly unacceptable, and the action could not be taken.

Information on the assessment process and statutory timeframes are at: http://www.environment.gov.au/epbc/assessments/process.html

Heritage Values

Listed heritage values are protected and managed under a range of Commonwealth powers. World Heritage properties are sites that are recognised under the World Heritage Convention as being of international significance because of their outstanding universal natural and/or cultural values. The World Heritage Committee makes the final decision on whether a place is inscribed on the World Heritage List.

Places on the World Heritage List are protected under the EPBC Act as matters of National Environmental Significance. Prior approval must be obtained before any action takes place which has, will have, or is likely to have, a significant impact on the world heritage values of a listed place. To have a significant impact on the values of a World Heritage place it is not necessary for an action to be taken within the World Heritage place.

Australia’s World Heritage List is maintained by SEWPaC and is available at: http://www.environment.gov.au/heritage/places/world.

The National Heritage List has been established to include places of outstanding heritage significance to Australia. The National Heritage List comprises places with natural, historic and/or Indigenous values. A place entered in the National Heritage List is known as a National Heritage place. Each place in the List has been assessed by an independent body, the Australian Heritage Council, to determine whether the place has national heritage values. The Environment Minister makes the final decision on whether a place is listed.

Places in the National Heritage List are protected under the EPBC Act as matters of National Environmental Significance. Prior approval must be obtained before any action takes place which has, will have, or is likely to have, a significant impact on the national heritage values of a listed place. To have a significant impact on the values of a National Heritage place it is not necessary for an action to be taken within the National Heritage place.

The National Heritage List is compiled and maintained by SEWPaC and is available at: www.environment.gov.au/heritage/ahdb/index.html.

The Commonwealth Heritage List, established under the EPBC Act, comprises natural, Indigenous and historic heritage places entirely within a Commonwealth area or outside the Australian jurisdiction and owned or leased by the Commonwealth and which the Environment Minister is satisfied have one or more Commonwealth Heritage values. The Environment Minister makes the final decision on whether to include a place in the Commonwealth Heritage

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List.

In addition, Australian Government agencies are required to develop:

Heritage strategies; A heritage register; and Management plans for places on the

Commonwealth Heritage List to protect the heritage values of the Commonwealth Heritage Places they own or lease.

As of November 2012, there are 97 places in the National Heritage List, 20 places on the World Heritage List and 396 places included in the Commonwealth Heritage List. These lists include some offshore areas.

New places are added to the lists on an ongoing basis. The database should be investigated for relevant areas at: http://www.environment.gov.au/cgi-bin/ahdb/search.pl.

The values of Commonwealth Heritage List places are protected by the EPBC Act as part of the environment of Commonwealth lands and waters.

From February 2012, all references to the Register of the National Estate (established in 1976 as a national inventory of places of significant natural and/or cultural heritage) were removed from the EPBC Act and the Australian Heritage Council Act 2003. The Register now remains as an online archive of information about Australia’s heritage places. The EPBC Act continues to protect the heritage values of places in the Register that are in Commonwealth areas or are otherwise the responsibility of the Australian Government, such as the heritage values of places in the National Heritage List.

Although advice is provided on specific sites, prospective bidders and proponents are encouraged to check each Release Area for any sites relating to Australian Government heritage lists.

Historic Shipwrecks Act 1976

The Commonwealth Historic Shipwrecks Act 1976 (Historic Shipwrecks Act) protects all shipwrecks and associated relics that are 75 or more years old, regardless of whether their physical location is known. More recent shipwrecks may be declared as historic under the Historic Shipwrecks Act by the Minister. The Historic Shipwrecks Act aims to ensure that historic shipwrecks are protected for their heritage values and maintained for recreational and educational purposes. It also regulates activities that may result in the damage, interference, removal or destruction of an historic shipwreck or associated relic.

The Historic Shipwrecks Act also provides for protected zones to be declared in order to enhance the protection of historic shipwrecks and relics which are of special significance or sensitivity or at particular risk of interference. Permits are required to enter protected zones, which can cover an area up to 200 hectares.

The jurisdiction of the Historic Shipwrecks Act is not limited to Commonwealth marine areas as defined by the EPBC Act, as it protects historic shipwrecks and associated relics found in Australian waters from the low water mark to the edge of the continental shelf, including the coastal waters of the Australian States and Territories. The requirements of the Historic Shipwrecks Act must be taken into consideration when applying for any State, Territory or Commonwealth planning approval for actions or developments in these waters.

Any actions involving contact with the seabed, or operations in close proximity to the seabed, have the potential to damage, destroy or interfere with historic shipwrecks and it is strongly recommended that proponents should seek professional advice and develop risk mitigation strategies to prevent committing an offence under the Historic Shipwrecks Act. When undertaking actions in the marine environment, proponents and their contractors must conform to all requirements of the Historic Shipwrecks Act and must:

a. Not damage, destroy or interfere with any historic shipwrecks or relics that may be encountered during the course of a proposed action without a permit;

b. Not enter or conduct activities within a shipwreck protected zone without first obtaining a permit under the Historic Shipwrecks Act;

c. Provide a written notification of the discovery of any suspected shipwreck or shipwreck relics identified during the course of the proposed action including:

i. A detailed description of the remains of the shipwreck or of the relic. This could include sonar images, electronic data and digital photographs; and

ii.A description of the place where the shipwreck remains or relic is located that is sufficiently detailed to allow it to be identified and re-located including navigation data and datum information.

It should be noted that, although the Historic Shipwrecks Act does not currently provide for the protection of the natural environment associated with shipwrecks, these natural components form an integral part of historic shipwreck sites and are often critical to the long term preservation of shipwrecks and relics. Damage to these natural components can result in increased deterioration of shipwrecks and consequently affect the shipwrecks role as a marine habitat.

Further information can be found at: http://www.environment.gov.au/heritage/shipwrecks/index.html

Consideration of Hydrocarbon Spills and the EPBC Act

Following the Montara oil spill incident in August 2009, proponents of offshore petroleum drilling referrals (both exploration and production) have been required to demonstrate the potential impacts of a ‘worst case scenario’ loss of well control to matters of National Environmental

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Significance and describe the measures in place to prevent and respond to such an incident.

Offshore drilling referrals should provide a robust assessment of the likelihood and consequences of hydrocarbon spill incidents and proposed response strategies. In assessing potential hydrocarbon spills, referrals should include:

• A hydrocarbon spill risk assessment, including the likelihood of an uncontrolled release, specific to the expected hydrocarbon, and which addresses the complexity of the drilling proposal;

• An environmental risk assessment that includes:

o Hydrocarbon spill modelling that identifies the zone of potential impact for the worst case hydrocarbon spill scenario, and any other hydrocarbon spill scenarios that may significantly impact on a matter protected under the EPBC Act. The hydrocarbon spill modelling should address:

• The predicted duration and rate of release;

• Characteristics for the hydrocarbon type modelled, including toxicity, weathering characteristics and persistent hydrocarbons;

• Hydrocarbon thresholds relevant to potentially impacted matters of National Environmental Significance;

• Include probability contours;

• Include time interval contours;

• Include duration of exposure where possible;

• Surface and subsea releases where appropriate; and

• Surface slicks, entrained hydrocarbons and dissolved hydrocarbons as appropriate.

o The referral should include an assessment of the environmental risks, taking into account the predicted impact(s) of the hydrocarbon spill(s) on matters protected under Part 3 of the EPBC Act, specific to the proposed project location and zone of potential impact; and

• Proposed response strategies.

Potential bidders should also be cognisant of matters of National Environmental Significance, such as, but not limited to, wetlands of international importance and heritage places, considerable distances from the acreage, that could potentially be impacted in the event of a hydrocarbon spill.

In determining whether further assessment under the EPBC Act is required, SEWPaC will consider both the likelihood of spill scenarios and the consequences of these scenarios for matters of National Environmental Significance, taking into account the planned preventative and response measures as proposed by the person proposing the referred action.

Cetaceans and the EPBC Act

The Release Areas includes areas that are in, or in close proximity, to recognised cetacean migration corridors and

areas listed as biologically important areas – for feeding, breeding, calving and resting.

Applicants should be aware that cetaceans are present in all Australian marine waters, and should particularly note that each year during the months of May to November, endangered and migratory Southern right whales (Eubalaena australis) and vulnerable and migratory Humpback whales (Megaptera novaeangliae) migrate to warm waters off Australia to breed and calve. In Australia, endangered and migratory Southern right whales (Eubalaena australis) occupy calving/nursery grounds from May to October (occasionally as early as April and as late as November). During the months of November to May, the endangered and migratory Blue whale (Balaenoptera musculus) is known to feed in certain locations in the southern waters of Australia. While the specific migration routes for the Blue whale off Western Australia are uncertain, they are thought to begin to migrate northward to the Timor Sea from March/April to August, before returning south in September/October to December to feed. Encounters in nearby Release Areas remain a distinct possibility. Migratory inshore dolphin species are found all year round in the tropical waters of northern Australia.

A policy statement on the interaction between offshore seismic exploration and whales has been developed by SEWPaC in consultation with the petroleum industry, whale research scientists and conservation groups. The EPBC Act Policy Statement 2.1 - Interaction between offshore seismic exploration and whales, September 2008 is at: http://www.environment.gov.au/epbc/publications/seismic.html

The Policy Statement 2.1 provides guidance on the practical application of the EPBC Act to seismic surveying and assists proponents in addressing their legal obligations. The document outlines standard management measures (Part A) that should be used at all times when operating in Australian waters, and outlines additional management measures (Part B), which should be used in areas where there is a moderate to high likelihood of encountering whales. It should be noted that the intention of Policy Statement 2.1 is to reduce the likelihood that seismic surveys will result in acoustic injury to whales and does not cover potentially significant behavioural impacts to whales, which may occur when whales are calving, feeding, breeding or resting.

The Policy Statement 2.1 states that seismic surveys should not be proposed in proximity to areas where and when cetaceans are likely to be breeding, calving, resting or feeding. Some proposed 2013 Release Areas are in areas where whales are, collectively, engaged in critical lifecycle activities of feeding or breeding for most of the year. Applicants for these Release Areas should be aware that planning activities to avoid timeframes where these species are likely to be present will be difficult. If proposed, these surveys and associated mitigation measures will need careful consideration and may require mitigation measures to be implemented which are beyond the scope of Policy Statement 2.1 or further assessment and approval under the EPBC Act.

Biologically Important Areas (BIA) for cetaceans in five marine regions are detailed in a Conservation Values Atlas online at:

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http://www.environment.gov.au/cva.

Under the EPBC Act there is a requirement to obtain a permit for any activity interfering with cetaceans, incidentally or otherwise, in Commonwealth waters. Cetaceans include whales, dolphins and porpoises. Further information on permits is provided in EPBC Act Policy Statement 2.1 and may also be found at: http://www.environment.gov.au/epbc/permits/index.html.

Part 8 of the Environment Protection and Biodiversity Conservation Regulations 2000 outlines the requirements for all people interacting with cetaceans within Commonwealth waters. The regulations specify how vessels, aircraft and people must behave around these animals. For example, vessels must not deliberately approach whales closer than 100 m. Within 300 m vessels must use caution and travel at low speed. Touching or feeding whales and dolphins is prohibited. Further information is contained within the Australian National Guidelines for Whale and Dolphin Watching 2005, which have also been adopted by all States and Territories, and is available at: http://www.environment.gov.au/coasts/publications/whale-watching-guidelines-2005.html.

Marine Bioregional Planning

A Marine Bioregional Planning Program has been implemented under the EPBC Act. The two key outputs of the Program are the development of four Marine Bioregional plans, to guide decisions under the EPBC Act, and the identification and establishment of a network of marine reserves in Commonwealth waters, which has seen more than 2.3 million square kilometres added to Australia’s national network of marine protected areas.

Marine Bioregional plans were released in August 2012 for the South-west, North-west, North and Temperate East Marine Regions. The Marine Bioregional plans contain detailed information in two schedules. These plans provide a comprehensive description of the conservation values, the pressures these values are under and priorities for further effort and investment. They include a description of key conservation and heritage priorities, as well as current and emerging pressures on the marine environment. The plans also provide advice to people wishing to undertake new activities within Commonwealth waters about the relative risk of significant impact that certain activities may represent for matters of National Environmental Significance. They should assist in deciding whether a proposed action should be referred to the Environment Minister for assessment, and identify any information that is likely to be important as part of the referral. Under the EPBC Act, the Environment Minister must have regard to a Marine Bioregional Plan in those decisions for which the plan is relevant. The Marine Bioregional Plan information is located at: http://www.environment.gov.au/coasts/marineplans/index.html

Pressures on some of the conservation values relevant to the oil and gas industry include:

• For various cetaceans - chemical pollution/contaminants, nutrient pollution, marine debris, noise pollution, physical habitat modification, human presence at sensitive sites, collision/entanglement with infrastructure, collision with vessels and oil pollution;

• For Dugongs (Dugong dugon) - marine debris, physical habitat modification, oil pollution, collision with vessels, invasive species;

• For various marine turtles - marine debris, noise pollution, nutrient pollution, changes to turbidity, light pollution, invasive species, physical habitat modification and collision with vessels;

• For seasnakes - physical habitat modification and oil pollution;

• For various elasmobranches - chemical pollution/contaminants, and marine debris;

• For various seabirds - chemical pollution/contaminants, changes to turbidity, marine debris, human presence at sensitive sites, human presence at sensitive sites, physical habitat modification, invasive species, light pollution and oil pollution.

The Marine Bioregional plans provide further details on the pressures the conservation values are under: http://www.environment.gov.au/coasts/marineplans/index.html

Many of the Release Areas overlap Key Ecological Features which have been identified as part of marine bioregional planning process. Key Ecological Features assist in defining the Commonwealth marine environment, a matter of National Environmental Significance under EPBC Act, and are elements of the ecosystem that are considered to be of regional importance for biodiversity or ecosystem function and integrity. They include habitats, specific benthic or pelagic features, species groups or ecological communities. Further information about Key Ecological Features can be found at: http://www.environment.gov.au/coasts/marineplans/cva/index.html.

Pressures on some of the Key Ecological Features relevant to the oil and gas industry include:

• For the Continental Slope Demersal Fish Communities - physical habitat modification;

• For the Ancient Coastline at 90-120m Depth Contour - physical habitat modification;

• For the Western Rock Lobster - changes in turbidity;

• For the Demersal Slope and Associated Fish Communities of the Central Western Province - noise pollution;

• For the Perth Canyon and Adjacent Shelf Break, and Other West Coast Canyons - oil pollution, collision with vessels and chemical pollution/contaminates;

• For the Commonwealth Marine Areas surrounding the Houtman Abrolhos Islands - chemical pollution/contaminates, nutrient pollution, physical habitat modification and oil pollution.

A number of the Release Areas also overlap with Biologically Important Areas. Biologically Important Areas spatially define

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areas where aggregations of individuals of a species are known to display biologically important behaviour. Maps of Biologically Important Areas (for species including cetaceans, marine turtles and migratory birds) are available at: http://www.environment.gov.au/cva.

Commonwealth Marine Reserves

Forty new Commonwealth marine reserves were declared around Australia in November 2012. A single management plan is now being developed for each regional marine reserves network and for the Coral Sea Commonwealth Marine Reserve. Many of the Release Areas overlap new Commonwealth marine reserves. Areas of overlap are identified in the Notices for Specific Areas.

With regard to some oil and gas activities, the following uses may or may not be permitted within specific zones of the Commonwealth marine reserves:

• Multiple Use Zone – mining operations (including oil and gas exploration, development and other activities) may occur subject to approval.

• Special Purpose Zone – mining operations (including oil and gas exploration, development and other activities) may generally occur subject to approval except in Special Purpose Zones (Oil and Gas Exclusion) where they are not permitted.

• Marine National Park Zone – mining operations (including oil and gas exploration, development and other activities) are not permitted. As mining operations, including seismic activities, are not permitted within Marine National Park Zones, and seismic vessels require a large turning area, consideration should be given to application of a buffer of at least 25 km between areas where seismic operations are being undertaken and the boundaries of Marine National Park Zones.

• Recreational Use Zone – mining operations (including oil and gas exploration, development and other activities) are not permitted.

Potential bidders should carefully consider the management arrangements for each individual Commonwealth Marine Reserve. Management zones are different between regional networks of Commonwealth Marine Reserves and individual zoning allowable activities tables should be consulted.

If an existing approval is held to undertake activities within a Commonwealth marine reserve or the now-revoked Coral Sea Conservation Zone, those activities may continue under the terms of the existing approval and no additional administrative requirements apply.

The new areas proclaimed in the Commonwealth Marine Reserves network include a range of different management zones which will take effect with the commencement of the management plans in July 2014.

Transitional management arrangements are in place until management plans come into effect in July 2014. Until new management plans come into effect, there will be no "on the water" changes for users in the new areas added to the Commonwealth marine reserves network. Current

management arrangements for pre-existing and former reserves (including areas within new reserves that were formerly reserves) will also remain in place until the new management plans come into effect.

More information on the location of the marine reserves, their zoning and management planning processes can be found at: http://www.environment.gov.au/marinereserves.

Indigenous Heritage Values

In Commonwealth marine areas, Indigenous heritage values form part of the environment and are considered under the EPBC Act. An Indigenous heritage value does not need to be included on a list or register to be considered.

The Commonwealth Heritage management principles include the principle that “Indigenous people are the primary source of information on the value of their heritage and the active participation of Indigenous people in identification, assessment and management is integral to the effective protection of Indigenous heritage values”. All future proponents should refer to Ask First: A guide to respecting Indigenous heritage places and values (Australian Heritage Commission 2002), which is available at: http://www.environment.gov.au/heritage/ahc/publications/commission/books/ask-first.html.

Potential bidders are encouraged to actively engage the relevant Indigenous people regarding rights or interests to ensure that Indigenous heritage values are given appropriate consideration.

Native Title

Native title is the recognition by Australian law that some Indigenous people have rights and interests to their land that come from their traditional laws and customs.

The native title rights and interests held by particular Indigenous people will depend on both their traditional laws and customs and what interests are held by others in the area concerned. Generally speaking, native title must give way to the rights held by others. The capacity of Australian law to recognise the rights and interests held under traditional law and custom will also be a factor.

Native title rights and interests may include rights to:

Live on the area;

Access the area for traditional purposes, like camping or to do ceremonies;

Visit and protect important places and sites;

Hunt, fish and gather food or traditional resources like water, wood and ochre; and

Teach law and custom on country.

In some cases, native title includes the right to possess and occupy an area to the exclusion of all others (often called ‘exclusive possession’). This includes the right to control

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access to, and use of, the area concerned. However, this right can only be recognised over certain parts of Australia, such as unallocated or vacant Crown land and some areas already held by, or for, Indigenous Australians.

Native title rights and interests differ from Indigenous land rights in that the source of land rights is a grant of title from government. The source of native title rights and interests is the system of traditional laws and customs of the native title holders themselves.

Fishing Activities

The Australian Fisheries Management Authority (AFMA) is responsible for the efficient management and sustainable use of fish resources in Commonwealth waters on behalf of the Australian community. AFMA is committed to the sustainable and economically efficient use of fisheries resources and would like to minimize the impact of offshore petroleum exploration on the sustainability and productivity of fish stocks.

AFMA appreciates the importance of effective relationships and communication between fishing and petroleum sectors and has taken the opportunity to review its interaction with the petroleum industry as a response to the introduction of the new arrangements for the offshore oil and gas industry introduced in 2012.

As a result of the review, AFMA has developed new Guidelines for the Petroleum Industry which aim to provide clarity about AFMA’s role and expectations in relation to consultation. The Guidelines will be provided as part of a ‘one stop shop’ for the petroleum industry on AFMA’s website (www.afma.gov.au), offering information about fisheries and how to consult the fishing industry, which is required for the preparation of Environment Plans under the Offshore Petroleum and Greenhouse Gas Storage (Environment) Regulations 2009.

Consultation with the fishing industry should be undertaken early in the planning stages of any exploration activity and well prior to commencing operations. AFMA’s new ‘one-stop-shop’ will contain a Fishing Consultation Directory of contacts for fishing industry associations in each fishery (where they exist). In some Commonwealth fisheries, there are no associations other than the Commonwealth Fisheries Association. Another option, however, for petroleum operators is to access the names and addresses of individual Commonwealth Statutory Fishing Rights, Fishing Permit and High Seas Permit holders from the Public Register, which can be obtained from AFMA Licensing for a prescribed fee of $50 (per register).

Management Advisory Committees (MACs) provide AFMA with advice regarding the management of individual fisheries, including issues relating to other uses of the marine environment. For the Western Deepwater Trawl and North West Slope Trawl Fisheries, there are no MACs, however a Western Trawl Consultative Panel does exist and meets when necessary to discuss fishery wide issues. AFMA, MACs and

the broader fishing industry are concerned about some of the impacts of petroleum exploration on the marine environment.

Seismic surveys

Concerns continue to be expressed about the impact of seismic surveys on the movements of migratory species, as well as on schools of fish which may disperse for prolonged periods following surveys. There are also specific anxieties relating to the potential impact of seismic surveys on fish populations, particularly when conducted over large areas or entire reefs. AFMA encourages thorough consultation with industry in relation to this issue. This is reflected in the concerns and recommendations below for each of the exploration areas. A joint fishing and petroleum industry project which aims to improve consultation about seismic surveys, is being considered by the Fisheries Research and Development Corporation in 2013.

Debris

AFMA wishes to stress the importance of removing debris, and requests that the proponents make every attempt to leave exploration areas free of obstruction. In circumstances where this is not practicable, any remaining debris should be promptly reported to the relevant peak fishing industry bodies. This is particularly important in the trawl fisheries: Commonwealth Trawl Fishery, Great Australian Bight Trawl Fishery, Northern Prawn Fishery, North West Slope Trawl Fishery and Western Deepwater Trawl Fishery.

Australian Fisheries Management AuthorityPolicy, Environment, Economics and Research SectionBox 7051, Canberra BCCANBERRA ACT 2610Telephone: +61 2 6225 5555Facsimile: +61 2 6225 5500Email: petroleum@afma.gov.au

Regularly updated contact details for the AFMA officer handling petroleum exploration enquires can also be found at: www.afma.gov.au/managing-our-fisheries/environment-and-sustainability/Sharing-the-ocean-with-other-users/.

Navigation

The Australian Maritime Safety Authority (AMSA) is a largely self-funded government agency with the charter of enhancing efficiency in the delivery of safety and other services to the Australian maritime industry.

AMSA is committed to continuous improvement in provision of its safety and environment protection services and maintaining constructive relations with our stakeholders in government, industry and the community.

Applicants should note that shipping will be encountered in some Release Areas and collision risks and precautions must be addressed. Detailed information on the type of traffic, particularly where there are significant concentrations of shipping, is identified in the Notices for Specific Areas below.

Where specific shipping routes exist within a particular

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Release Area, the permit holder must, before commencing any exploration or development operations, consult the Ship Safety Division of AMSA to identify what anti-collision measures may be required by AMSA.

AMSA can be contacted via email at: NauticalAdvice@amsa.gov.au.

Shipping Fairways – North West Shelf

AMSA has established a network of Shipping Fairways off the north-west coast of Australia.

The new Shipping Fairways aim to reduce the risk of collision between transiting vessels and offshore infrastructure. The fairways are intended to direct large vessels such as bulk carriers and LNG ships trading to the major ports into pre-defined routes to keep them clear of existing and planned offshore infrastructure.

The new Shipping Fairways are similar to the existing Dampier Shipping Fairway, which was charted in 2007. It has proven to be successful in keeping shipping traffic away from off-shore infrastructure.

Use of the new fairways is strongly recommended but not mandatory. The International Regulations for Preventing Collisions at Sea 1972 apply to all vessels navigating within or outside the Shipping Fairways. The use of these fairways does not give vessels any special right of way.

The Australian Hydrographic Service (AHS) will incorporate the new fairways in the relevant Electronic Navigational Charts (ENC) and new editions of paper charts. The AHS will advise by Notices to Mariners when these charts will be available from chart agents.

Ship owners, operators and agents are urged to obtain and provide copies of charts depicting the new Shipping Fairways to ships operating on the north-west coast of Australia.

Further information is available at: http://www.amsa.gov.au/shipping_safety/marine_notices/2012/NW_Fairways-Map.pdf

Telecommunication (Submarine) Cables

Submarine telecommunication cables carry the bulk of Australia’s international voice and data traffic and are a vital component of our national infrastructure linking Australia with other countries. Submarine cables are vulnerable to damage and breakage, which can have serious consequences for the flow of information to and from Australia.

The Department of Broadband, Communications and the Digital Economy (DBCDE) has responsibility for Schedule 3A of the Telecommunications Act 1997, which is administered by the Australian Communications Media Authority.

The Telecommunications Act provides for submarine cable protection zones to be declared around international telecommunications submarine cables that are considered to be of national significance. Certain activities, including

exploring for resources and mining are prohibited or restricted in protection zones. There are currently three protection zones: the North and South Sydney Protection Zones and the Perth Protection Zone.

The Release Areas are not in the vicinity of the existing protection zones. However, the protection zone regime does not cover domestic cables or all international cables. Potential bidders are urged to contact submarine cable providers early in their planning process to ensure they do not inadvertently damage telecommunications cables.

Particular attention is drawn to the JASURAUS cable, operated by Telstra, which connects Port Headland and Indonesia and the three cables across Bass Strait, two of which are operated by Telstra, the third by Basslink which is collocated with its gas pipeline. The relevant contacts are:

TelstraZack GurdonGeneral Manager Enterprise Security and ResilienceTelephone: +61 3 8649 5454Email: zack.gurdon@team.telstra.com

BasslinkMichael CoatesGeneral Manager Basslink Telecoms Pty LtdTelephone: +61 3 9607 4706Email: michael.coates@basslink.com.au

Insurance

Under the Offshore Petroleum and Greenhouse Gas Storage Act 2006, successful applicants are required to maintain adequate insurance against expenses or liabilities in relation to activities pursuant to the exploration permit, including the expenses of complying with directions with respect to remedying the effects of the escape of petroleum.

Further Notices

Any further Notices and related issues identified by the Australian Government will be advised in Australian Petroleum News, a free occasional newsletter produced by the Department of Resources, Energy and Tourism. Parties are encouraged to register to receive this newsletter by emailing: petroleum.exploration@ret.gov.au.

The mailing list is not used for any purposes other than disseminating Australian Petroleum News and notifying registered parties of associated petroleum issues. There is no charge for this service.

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NOTICES FOR SPECIFIC AREAS

RELEASE AREAS OFF THE NORTHERN TERRITORY

Bonaparte Basin – Northern Petrel Sub-basin and Southern Petrel Sub-basin

NT13-1 / NT13-2 / NT13-3 / NT13-4 / NT13-5

Defence

Part of Release Area NT13-3 is contained within the North Australian Exercise Area (NAXA) including R264C and R264D. This area is approved for live weapons firing, including high explosive weapons and the safety of infrastructure cannot be guaranteed. The NAXA is used by the RAAF and the RAN for all military operations including live weapons and missile firings. Applicants are advised that this area is used regularly, and ADF exercise schedules are variable and may change at short notice. Live firing exercises take place regularly within the NAXA.

Release Areas NT13-4 and NT13-5 are completely contained within the NAXA, specifically the central and southern areas including R264C, R264D, R264F and R264G.These areas are used most frequently for Defence training and firing exercises.

When activated by a NOTAM, the restricted airspace can operate down to sea level. Successful applicants will need to liaise with Defence during the planning phase of operations, and to provide information on the proposed location of any drilling rigs for inclusion in the register of structures database that is maintained by the RAAF AIS.

Successful applicants should also note that, as the areas are used for live firings, UXO may exist on the sea floor. This carries with it an associated risk of detonation, which will be borne by the applicants. Applicants should recognise that Defence takes no responsibility for reporting the location and type of ordnance dropped in the areas, for identification or removal of any UXO, or for any damage sustained to equipment in the unlikely event of UXO detonation. As such, the Australian Government provides no guarantee or indemnity to titleholders or others with regard to the safety or whereabouts of unexploded ordnance in such areas.

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.

Access to DPA and MEA may be restricted with all sea and aircraft possibly being ordered to evacuate the DPA/MEA at short notice.

The point of contact for Defence activities is set out above in the Notices for All Areas.

Environmental Protection

Commonwealth Marine Areas

Release Areas NT13-1, NT13-2 and NT13-3 overlap with the Oceanic Shoals Commonwealth Marine Reserve. The reserve is a Multiple Use Zone (IUCN Category VI). The major conservation values of this Commonwealth Marine Reserve include:

Important resting area for turtles between egg laying (inter-nesting) for the vulnerable and migratory Flatback turtle (Natator depressus) and endangered and migratory Olive ridley turtle (Lepidochelys olivacea);

Important foraging area for the Olive ridley turtle and endangered and migratory Loggerhead turtle (Caretta caretta);

Examples of the ecosystems of two provincial bioregions; and

Four Key Ecological Features are represented in this reserve.

Further information about this Commonwealth Marine Reserve and other Commonwealth Marine Reserves in the larger proximity is located at: http://www.environment.gov.au/marinereserves/index.html

Release Areas NT13-1, NT13-2 and NT13-3 are in the proximity of the:

Carbonate Bank and Terrace System of the Van Diemen Rise;

Pinnacles of the Bonaparte Basin;

Shelf break and slope of the Arafura Shelf; and

Carbonate bank and terrace system of the Sahul Shelf;

which are Key Ecological Features in the North and North-west Marine Regions. The values of these areas include unique sea-floor features with ecological properties of regional significance.

Release Area NT13-5 overlaps the Joseph Bonaparte Gulf Commonwealth Marine Reserve Special Purpose Zone (IUCN Category VI) and Multiple Use Zone (IUCN Category VI).

The major conservation values of this Commonwealth Marine Reserve include:

Important foraging areas for the migratory Australian snubfin dolphin (Orcaella heinsohni) and threatened and migratory marine turtles; and

Examples of the shallow water ecosystems and communities of the Northwest Shelf Transition Province.

Release Areas NT13-4 and NT13-5 are not in close proximity to any Key Ecological Features, however proponents should note that Key Ecological Features in the larger vicinity may be impacted by petroleum industry activities.

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Biologically Important Areas

The Release Areas overlap with, or are in proximity to, Biologically Important Areas for the following species:

Turtles – vulnerable and migratory vulnerable Green (Chelonia mydas) and Flatback turtle and the endangered and migratory Loggerhead turtle and Olive ridley turtle; and

Birds – a range of listed migratory seabirds.

Biologically Important Areas are areas that are particularly important for the conservation of protected species and where aggregations of individuals of a protected species display biologically important behaviour such as breeding, foraging, resting or migration. The presence of the observed behaviour is assumed to indicate that habitat required for the behaviour is also present. For current information on species behaviours and seasonality of species occurrence within Biologically Important Areas please refer to the Conservation Values Atlas at: http://www.environment.gov.au/coasts/marineplans/cva/index.html.

The Marine Bioregional Plan for the North Marine Region and the Marine Bioregional Plan for the North-west Marine Region provides regional advice for proponents with respect to Biologically Important Areas and Key Ecological Features see: http://www.environment.gov.au/coasts/marineplans/index.html

Threatened and Migratory Species

A number of EPBC Act listed threatened and migratory species are found in or near the Release Areas. Activities planned for these Release Areas during biologically important times for listed threatened and migratory species are likely to be subject to close scrutiny under the EPBC Act.

Migratory Birds

Release Areas NT13-1, NT13-2 and NT13-3 lie within foraging areas for numerous migratory seabirds such as Wedge-tailed shearwater (Ardenna pacifica), Streaked shearwater (Calonectris leucomelas), petrels (Pterodroma spp.), noddies and terns (Laridae spp.).

Cetaceans

While these Release Areas are not within any known main migration pathways or aggregation areas, cetaceans are likely to be present or likely to transit the area. Seismic activities should continue to be planned in accordance with EPBC Act Policy Statement 2.1 – Interaction between offshore seismic exploration and whales (September 2008).

Dugong

The migratory Dugong (Dugong dugon) occurs in coastal waters adjacent to Northern Territory coastlines in NT13-4 and NT13-5 and may venture out into deeper waters. Dugongs are particularly vulnerable to vessel strike and destruction or modification of seagrass habitat.

Reptiles

All six species of marine turtle that occur in Australian waters are known or likely to occur in these Release Areas. Flatback (Natator depressus), Green (Chelonia mydas) and Hawksbill (Eretmochelys imbricata) turtles are listed as vulnerable and migratory, and Leatherback (Dermochelys Coriacea), Loggerhead (Caretta caretta) and Olive ridley (Lepidochelys olivacea) turtles are listed as endangered and migratory.

The bioregional planning process identified Biologically Important Areas for four species of marine turtles within and/or adjacent to these Release Areas at certain times.

These Release Areas are:

Within foraging areas for the Olive ridley turtle;

Adjacent to Flatback foraging areas;

Adjacent to Loggerhead foraging areas;

Approximately 50 km from Green turtle foraging areas; and

Approximately 50 km from Flatback inter-nesting areas.

The critically endangered Short-nosed seasnake (Aipysurus apraefrontalis) may also occur in the waters of NT13-1, NT13-2 and NT13-3.

The migratory Salt-water crocodile (crocdylus porosus) is likely to occur in NT13-4 and NT13-5.

Elasmobranchs

The vulnerable Green sawfish (Pristis zijsron), migratory Shortfin mako shark (Isurus oxyrinchus), Longfin mako shark (Isurus paucus) and the vulnerable and migratory Whale Shark (Rhincodon typus) may migrate through these Release Areas. In particular, the Green sawfish (Pristis zijsron), Dwarf sawfish (Pristis clavata) and Freshwater sawfish (Pristis microdon) are likely to occur in NT13-4 and NT13-5. All three species may use offshore waters to forage as adults. For example, the Green sawfish has been caught in trawls in 70 m of water and the freshwater sawfish has been recorded up to 100 km offshore. The freshwater sawfish is known to occur in major rivers 100 km to the south of these Release Areas (e.g. Victoria River) and adjacent to the Release Areas (e.g. Daly River).

Ramsar Wetlands

NT13-4 and NT13-5 are located between 90 and 200 km from the Ord River Floodplain Ramsar Site.

The Ord River Floodplain Ramsar Site contains mangroves and salt marsh communities that support many species of birds and bats, and are a breeding area for Red-legged Prawns and Banana Prawns. The site provides habitat for over 200 species of birds including waterfowl, migratory shorebirds, mangrove birds and terrestrial species, as well as habitat for many fish species that require migration between marine and more freshwater environments during their life, including the vulnerable Freshwater sawfish (Pristis microdon), Green sawfish (Pristis zijsron) and endangered Northern river shark (Glyphis garricki). The site also supports

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the marine Freshwater crocodile (Crocodylus johnstoni) and migratory Salt-water crocodile (Crocodylus porosus).

Heritage

For heritage sites within or in proximity to the Release Areas and their values and statements of significance, search the Australian Heritage Database at: http://www.environment.gov.au/cgi-bin/ahdb/search.pl

Fishing Activities

These Release Areas are within the Northern Prawn Fishery, Western Tuna and Billfish, Western Skipjack Tuna and Southern Bluefin Tuna Fisheries ranges. Historical AFMA logbook data for 2009 to 2012 indicates that the Northern Prawn Fishery has been active in Release Areas NT13-3, NT13-4 and NT13-5. It would be preferable if any petroleum exploration activities could be conducted outside the Northern Prawn Fishery season. The Northern Prawn Fishery seasons are generally from early March to mid-June and mid-August to December. In recent years much of the Joseph Bonaparte Gulf has been closed to fishing for the first season, making the second season (mid-August to December) of particular importance to the fishery.

Additional information on the distribution of fishing effort in the Northern Prawn Fishery can be found at: http://www.afma.gov.au/wp-content/uploads/2010/06/NPF-Data-Summary-2011.pdf.

AFMA recommends successful applicants liaise with representatives of the above fishing interests at an early stage in planning operational activities.

Australia-Indonesia Maritime Boundaries

Australia and Indonesia have entered into a number of agreements and arrangements relating to the maritime area between Australia and Indonesia, including the 1971 Agreement Establishing Certain Seabed Boundaries (the 1971 Seabed Agreement) and the 1972 Agreement Establishing Certain Seabed Boundaries in the Area of the Timor and Arafura Seas, Supplementary to the Agreement of 18 May 1971 (the 1972 Seabed Agreement); and the 1997 Treaty Establishing an Exclusive Economic Zone and Certain Seabed Boundaries (the 1997 Perth Treaty).

A small portion of Release Area NT13-2 lies in an area where Indonesia’s water column jurisdiction under the 1997 Perth Treaty overlaps with Australia’s seabed jurisdiction under the 1971 and 1972 Seabed Agreements. While the 1997 Perth Treaty is not yet in force, the Australian Government acts in accordance with its provisions, including Article 7.

Under Article 7(d) of the 1997 Perth Treaty, Australia is required to notify Indonesia three months prior to the proposed grant of exploration or exploitation rights in an area of overlapping jurisdiction. However, while it is not a requirement of the 1997 Perth Treaty to advise Indonesia three months prior to the release of offshore acreage areas; in the interests of transparency and good bilateral relations, Australia does notify Indonesia at the time of the of the annual Offshore Petroleum Acreage Release and again three months prior to the grant of any exploration title.

Advice to Indonesia is coordinated through the Department of Resources, Energy and Tourism, the Department of Foreign Affairs and Trade and the Australian Embassy in Jakarta who deliver a third person note to the Indonesian Government.

For further information on the Perth Treaty please contact:

Manager – Exploration SectionDepartment of Resources, Energy and TourismGPO Box 1564Canberra ACT 2601Email: petroleum.exploration@ret.gov.au

RELEASE AREAS OFF THE TERRITORY OF ASHMORE AND CARTIER ISLANDS

Bonaparte Basin – Vulcan Sub-basin

AC13-1 / AC13-2 / AC13-3 / AC13-4

Environmental Protection

Commonwealth Marine Areas

These Release Areas are located in Commonwealth waters approximately 80-150 km from the Ashmore Reef Commonwealth Marine Reserve and Cartier Island Commonwealth Marine Reserve. The Ashmore Reef Commonwealth Marine Reserve has a Sanctuary Zone (IUCN Category Ia) and a Recreational Use Zone (IUCN Category II). Cartier Island Marine Reserve is a Sanctuary Zone (IUCN Category Ia).

The reserves are in the ‘MoU Box’ which is subject to a MoU between Indonesia and Australia with respect to traditional fishing by Indonesian nationals.

The values of the Ashmore Reef Marine Commonwealth Reserve and/or Cartier Island Commonwealth Marine Reserve include:

Internationally significant for its abundance and di-versity of sea snakes;

Critical nesting and inter-nesting habitat for the vul-nerable and migratory Green turtle (Chelonia mydas), supporting one of three genetically distinct breeding populations in the North-west Marine Re-gion;

Large and significant feeding populations of the Green turtle, the vulnerable and migratory Hawksbill turtle (Eretmochelys imbricata) and the endangered

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and migratory Loggerhead turtle (Caretta caretta) occurs around the reefs;

Supports a small migratory Dugong (Dugong dugon) population of less than 50 individuals that breeds and feeds around the reef;

Supports some of the most important seabird rook-eries on the North West Shelf;

Important staging points/feeding areas for many mi-gratory seabirds; and

Ecosystems, habitats and communities associated with the North West Shelf, Timor Province and emergent oceanic reefs.

Further information about this Commonwealth Marine Reserve and other Commonwealth Marine Reserves in the larger vicinity is located at: http://www.environment.gov.au/marinereserves/index.html

These Release Areas are also within or in proximity to the:

Ashmore Reef and Cartier Island and surrounding Commonwealth waters;

Continental Slope Demersal Fish Communities, Ancient Coastline at 125 m Depth Contour; and Carbonate Bank and Terrace System of the Sahul

Shelf

which have been identified as Key Ecological Features in the North-west Marine Region. The values of these areas include unique sea-floor features with ecological properties of regional significance, high productivity and aggregations of marine life, and high levels of endemism.

Biologically Important Areas

The Release Areas are in proximity to Biologically Important Areas for:

Elasmobranchs: vulnerable and migratory Whale shark (Rhincodon typus); and

Marine turtles: vulnerable and migratory Flatback turtle (Natator depressus), and endangered and migratory Loggerhead (Caretta caretta) and Olive ridley (Lepidochelys olivacea) turtles.

Biologically Important Areas are areas that are particularly important for the conservation of protected species and where aggregations of individuals of a protected species display biologically important behaviour such as breeding, foraging, resting or migration. The presence of the observed behaviour is assumed to indicate that habitat required for the behaviour is also present. For current information on species occurrence within Biologically Important Areas please refer to the Conservation Values Atlas at: http://www.environment.gov.au/coasts/marineplans/cva/index.html.

The Marine Bioregional Plan for the North-west Marine Region provides regional advice for proponents with respect to Biologically Important Areas and Key Ecological Features (see http://www.environment.gov.au/coasts/marineplans/north-west/index.html).

Threatened and Migratory Species

A number of EPBC Act listed threatened and migratory species are found in or near the Release Areas, and Biologically Important Areas for these species are present in the vicinity. Activities planned for these Release Areas during biologically important times for listed threatened and migratory species are likely to be subject to close scrutiny under the EPBC Act.

Cetaceans

The Release Areas are outside the known migratory route of the vulnerable and migratory Humpback whale (Megaptera novaeangliae). While the specific migration routes for the endangered and migratory Blue whale (Balaenoptera musculus) off Western Australia are uncertain, Blue whales are thought to migrate northward to the Timor Sea from March to August, before returning south in September through to December to feed. Encounters in these Release Areas are possible Seismic activities should be planned in accordance with EPBC Act Policy Statement 2.1 – Interaction between offshore seismic exploration and whales (September 2008).

Reptiles

All six species of marine turtle that occur in Australian waters are likely to occur in the Release Areas. Flatback (Natator depressus), Green (Chelonia mydas) and Hawksbill (Eretmochelys imbricata) turtles are listed as vulnerable and migratory, and Leatherback (Dermochelys Coriacea), Loggerhead (Caretta caretta) and Olive ridley (Lepidochelys olivacea) turtles are listed as endangered and migratory. It is likely that all six species of marine turtle found in Australia waters feed or travel through these regions on breeding migrations. In addition, Flatback, Olive Ridley and Loggerhead turtles all have Biologically Important Areas for foraging on the Western Joseph Bonaparte Depression, during certain times, to the south-east of the Release Areas.

The reefs of the Sahul Shelf provide important habitat for critically endangered seasnakes, specifically, the Leaf-scaled seasnake (Aipysurus foliosquama) and the Short-nosed seasnake (Aipysurus apraefrontalis). The Leaf-scaled seasnake is endemic to the reefs in this region.

Elasmobranchs

The North-west Marine Bioregional Plan has identified Biologically Important Areas for foraging (high density prey) for the vulnerable and migratory Whale shark (Rhincodon typus) around Ashmore Reef and Cartier Island. The migratory Giant manta ray (Manta birostris) is also likely to forage in the Biologically Important Area for Whale sharks given both these species are filter-feeders and feed upon plankton, krill and larvae. The migratory Shortfin mako shark (Isurus oxyrinchus) and Longfin mako shark (Isurus paucus) may occur in the Release Areas.

Migratory Birds

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Five species of migratory birds, the Greater frigatebird (Fregata minor), Lesser frigatebird (Fregata ariel), Red-footed booby (Sula sula), Wedge-tailed shearwater (Ardenna pacifica) and White-tailed tropicbird (Phaethon lepturus), all use Ashmore Reef for breeding. Foraging from Ashmore Reef can extend up to 500 km during the breeding season for some species. Dispersal during the non-breeding season can vary throughout the region.

Ramsar Wetlands

The Release Areas are within 80-150 km of the Ashmore Reef National Nature Reserve, which is listed under the EPBC Act as a wetland of international importance (Ramsar listed wetland).

Ashmore Reef is the largest of only three emergent oceanic reefs present within the north-eastern Indian Ocean, and is the only oceanic reef in the region with vegetated islands. The Reserve is comprised of numerous marine habitats and supports a regionally important and diverse range of species. The Reserve has been recognised internationally for its high diversity and density of seasnakes. The Ramsar site is also home to the migratory Dugong (Dugong dugon), highly diverse reef building corals, and numerous endemic species of fish and other marine invertebrate fauna.

Heritage

For heritage sites in proximity to the Release Areas and their values and statements of significance, search the Australian Heritage Database at: http://www.environment.gov.au/cgi-bin/ahdb/search.pl

Fishing Activities

These Release Areas are within the North West Slope Trawl Fishery, Western Tuna and Billfish Fishery, Western Skipjack Tuna and Southern Blue Fin Tuna, NT Demersel, Offshore Net and Line, Spanish Mackerel and Timor Reef Fisheries ranges. Historical AFMA logbook data for 2009 to 2012 indicates that the North West Slope Trawl Fishery has been active in the Release Area AC13-4. Additional information on the distribution of fishing effort in the Northwest Slope Trawl Fishery can be found at:http://www.afma.gov.au/wp-content/uploads/2010/07/WDTF-and-NWSTF-harvest-strategy-review-2011.pdf

AFMA recommends successful applicants liaise with representatives of the above fishing interests at an early stage in planning operational activities.

MOU Box – Traditional Indonesian Fishermen

These Release Areas are in close proximity to an area known as the ‘MOU Box’ established under a Memorandum of Understanding (MoU) between the Government of Australia and the Government of the Republic of Indonesia Regarding the Operations of Indonesian Traditional Fisherman in Areas of the Australian Exclusive Fishing Zone and Continental Shelf, signed on 7 November 1974.

The MOU provides a basis for traditional Indonesian fishing access to the MOU Box within Australia’s north-western exclusive economic zone. Specifically, Australia agrees to refrain from applying its fisheries laws against traditional Indonesian fisherman who conduct their operations in accordance with the MOU.

The traditional fishermen do not carry communication equipment and they are not known to use navigation lights or radar reflectors. The vessels are not motorised which limits their capacity to take evasive action. It is possible for tens of boats to be present in the area at any time, but most utilise the area outside the North Western monsoon period. Based on these facts AFMA recommends caution when operating in this area.

Australia-Indonesia Maritime Boundaries

Australia and Indonesia have entered into a number of agreements and arrangements relating to the maritime area between Australia and Indonesia, including the 1971 Agreement Establishing Certain Seabed Boundaries (the 1971 Seabed Agreement) and the 1972 Agreement Establishing Certain Seabed Boundaries in the Area of the Timor and Arafura Seas, Supplementary to the Agreement of 18 May 1971 (the 1972 Seabed Agreement); and the 1997 Treaty Establishing an Exclusive Economic Zone and Certain Seabed Boundaries (the 1997 Perth Treaty).

Release Areas AC13-1, AC13-2 and AC13-3 lie in an area where Indonesia’s water column jurisdiction under the 1997 Perth Treaty overlaps with Australia’s seabed jurisdiction under the 1971 and 1972 Seabed Agreements. While the 1997 Perth Treaty is not yet in force, the Australian Government acts in accordance with its provisions, including Article 7.

Under Article 7(d) of the 1997 Perth Treaty, Australia is required to notify Indonesia three months prior to the proposed grant of exploration or exploitation rights in an area of overlapping jurisdiction. However, while it is not a requirement of the 1997 Perth Treaty to advise Indonesia three months prior to the release of offshore acreage areas; in the interests of transparency and good bilateral relations, Australia does notify Indonesia at the time of the of the annual Offshore Petroleum Acreage Release, and again three months prior to the grant of any exploration title.

Advice to Indonesia is coordinated through the Department of Resources, Energy and Tourism, the Department of Foreign Affairs and Trade and the Australian Embassy in Jakarta.

For further information on the Perth Treaty please contact:

Manager – Exploration SectionDepartment of Resources, Energy and TourismGPO Box 1564Canberra ACT 2601Email: petroleum.exploration@ret.gov.au

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RELEASE AREAS OFF WESTERN AUSTRALIA

Fishing Activities for All Areas Off Western Australia

The Western Australia Department of Fisheries (Department of Fisheries) provides the following advice in relation to Western Australia Commonwealth waters.

The Department of Fisheries notes that the following fisheries have reported fishing effort in the Release Areas within the past five years:

Northern Demersal Scalefish; Pilbara trap and trawl fishery; Mackerel; North Coast Shark; Gascoyne Demersal Scalefish; West Coast Demersal Scalefish; West Coast Demersal Gillnet and Demersal

Longline; Western Rock Lobster; and Charter Boat industry.

It is recommended that further consultation be undertaken with the Western Australia Fishing Industry Council, Australian Fisheries Management Authority and Recfishwest.

Any future petroleum activity that occurs within the areas as a consequence of the exploration has the potential to impact on the aquatic environment and fishing activities. It is therefore expected that all due consultation will be carried out prior to commencement of any activities.

Further advice can be found at: http://www.recfishwest.org.au/ and http://www.wafic.com.au/

Native Title

Native title is the recognition by Australian law that some Indigenous people have rights and interests to their land that come from their traditional laws and customs.

The native title rights and interests held by particular Indigenous people will depend on both their traditional laws and customs and what interests are held by others in the area concerned. Generally speaking, native title must give way to the rights held by others. The capacity of Australian law to recognise the rights and interests held under traditional law and custom will also be a factor.

Native title rights and interests may include rights to:

Live on the area;

Access the area for traditional purposes, like camping or to do ceremonies;

Visit and protect important places and sites;

Hunt, fish and gather food or traditional resources like water, wood and ochre; and

Teach law and custom on country.

In some cases, native title includes the right to possess and occupy an area to the exclusion of all others (often called ‘exclusive possession’). This includes the right to control access to, and use of, the area concerned. However, this right can only be recognised over certain parts of Australia, such as unallocated or vacant Crown land and some areas already held by, or for, Indigenous Australians.

Native title rights and interests differ from Indigenous land rights in that the source of land rights is a grant of title from government. The source of native title rights and interests is the system of traditional laws and customs of the native title holders themselves.

The Kimberley Land Council (KLC) is the representative body for a number of Release Areas across Northern Western Australia waters. The KLC emphasise the importance of recognising traditional owner groups as stakeholders, and in the event that the proposed release of acreage may affect their native title rights and interests, the traditional owners should be included in the consultation process prior to any works being carried out in the area.

Further information is available at: http://www.nntt.gov.au/News-and-Communications/Publications/Documents/Brochures/Native%20title%20an%20overview.pdf and http://www.ag.gov.au/LegalSystem/NativeTitle/Pages/default.aspx. The list of Representative Bodies is at: https://www.ntrb.net/PublicPages/NTRBmap.aspx

Browse Basin – Caswell Sub-basin

W13-1 / W13-2 / W13-3

Environmental Protection

Commonwealth Marine Areas

These Release Areas are not in close proximity to any Commonwealth Marine Reserve, however proponents should note that Commonwealth Marine Reserves in the larger vicinity may also be impacted by petroleum industry activities. Information about Commonwealth Marine Reserves in the larger vicinity is located at: http://www.environment.gov.au/marinereserves/index.html

These Release Areas are in proximity to the Continental Slope Demersal Fish Communities, which is a Key Ecological Feature in the North-west Marine Region. The values of this area include high levels of endemism.

Biologically Important Areas

Biologically Important Areas occur in proximity to the Release Areas. Biologically Important Areas are areas that are particularly important for the conservation of protected species and where aggregations of individuals of a protected species display biologically important behaviour such as breeding, foraging, resting or migration. The presence of the observed behaviour is assumed to indicate that habitat

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required for the behaviour is also present. For current information on species behaviours and seasonality of species occurrence within Biologically Important Areas please refer to the Conservation Values Atlas at: http://www.environment.gov.au/coasts/marineplans/cva/index.html

The Marine Bioregional Plan for the North-west Marine Region provides regional advice for proponents with respect to Biologically Important Areas and Key Ecological Features (see http://www.environment.gov.au/coasts/marineplans/north-west/index.html).

Threatened and Migratory Species

A number of EPBC Act listed threatened and migratory species are found in or near the Release Areas. Activities planned for these Release Areas during biologically important times for listed threatened and migratory species are likely to be subject to close scrutiny under the EPBC Act.

Cetaceans

The vulnerable and migratory Humpback whale (Megaptera novaeangliae) migrates north through this region around mid-July each year and then south up until the end of September. Humpback whales breed and calve along the Kimberley coast from the Lacepede Islands to north of Camden Sound, approximately 170 km south of the Release Areas. Humpback whales may occur in these Release Areas.

The endangered and migratory Blue whale (Balaenoptera musculus) is known to be present in these waters and migrate north (March to August) and south (September to December) in Western Australian waters. The Draft National Recovery Plan for the Blue Whale (Balaenoptera musculus) indicates a possible Blue whale feeding area, approximately 400 km northwest of Broome (see http://www.environment.gov.au/biodiversity/threatened/recovery-comment.html).

Seismic activities should be planned in accordance with EPBC Act Policy Statement 2.1 – Interaction between offshore seismic exploration and whales (September 2008).

Reptiles

All six species of marine turtle that occur in Australian waters may occur in these Release Areas. Flatback (Natator depressus), Green (Chelonia mydas) and Hawksbill (Eretmochelys imbricata) turtles are listed as vulnerable and migratory, and Leatherback (Dermochelys Coriacea), Loggerhead (Caretta caretta) and Olive ridley (Lepidochelys olivacea) turtles are listed as endangered and migratory.

These Release Areas may be adjacent, or in close proximity, to foraging or inter-nesting areas for marine turtles. It is likely that all six species of marine turtle found in Australia waters feed or travel through these regions on breeding migrations.

The Green turtle utilises a number of islands within approximately 100 km of these Release Areas for nesting and inter-nesting, including Scott Reef (approximately 60 km

west). Green turtles nesting at Scott Reef represent an isolated genetic stock. The Hawksbill turtle nests on Ashmore and Scott reefs.

The critically endangered Leaf-scaled seasnake (Aipysurus foliosquama) and Short-nosed seasnake (Aipysurus apraefrontalis) may occur within these Release Areas, given their proximity to Ashmore Reef and Cartier Island. The reefs of the Sahul Shelf provide important habitat for the Leaf-scaled seasnake and the Short-nosed seasnake. The Leaf-scaled seasnake is endemic to the reefs in this region.

Elasmobranchs

The vulnerable and migratory Whale shark (Rhincodon typus) may occur in these Release Areas given the Biologically Important Areas for foraging (high density prey) for Whale sharks around the nearby Ashmore Reef and Cartier Island and other Biologically Important Areas for foraging inshore from these Release Areas.

The distribution of the migratory Giant manta ray (Manta birostris) is not well understood but, similar to the Whale shark, it is a filter-feeder and feeds upon plankton, krill and larvae, so may occupy similar habitat to the Whale shark.

The migratory Shortfin (Isurus oxyrinchus) and Longfin (Isurus paucus) mako sharks may also occur in these Release Areas.

Migratory Birds

There a number of migratory birds that have Biologically Important Areas in proximity to these Release Areas, including the Brown Booby (Sula leucogaster), Great Frigatebird (Fregata minor), Lesser Frigatebird (Fregata ariel), Red-footed Booby (Sula sula), Wedge-tailed Shearwater (Ardenna pacifica) and White-tailed Tropicbird (Phaethon lepturus).

Important breeding areas occur on Ashmore Reef, Scott Reef, Adele Island and Lacepede Island. Foraging buffers for these species can be up to 500 km from the breeding colony. All the Release Areas lie within foraging areas for numerous migratory birds such as Wedge-tailed shearwaters, Streaked shearwaters (Calonectris leucomelas), petrels (Pterodroma spp.), noddies and terns (Laridae spp.).

Ramsar Wetlands

The Release Areas are approximately 110 km from the Ashmore Reef National Nature Reserve, which is listed under the EPBC Act as a wetland of international importance (Ramsar listed wetland).

Ashmore Reef is the largest of only three emergent oceanic reefs present within the north-eastern Indian Ocean, and is the only oceanic reef in the region with vegetated islands. The Reserve is comprised of numerous marine habitats and supports a regionally important and diverse range of species. The Reserve has been recognised internationally for its high diversity and density of seasnakes. The Ramsar site is also home to migratory Dugongs (Dugong dugon), highly diverse

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reef building corals, and numerous endemic species of fish and other marine invertebrate fauna.

Heritage

For heritage sites within or in proximity to the Release Areas and their values and statements of significance, search the Australian Heritage Database at: http://www.environment.gov.au/cgi-bin/ahdb/search.pl

Fishing Activities

These Release Areas are within the North West Slope Trawl Fishery, Western Tuna and Billfish Fishery, Western Skipjack Tuna and Southern Blue Fin Tuna Fisheries ranges. Historical AFMA logbook data for 2009 to 2012 indicates that no vessels reported operating in these Release Areas.

As fishing activity may vary from year to year, AFMA recommends successful applicants liaise with representatives of the above fishing interests at an early stage in planning operational activities.

MOU Box – Traditional Indonesian Fisherman

These areas partially overlap an area known as the ‘MOU Box’ established under a Memorandum of Understanding (MOU) between the Government of Australia and the Government of the Republic of Indonesia Regarding the Operations of Indonesian Traditional Fisherman in Areas of the Australian Exclusive Fishing Zone and Continental Shelf, signed on 7 November 1974.

The MOU provides a basis for traditional Indonesian fishing access to the MOU Box within Australia’s north-western exclusive economic zone, despite Australia having sovereign rights and jurisdiction over the seabed and water column. Australia refrains from applying its fisheries laws to Indonesian traditional fishermen in the MOU Box. However, Australia can apply its laws with respect to other matters.

Their vessels are likely to have “longlines” of 1-2 km long deployed, and diving is also known to occur. The fishermen do not carry communication equipment and they are not known to use navigation lights or radar reflectors. The vessels are not motorised which limits their capacity to take evasive action. It is possible for tens of boats to be present in the area at any time, but most utilise the area outside the North Western monsoon period. Based on these facts AFMA recommends caution when operating in this area.

Browse Basin – Barcoo Sub-basin

W13-4 / W13-5

Defence

Areas W13-4 and W13-5 overlap the Curtin Air Weapons Range (area R811). This area is approved for live weapons firing, including high explosive weapons and the safety of infrastructure cannot be guaranteed. Applicants are advised

that this area is used regularly, and ADF exercise schedules are variable and may change at short notice.

When activated by a NOTAM, the restricted airspace can operate down to sea level. Successful applicants will need to liaise with Defence during the planning phase of operations, and to provide information on the proposed location of any drilling rigs for inclusion in the register of structures database that is maintained by the RAAF AIS.

Successful applicants should also note that, as the areas are used for live firings, UXO may exist on the sea floor. This carries with it an associated risk of detonation, which will be borne by the applicants. Applicants should recognise that Defence takes no responsibility for reporting the location and type of ordnance dropped in the areas, for identification or removal of any UXO, or for any damage sustained to equipment in the unlikely event of UXO detonation. As such, the Australian Government provides no guarantee or indemnity to titleholders or others with regard to the safety or whereabouts of unexploded ordnance in such areas.

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. Access to DPA and MEA may be restricted with all sea and aircraft possibly being ordered to evacuate the DPA/MEA at short notice.

The point of contact for Defence activities is set out above under ‘Notices for All Areas’.

Environmental Protection

Commonwealth Marine Areas

The Release Areas overlap the Kimberley Commonwealth Marine Reserve. The reserve includes a Multiple Use Zone (IUCN Category VI), Marine National Park Zone (IUCN Category II) and Habitat Protection Zone (IUCN Category IV). The Release Areas overlap with the Multiple Use Zone.

The major conservation values of this Commonwealth Marine Reserve include:

Important foraging areas for migratory seabirds, mi-gratory Dugongs (Dugong dugon), dolphins and threatened and migratory marine turtles;

Important migration pathway and nursery areas for the vulnerable and migratory Humpback whale (Megaptera novaeangliae);

Adjacent to important foraging and pupping areas for sawfish and important nesting sites for vulner-able and migratory Green turtles (Chelonia mydas);

The reserve provides protection for the communities and habitats of waters offshore of the Kimberley coastline ranging in depth from less than 15 m to 800 m;

Continental shelf, slope, plateau, pinnacle, terrace, banks and shoals and deep hole/valley seafloor fea-tures are all represented in this reserve;

Examples of the communities and seafloor habitats of the Northwest Shelf Transition, Northwest Shelf

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Province and Timor Province provincial bioregions along with the Kimberley, Canning, Northwest Shelf and Oceanic Shoals meso-scale bioregions; and

Two Key Ecological Features.

Further information about this Commonwealth Marine Reserve and other Commonwealth Marine Reserves in the larger vicinity is located at: http://www.environment.gov.au/marinereserves/index.html

These Release Areas are in proximity to the:

Continental Slope Demersal Fish Communities; and Ancient Coastline at 125 m Depth Contour

which are Key Ecological Features in the North-west Marine Region. The values of these areas include unique sea-floor features with ecological properties of regional significance and high levels of endemism.

The Marine Bioregional Plan for the North-west Marine Region provides regional advice for proponents with respect to Biologically Important Areas and Key Ecological Features (http://www.environment.gov.au/coasts/marineplans/north-west/index.html).

Biologically Important Areas

The Release Areas overlap with Biologically Important Areas for the vulnerable and migratory Whale shark (Rhincodon typus). Other Biologically Important Areas are also in proximity to the Release Areas.

Biologically Important Areas are areas that are particularly important for the conservation of protected species and where aggregations of individuals of a protected species display biologically important behaviour such as breeding, foraging, resting or migration. The presence of the observed behaviour is assumed to indicate that habitat required for the behaviour is also present. For current information on species behaviours and seasonality of species occurrence within Biologically Important Areas please refer to the Conservation Values Atlas at: http://www.environment.gov.au/coasts/marineplans/cva/index.html

Threatened and Migratory Species

A number of EPBC Act listed threatened and migratory species are found in or near these Release Areas. Activities planned for these Release Areas during biologically important times for listed threatened and migratory species are likely to be subject to close scrutiny under the EPBC Act.

Cetaceans

The vulnerable and migratory Humpback whale (Megaptera novaeangliae) migrates north through this area around mid-July each year and then south up until the end of September. Humpback whales breed and calve along the Kimberley coast from the Lacepede Islands to north of Camden Sound, approximately 65 km south-east of the Release Areas.

The EPBC Act Policy Statement 2.1 – Interaction between offshore seismic exploration and whales (September 2008) (Policy Statement 2.1) states that seismic surveys should not be proposed in proximity to areas where and when cetaceans are likely to be breeding, calving, resting or feeding. If proposed during the calving period, surveys and associated mitigation measures will need careful consideration and may require mitigation measures to be implemented which are beyond the scope of Policy Statement 2.1, or further assessment and approval under the EPBC Act.

The endangered and migratory Blue whale (Balaenoptera musculus) is known to be present in these waters and migrate north (March to August) and south (September to December) in Western Australian waters. The Draft National Recovery Plan for the Blue Whale (Balaenoptera musculus) indicates a possible Blue whale feeding area approximately 400 km northwest of Broome (http://www.environment.gov.au/biodiversity/threatened/recovery-comment.html).

Seismic activities should be planned in accordance with EPBC Act Policy Statement 2.1.

Reptiles

All six species of marine turtle that occur in Australian waters may occur in these Release Areas. Flatback (Natator depressus), Green (Chelonia mydas) and Hawksbill (Eretmochelys imbricata) turtles are listed as vulnerable and migratory, and Leatherback (Dermochelys Coriacea), Loggerhead (Caretta caretta) and Olive ridley (Lepidochelys olivacea) turtles are listed as endangered and migratory.

Foraging areas for marine turtles may occur in proximity to these Release Areas. The Flatback turtle nests on the Lacepede Islands and has an inter-nesting zone of 80 km, which extends close to the boundaries of W13-4 and W13-5.

The critically endangered Short-nosed seasnake (Aipysurus apraefrontalis) may occur in the waters of these Release Areas, depending on water depth, because its range includes the Sahul Shelf and shallow waters from Exmouth Gulf to Broome.

Elasmobranchs

Part of these Release Areas overlap with a Biologically Important Area for foraging by the vulnerable and migratory Whale shark (Rhincodon typus), identified in the Marine Bioregional Plan for the North-west Marine Region. The distribution of the migratory Giant manta ray (Manta birostris) is not well understood but, similar to the Whale shark, it is a filter-feeder and feeds upon plankton, krill and larvae, so may occupy similar habitat to the Whale shark.

Migratory Shortfin (Isurus oxyrinchus) and Longfin (Isurus paucus) mako sharks may also occur in these Release Areas.

Migratory Birds

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There a number of migratory birds that have Biologically Important Areas in proximity to these Release Areas, including the Brown booby (Sula leucogaster), Great frigatebird (Fregata minor), Lesser frigatebird (Fregata ariel), Red-footed booby (Sula sula), Wedge-tailed shearwater (Ardenna pacifica) and White-tailed tropicbird (Phaethon lepturus).

Important breeding areas occur on Ashmore Reef, Scott Reef, Adele Island and Lacepede Island. Foraging buffers for these species can be up to 500 km from the breeding colony.

These Release Areas are within foraging areas for numerous migratory seabirds such as Wedge-tailed shearwaters, Streaked shearwaters (Calonectris leucomelas), petrels (Pterodroma spp.), noddies and terns (Laridae spp.).

Heritage

The Release Areas are approximately 150 km from the West Kimberley National Heritage Area. There is a potential for offshore developments and activities to impact on the aesthetic values of the West Kimberley National Heritage place. A comprehensive description of the National heritage values can be found under ‘AHDB place details’ on: http://www.environment.gov.au/heritage/places/national/west-kimberley/index.html

For heritage sites within or in proximity to the Release Areas and their values and statements of significance, search the Australian Heritage Database at: http://www.environment.gov.au/cgi-bin/ahdb/search.pl

Fishing Activities

These Release Areas are within the North West Slope Trawl Fishery, Western Tuna and Billfish Fishery, Western Skipjack Tuna and Southern Blue Fin Tuna Fisheries ranges. Historical AFMA logbook data for 2009 to 2012 indicates that the North West Slope Trawl Fishery has been active in Release Area W13-5. Additional information on the distribution of fishing effort in the Northwest Slope Trawl Fishery can be found at:http://www.afma.gov.au/wp-content/uploads/2010/07/WDTF-and-NWSTF-harvest-strategy-review-2011.pdf

AFMA recommends successful applicants liaise with representatives of the above fishing interests at an early stage in planning operational activities.

Navigation

The eastern route between Port Headland and Ombai Strait passes through the western sections of these Release Areas. The Shipping Fairway passing east of Mermaid Reef terminates in the south west corner of W13-5.

Significant traffic will be encountered on this route. When planning exploratory seismic or drilling operations, proponents are to contact the Nautical and Regulation Section of AMSA, with a view to obtaining traffic data and to discuss collision prevention measures.

Northern Carnarvon Basin – Exmouth Plateau

W13-6 / W13-7 / W13-8 / W13-9

Environmental Protection

Commonwealth Marine Areas

These Release Areas are not in close proximity to any Commonwealth Marine Reserve, however proponents should note that Commonwealth Marine Reserves in the larger vicinity may be impacted by petroleum industry activities. Information about Commonwealth Marine Reserves in the larger vicinity is located at: http://www.environment.gov.au/marinereserves/index.html

The Release Areas are in proximity to the:

Exmouth Plateau; Continental Slope Dermersal Fish Communities;

and Ancient Coastline at 125 m Depth Contour

which are Key Ecological Feature in the North-west Marine Region. The values of these areas include unique sea-floor features with ecological properties of regional significance and high levels of endemism.

Biologically Important Areas

Biologically Important Areas may occur in proximity to these Release Areas. Biologically Important Areas are areas that are particularly important for the conservation of protected species and where aggregations of individuals of a protected species display biologically important behaviour such as breeding, foraging, resting or migration. The presence of the observed behaviour is assumed to indicate that habitat required for the behaviour is also present. For current information on species behaviours and seasonality of species occurrence within Biologically Important Areas please refer to the Conservation Values Atlas at: http://www.environment.gov.au/coasts/marineplans/cva/index.html

The Marine Bioregional Plan for the North-west Marine Region provides regional advice for proponents with respect to Biologically Important Areas and Key Ecological Features (http://www.environment.gov.au/coasts/marineplans/north-west/index.html).

Threatened and Migratory Species

A number of EPBC Act listed threatened and migratory species are found in or near the Release Areas. Activities planned for these Release Areas during biologically important times for listed threatened and migratory species are likely to be subject to close scrutiny under the EPBC Act.

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Cetaceans

The vulnerable and migratory Humpback whale (Megaptera novaeangliae) migrates along the West Coast between May and November each year, arriving in the waters of the North-west Marine Region in early June and around October for the Southern migration. Cow and calf migration can occur for up to four weeks after the southern peak migration period.

The endangered and migratory Blue whale (Balaenoptera musculus) may migrate through these waters on their northern migration as they move up the coast, passing Exmouth in the period March through to August before continuing north. Their southern migration down the Western Australia coast is from September to late December. They tend to pass along the shelf edge at depths between 500 m and 1000 m, moving faster on the southern migration and coming in close to the coast in the Exmouth – Montebello Islands area.

Seismic activities should be planned in accordance with EPBC Act Policy Statement 2.1.

Reptiles

Five species of marine turtle that occur in Australian waters may occur in these Release Areas. Flatback (Natator depressus), Green (Chelonia mydas) and Hawksbill (Eretmochelys imbricata) turtles are listed as vulnerable and migratory, and Leatherback (Dermochelys Coriacea) and Loggerhead (Caretta caretta) turtles are listed as endangered and migratory.

Elasmobranchs

Adjacent to the Release Areas W13-8 and W13-9, the Marine Bioregional Plan for the North-west Marine Region identifies Biologically Important Area’s for foraging vulnerable and migratory Whale sharks (Rhincodon typus). The Whale shark and migratory Giant manta ray (Manta birostris) may migrate through the Release Areas.

Migratory Shortfin (Isurus oxyrinchus) and Longfin (Isurus paucus) mako sharks may also occur in these Release Areas.

Migratory Birds

All the Release Areas are within foraging areas for numerous migratory seabirds, such as Wedge-tailed shearwaters (Ardenna pacifica), Streaked shearwaters (Calonectris leucomelas), petrels (Pterodroma spp.), noddies and terns (Laridae spp.).

Heritage

For heritage sites within or in proximity to the Release Areas and their values and statements of significance, search the Australian Heritage Database at: http://www.environment.gov.au/cgi-bin/ahdb/search.pl

Fishing Activities

These areas are within the North West Slope Trawl Fishery, Western Tuna and Billfish Fishery, Western Deepwater Trawl Fishery, Western Skipjack Tuna and Southern Bluefin Tuna Fisheries ranges. Historical AFMA logbook data for 2009 to 2012 indicates that no vessels reported operating in the Release Areas. As fishing activity may vary from year to year, AFMA recommends successful applicants liaise with representatives of the above fishing interests at an early stage in planning operational activities. Please note that the North West Slope Trawl Fishery and Western Deepwater Trawl Fishery are separated by the line of longitude 114°E (the North West Slope Trawl Fishery being north of latitude 21°37′S). Release Area W13-6 crosses both fisheries.

Navigation

The main shipping route between Australia’s south west and Lombok Strait passes through Release Area W13-6 and W13-7; a Shipping Fairway terminates on the southern limit of W13-6.

Significant traffic will be encountered on this route. When planning exploratory seismic or drilling operations in W13-6 and W13-7, the operator is to contact the Nautical and Regulation Section of AMSA with a view to obtaining traffic data and to discuss collision prevention measures.

Release Areas W13-8 and W13-9 are subject to some international and local shipping. The operator is advised to obtain traffic data from AMSA when planning exploratory seismic or drilling operations.

Northern Carnarvon Basin – Exmouth Plateau

W13-10 / W13-11 / W13-12 / W13-13

Environmental Protection

State Consultation

Release Area W13-13 is in the vicinity of the Montebello Islands which is an environmentally important area. It is recommended that applicants consult with Western Australian agencies including the Department of Environment and Conservation, the Environmental Protection Authority, the Department of Fisheries, and the Department of Transport with regard to any proposed operational activities (i.e. drilling, seismic survey) within the Release Area, prior to undertaking the activities. Due regard must also be given to recreational fishing vessels at all times and consultation with both the Western Australian Fishing Industry Council and Recfishwest is recommended.

Commonwealth Marine Areas

Release Areas W13-10 and W13-11 are not in close proximity to any Commonwealth Marine Reserve, however, proponents should note that Commonwealth Marine Reserves in the larger vicinity may be impacted by petroleum industry

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activities. Information about Commonwealth Marine Reserves in the larger vicinity is located at: http://www.environment.gov.au/marinereserves/index.html.

W13-10 is in proximity to the:

Glomar Shoals; and Ancient coastline at 125 m depth contour

which are Key Ecological Features in the North-west Marine Region. The values of these areas include unique sea-floor features with ecological properties of regional significance and high productivity and aggregations of marine life.

W13-11 is approximately 8 km south-west of the Glomar Shoals which is Key Ecological Feature in the North-west Marine Region. The values of this area include high productivity and aggregations of marine life. Any activities in this area are likely to be subject to close scrutiny under the EPBC Act.

Release Areas W13-12 and W13-13 are approximately 6 km from the Montebello Islands and in proximity to the Montebello Commonwealth Marine Reserve. The reserve is a Multiple Use Zone (IUCN Category VI. W13-13 overlaps with the Multiple Use Zone and W13-12 is in close proximity to the Multiple Use Zone.

The major conservation values of this Commonwealth Marine Reserve include:

Foraging areas for migratory seabirds, marine turtles and migratory and vulnerable Whale shark (Rhincodon typus);

Part of the migratory pathway of the vulnerable and migratory Humpback whale (Megaptera novaeangliae);

The reserve includes shallow shelf environments with depths ranging from 15m to 150m and provides protection for shelf and slope habitats, as well as pinnacle and terrace seafloor features;

Examples of the seafloor habitats and communities of the Northwest Shelf Province provincial bioregions as well as the Pilbara (offshore) meso-scake bioregion; and

One Key Ecological Feature for the region.

W13-12 and W13-13 are also in proximity to the Ancient Coastline at 125 m Depth Contour, which is Key Ecological Feature in the North-west Marine Region. The values of this area include unique seafloor r features with ecological properties of regional significance.

Biologically Important Areas

W13-10 overlaps with a Biologically Important Area for the vulnerable and migratory Whale shark (Rhincodon typus).

W13-11 overlaps with Biologically Important Areas for:

Cetaceans: vulnerable and migratory Humpback whale (Megaptera novaeangliae);

Marine turtles: vulnerable and migratory Flatback turtle (Natator depressus);

Elasmobranchs: vulnerable and migratory Whale shark (Rhincodon typus); and

Birds: migratory Wedge-tailed shearwater (Ardenna pacifica).

W13-12 and W13-13 overlap with Biologically Important Areas for:

Cetaceans: vulnerable and migratory Humpback whale (Megaptera novaeangliae);

Marine turtles: vulnerable and migratory Flatback turtle (Natator depressus), vulnerable and migratory Green turtle (Chelonia mydas), vulnerable and migratory Hawksbill turtle (Eretmochelys imbricata), endangered and migratory Loggerhead turtle (Caretta caretta);

Elasmobranchs: vulnerable and migratory Whale shark (Rhincodon typus); and

Birds: vulnerable Fairy tern (Sternula nereis nereis), migratory Roseate tern (Sterna dougallii) and migratory Wedge-tailed shearwater (Ardenna pacifica).

Other Biologically Important Areas are also in proximity to these Release Areas.

Biologically Important Areas are areas that are particularly important for the conservation of protected species and where aggregations of individuals of a protected species display biologically important behaviour such as breeding, foraging, resting or migration. The presence of the observed behaviour is assumed to indicate that habitat required for the behaviour is also present. For current information on species behaviours and seasonality of species occurrence within Biologically Important Areas please refer to the Conservation Values Atlas at: http://www.environment.gov.au/coasts/marineplans/cva/index.html.

The Marine Bioregional Plan for the North-west Marine Region provides regional advice for proponents with respect to Biologically Important Areas and Key Ecological Features (http://www.environment.gov.au/coasts/marineplans/north-west/index.html).

Threatened and Migratory Species

A number of EPBC Act listed threatened and migratory species are found in or near the Release Areas. Activities planned for these Release Areas during biologically important times for listed threatened and migratory species are likely to be subject to close scrutiny under the EPBC Act.

Cetaceans

The vulnerable and migratory Humpback whale (Megaptera novaeangliae) migrates along the West Coast between May and November each year, arriving in the waters of the North-west Marine Region in early June and around September/October for the Southern migration. Cow and calf

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migration can occur for up to four weeks after the southern peak migration period. Humpback whales may migrate through these Release Areas which overlap with the Humpback whale main migratory pathway.

The endangered and migratory Blue whale (Balaenoptera musculus) may migrate through these waters on their northern migration as they move up the coast, passing Exmouth in the period March through to August before continuing north. Whales migrate north after leaving the feeding area in the Perth Canyon. Their southern migration down the Western Australian coast is from September to late December. They tend to pass along the shelf edge at depths between 500 m and 1000 m, moving faster on the southern migration and coming in close to the coast in the Exmouth–Montebello Islands area. In addition, the Draft National Recovery Plan for the Blue Whale (Balaenoptera musculus) indicates there is a possible feeding area near Exmouth.

Seismic activities should be planned in accordance with EPBC Act Policy Statement 2.1 – Interaction between offshore seismic exploration and whales (September 2008).

Dugong

Migratory Dugong (Dugong dugon) may also occur in proximity to the Release Areas.

Reptiles

The Marine Bioregional Plan for the North-west Marine Region identifies the coast line between Exmouth and Karratha as containing biologically important areas for marine turtles during nesting/foraging/inter-nesting/hatching at certain times.

Five species of marine turtle that occur in Australian waters may occur in these Release Areas. Flatback (Natator depressus), Green (Chelonia mydas) and Hawksbill (Eretmochelys imbricata) turtles are listed as vulnerable and migratory, and Leatherback (Dermochelys Coriacea) and Loggerhead (Caretta caretta) turtles are listed as endangered and migratory.

W13-11 overlaps with a Flatback turtle Biologically Important inter-nesting area. In addition, W13-11 is located adjacent to the inter-nesting areas for Green turtles and Hawksbill turtles.

The Conservation Values Atlas identifies that Release Areas W13-12 and W13-13 overlap with Biologically Important Areas for inter-nesting for Flatback, Green, Hawksbill and Loggerhead turtles. W13-12 and W13-13 are also in close proximity to marine turtle Biologically Important foraging and nesting areas.

The critically endangered Short-nosed seasnake (Aipysurus apraefrontalis) may occur in the waters of W13-10, depending on water depth, as its range includes the Sahul Shelf and shallow waters from Exmouth Gulf to Broome.

Elasmobranchs

The Marine Bioregional Plan for the North-west Marine Region has identified a Biologically Important foraging area for the vulnerable and migratory Whale shark (Rhincodon typus) in these Release Areas.

The distribution of the migratory Giant manta ray (Manta birostris) is not well understood but, similar to the Whale shark, it is a filter-feeder and feeds upon plankton, krill and larvae, so may occupy similar habitat to the Whale shark. Migratory Shortfin (Isurus oxyrinchus) and Longfin (Isurus paucus) mako sharks may occur in in these Release Areas.

Migratory Birds

These Release Areas are within foraging areas for numerous migratory seabirds such as Wedge-tailed shearwaters (Ardenna pacifica), Streaked shearwaters (Calonectris leucomelas), petrels (Pterodroma spp.), noddies and terns (Laridae spp.).

In addition, the migratory Roseate tern (Sterna dougallii) and the vulnerable Fairy tern (Sternula nereis nereis) breed on offshore islands between Exmouth and Karratha. W13-13 is adjacent to breeding and foraging areas for these species.

Heritage

The Dampier Archipelago (including Burrup Peninsula) is located approximately 120 km south of W13-10 and 50 km south-east of W13-11, W13-12 and W13-13. Any action which may lead to an increase in onshore development within or in close proximity to the Dampier Archipelago has the potential to impact on the values of the National Heritage place. A comprehensive description of the National Heritage values can be found under ‘AHDB place details’ on: http://www.environment.gov.au/heritage/places/national/dampier-archipelago/index.html.

For heritage sites within or in proximity to the Release Area and their values and statements of significance, search the Australian Heritage Database at: http://www.environment.gov.au/cgi-bin/ahdb/search.pl

Fishing Activities

These Release Areas are within the North West Slope Trawl Fishery, Western Tuna and Billfish Fishery, Skipjack Tuna, and Southern Bluefin Tuna Fisheries’ ranges. Historical AFMA logbook data for 2009 to 2012 indicates that no vessels reported operating in the Release Areas. As fishing activity may vary from year to year, AFMA recommends successful applicants liaise with representatives of the above fishing interests at an early stage in planning operational activities.

Navigation

Release Areas W13-12 and W13-13 are subject to significant east west coastal traffic. W13-11 and, to a lesser extent W13-10, is subject to local rig support traffic.

Potential applicants for W13-13 must note that the Shipping Fairway intended to cater for Gorgon traffic runs north-south along longitude 115° 50’ E and passes through the center of

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the Release Area. Exploratory drilling programs in this Release Area must avoid sites within the fairway. Proponents should also contact the Nautical and Regulation Section of AMSA with a view to obtaining traffic data and to discuss collision prevention measures.

Northern Carnarvon Basin – Exmouth Plateau

W13-14 / W13-15 / W13-16 / W13-17 / W13-18

Defence

Area W13-16 is wholly contained within the Learmonth Air Weapons Range. This area is approved for live weapons firing, including high explosive weapons and the safety of infrastructure cannot be guaranteed. Applicants are advised that this area is used regularly, and ADF exercise schedules are variable and may change at short notice.

When activated by a NOTAM, the restricted airspace can operate down to sea level. Successful applicants will need to liaise with Defence during the planning phase of operations, and to provide information on the proposed location of any drilling rigs for inclusion in the register of structures database that is maintained by the RAAF AIS.

Successful applicants should also note that, as the areas are used for live firings, UXO may exist on the sea floor. This carries with it an associated risk of detonation, which will be borne by the applicants. Applicants should recognise that Defence takes no responsibility for reporting the location and type of ordnance dropped in the areas, for identification or removal of any UXO, or for any damage sustained to equipment in the unlikely event of UXO detonation. As such, the Australian Government provides no guarantee or indemnity to titleholders or others with regard to the safety or whereabouts of unexploded ordnance in such areas.

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.

Access to DPA and MEA may be restricted with all sea and aircraft possibly being ordered to evacuate the DPA/MEA at short notice.

The point of contact for Defence activities is set out above under ‘Notices for All Areas’.

Environmental Protection

Commonwealth Marine Areas

W13-14 and W13-15 are not in close proximity to any Commonwealth Marine Reserve, however proponents should note that Commonwealth Marine Reserves in the larger vicinity may be impacted by petroleum industry activities. Information about Commonwealth Marine Reserves in the larger vicinity is located at: http://www.environment.gov.au/marinereserves/index.html

W13-14 and W13-15 overlap with the Exmouth Plateau which is a Key Ecological Feature in the North-west Marine Region. The values of this area include unique sea-floor features with ecological properties of regional significance.

W13-16 is within the Gascoyne Commonwealth Marine Reserve. The reserve includes a Multiple Use Zone (IUCN Category VI), Marine National Park Zone (IUCN Category II) and Habitat Protection Zone (IUCN Category IV). W13-16 is within the Multiple Use Zone of the reserve.

The major conservation values of this Commonwealth Marine Reserve include:

Important foraging areas for migratory seabirds, vulnerable and migratory Whale sharks (Rhincodon typus), and vulnerable and migratory Hawksbill (Eretmochelys imbricata) and Flatback (Natator depressus) turtles;

A continuous connectivity corridor from shallow depths around 15 m out to deep offshore waters on the abyssal plain at over 5000 m in depth;

Protection to many seafloor features; Examples of the ecosystems of the Central Western

Shelf Transition, the Central Western Transition and the Northwest province provincial bioregions as well as the Ningaloo meso-scale bioregion;

Three Key Ecological Features for the region; and Provides connectivity between the inshore waters of

the existing Ningaloo Commonwealth marine park and the deeper waters of the area.

W13-16 is in proximity to the:

Continental Slope Demersal Fish Communities; Exmouth Plateau; and Canyons linking the Cuvier Abyssal Plain and the

Cape Range Peninsula

which are Key Ecological Features in the North-west Marine Region. The values of these areas include unique sea-floor features with ecological properties of regional significance and or high levels of endemism.

W13-17 is approximately 14 km from the Gascoyne Commonwealth Marine Reserve. The reserve includes a Multiple Use Zone (IUCN Category VI), Marine National Park Zone (IUCN Category II) and Habitat Protection Zone (IUCN Category IV). The Multiple Use Zone is the closest zone to W13-17.

The major conservation values of this Commonwealth Marine Reserve include:

Important foraging areas for migratory seabirds, vulnerable and migratory Whale shark (Rhincodon typus), and vulnerable and migratory Hawksbill (Eretmochelys imbricata) and Flatback (Natator depressus) turtles;

A continuous connectivity corridor from shallow depths around 15 m out to deep offshore waters on the abyssal plain at over 5000 m in depth;

Protection to many seafloor features;

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Examples of the ecosystems of the Central Western Shelf Transition, the Central Western Transition and the Northwest province provincial bioregions as well as the Ningaloo meso-scale bioregion;

Three Key Ecological Features for the region; and Provides connectivity between the inshore waters of

the existing Ningaloo Commonwealth marine park and the deeper waters of the area.

W13-17 is also in proximity to the Continental Slope Demersal Fish Communities which is a Key Ecological Feature in the North-west Marine Region. The values of this area include high levels of endemism.

W13-18 is approximately 18 km north of the Ningaloo Commonwealth Marine Reserve. The reserve is a Recreational Use Zone (IUCN Category II).

The major conservation values of this Commonwealth Marine Reserve include:

Foraging areas for vulnerable and migratory Whale shark (Rhincodon typus);

Foraging areas and adjacent to important nesting sites for marine turtles;

Includes part of the migratory pathway of the vulner-able and migratory Humpback whales (Megaptera novaeangliae);

The reserve includes shallow shelf environments and provides protection for shelf and slope habitats, as well as pinnacle and terrace seafloor features; and

Examples of the seafloor habitats and communities of the Central Western Shelf Transition.

W13-18 is also in proximity to the:

Continental Slope Demersal Fish Communities; Canyons linking the Cuvier Abyssal Plain and the

Cape Range Peninsula; Commonwealth Waters Adjacent to Ningaloo Reef;

and Ancient Coastline at 125 m Depth Contour

which are Key Ecological Features in the North-west Marine Region. The values of these areas include unique sea-floor features with ecological properties of regional significance, high productivity and aggregations of marine life and high levels of endemism.

Further information about Commonwealth Marine Reserves in the larger vicinity is located at: http://www.environment.gov.au/marinereserves/index.html

Biologically Important Areas

Biologically Important Areas are areas that are particularly important for the conservation of protected species and where aggregations of individuals of a protected species display biologically important behaviour such as breeding, foraging, resting or migration. The presence of the observed behaviour is assumed to indicate that habitat required for the behaviour

is also present. For current information on species behaviours and seasonality of species occurrence within Biologically Important Areas please refer to the Conservation Values Atlas at: http://www.environment.gov.au/coasts/marineplans/cva/index.html

W13-14 and W13-15 do not overlap with any known Biologically Important Area. W13-16 and W13-17 overlap with Biologically Important Areas for the migratory Wedge-tailed shearwater (Ardenna pacifica). Other Biologically Important Areas are also in proximity to W13-16 and W13-17.

W13-18 overlaps with Biologically Important Areas for:

Birds: migratory Wedge-tailed shearwater (Ardenna pacifica);

Turtles: vulnerable and migratory Flatback turtle (Natator depressus), vulnerable and migratory Green turtle (Chelonia mydas), and endangered and migratory Loggerhead turtle (Caretta caretta);

Cetacean: vulnerable and migratory Humpback whale (Megaptera novaeangliae); and

Elasmobranches: vulnerable and migratory Whale shark (Rhincodon typus).

Other Biologically Important Areas are also in proximity to W13-18.

The Marine Bioregional Plan for the North-west Marine Region provides regional advice for proponents with respect to Biologically Important Areas and Key Ecological Features (http://www.environment.gov.au/coasts/marineplans/north-west/index.html)

Threatened and Migratory Species

A number of EPBC Act listed threatened and migratory species are found in or near the Release Areas. Applicants for W13-18 should be aware that planning exploration activities to avoid timeframes where the different species are likely to be present during biologically important times, or values are not impacted will be difficult. Activities planned for these Release Areas during biologically important times for listed threatened and migratory species are likely to be subject to close scrutiny under the EPBC Act.

Cetaceans

The vulnerable and migratory Humpback whale (Megaptera novaeangliae) migrates along the West Coast between May and November each year, arrives in the waters of the North-west Marine Region in early June and around October for the Southern migration. Cow and calf migration can occur for up to four weeks after the southern peak migration period. W13-16 is approximately 35 km from the main migration pathway for this species. Humpback whales may migrate through W13-17. W13-18 is within the main migration pathway for this species. In addition, Exmouth Gulf is an important resting area for Humpback whales with high densities of nursing cows with calves during the southern migration

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The endangered and migratory Blue whale (Balaenoptera musculus) may migrate through W13-14, W13-15, W13-16 and W13-17 and are known to migrate through W13-18 on their northern migration as they move up the coast, passing Exmouth in the period March through to August before continuing north. Whales migrate north after leaving the feeding area in the Perth Canyon. Their southern migration down the Western Australian coast is from September to late December. They tend to pass along the shelf edge at depths between 500 m and 1000 m, moving faster on the southern migration and coming in close to the coast in the Exmouth – Montebello Islands area. In addition, the Draft National Recovery Plan for the Blue Whale (Balaenoptera musculus) indicates there is a possible feeding area near Exmouth.

Seismic activities should be planned in accordance with EPBC Act Policy Statement 2.1 – Interaction between offshore seismic exploration and whales (September 2008).

Dugongs

The migratory Dugong (Dugong dugon) occurs in W13-17 and W13-18 in the Exmouth Gulf and offshore on the North West Shelf and in and adjacent to the Ningaloo Reef. Approximately 1000 individuals have been recorded in the Exmouth Gulf–Ningaloo Reef area. The Marine Bioregional Plan for the North-west Marine Region identifies Exmouth Gulf and Ningaloo Reef as year round Biologically Important Areas for Dugong foraging and nursing.

Reptiles

Five species of marine turtle that occur in Australian waters may occur in these Release Areas. Flatback (Natator depressus), Green (Chelonia mydas) and Hawksbill (Eretmochelys imbricata) turtles are listed as vulnerable and migratory, and Leatherback (Dermochelys Coriacea) and Loggerhead (Caretta caretta) turtles are listed as endangered and migratory.

The Marine Bioregional Plan for the North-west Marine Region identifies the coastline between Exmouth and Karratha as containing Biologically Important Areas for marine turtles during nesting/foraging/inter-nesting/hatching at certain times.

W13-17 is approximately 75 km from the Muiron Islands, which contains Biologically Important nesting areas for Green turtles and Loggerhead turtles at certain times. The Biologically Important inter-nesting areas for Green and Loggerhead turtles extend 20 km from nesting areas. The Recovery Plan for Marine Turtles in Australia identifies habitat critical to the survival of marine turtles to include Muiron Island and all waters within a 20 km radius for the Loggerhead turtle.

W13-18 is located adjacent to the inter-nesting areas for vulnerable and migratory Green, Flatback and Hawksbill turtles.

W13-18 is approximately 19 km from the Muiron Islands, which contains Biologically Important nesting areas for Green turtles and Loggerhead turtles at certain times. The

Biologically Important Areas for inter-nesting Green and Loggerhead turtles extend 20 km from nesting areas. In addition, the Flatback turtle inter-nesting area is 80 km from nesting areas and overlaps with W13-18. The Recovery Plan for Marine Turtles in Australia identifies habitat critical to the survival of marine turtles to include Muiron Island and all waters within a 20 km radius for the Loggerhead turtle.

Any activities in this area, including seismic surveys and their related activities, are likely to be subject to close scrutiny under the EPBC Act.

The critically endangered Short-nosed seasnake (Aipysurus apraefrontalis) range includes the Sahul Shelf and shallow waters from Exmouth Gulf to Broome and, as such, the species may occur in the waters of these Release Areas.

Elasmobranchs

Migratory Shortfin (Isurus oxyrinchus) and Longfin (Isurus paucus) mako sharks may occur in these Release Areas.

In W13-16, the Marine Bioregional Plan for the North-west Marine Region has identified vulnerable and migratory Whale shark (Rhincodon typus) biologically important feeding area (high density prey) approximately 50 km from W13-16 at the Ningaloo Reef, between March and July. Given this, Whale sharks may occur in W13-16.

In W13-17, the Marine Bioregional Plan for the North-west Marine Region has identified a Biologically Important foraging area, north of the Ningaloo Coast, for the vulnerable and migratory Whale shark (Rhincodon typus), east of W13-17. Ningaloo Reef has been identified as a seasonal aggregation area for this species between March and July.

In W13-18, the Marine Bioregional Plan for the North-west Marine Region has identified a Biologically Important Area for foraging for the vulnerable and migratory Whale shark (Rhincodon typus) within W13-18. In addition, there is a Biologically Important Areas for feeding (high density prey) for the Whale shark less than 40 km from W13-18. Ningaloo Reef has been identified as a seasonal aggregation area for this species between March and July. This aggregation site is also identified as habitat critical to the survival of the species in the 2005 Whale Shark Recovery Plan.

The distribution of the migratory Giant manta ray (Manta birostris) is not well understood, but similar to the Whale shark, as it is a filter-feeder that feeds upon plankton, krill and larvae, so may occupy similar habitat to the Whale shark.

The vulnerable Great white shark (Carcharodon carcharias) and the vulnerable Grey nurse shark (Carcharias taurus) (west coast population) may occur within the W13-17 and W13-18 Release Areas.

The migratory Shortfin (Isurus oxyrinchus) and Longfin (Isurus paucus) mako sharks may also occur in W13-17 and W13-18.

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Migratory Birds

These Release Areas lie within foraging areas for numerous migratory seabirds such as Wedge-tailed Shearwaters, Streaked Shearwaters (Calonectris leucomelas), petrels (Pterodroma spp.), noddies and terns (Laridae spp.).

Heritage

Release Area W13-16 is approximately 50 km from the World Heritage Area and National Heritage List place ‘The Ningaloo Coast’.

Release Area W13-17 is approximately 75 km north of the World Heritage Area and National Heritage List place ‘The Ningaloo Coast’.

W13-18 is in close proximity, approximately 13 km, to the World Heritage Area and National Heritage List place ‘The Ningaloo Coast’.

W13-16, W13-17 and W13-18 are listed for terrestrial and marine values, including reef aesthetics, vulnerable and migratory Whale shark (Rhincodon typus) aggregation, marine ecosystem diversity and marine turtle diversity.

The proximity of W13-16, W13-17 and W13-18 to the Ningaloo Coast, with its abundance of marine species included in both the World and National heritage listings, means there could be impacts to heritage values during migration, aggregation and nesting periods for these species, even if the impacts originate from, or occur to mobile species, outside the boundary of the World and National Heritage Areas.

The Ningaloo Coast is listed for National and World heritage values. Locations within these properties are also listed on the Commonwealth Heritage List as the ‘Ningaloo Marine Area – Commonwealth Waters’. The statement of significance and official values for these locations are available through the Australian Heritage Database at: www.environment.gov.au/cgi-bin/ahdb/search.pl

The property is listed for both terrestrial and marine values, including reef aesthetics, vulnerable and migratory Whale shark (Rhincodon typus) aggregation, marine ecosystem diversity and marine turtle diversity.

The statement of outstanding universal value for the Ningaloo Coast World Heritage Area can be found at: http://www.environment.gov.au/heritage/places/world/ningaloo/values.html, and a comprehensive description of the national heritage values can be found under ‘AHDB place details’ on: http://www.environment.gov.au/heritage/places/national/ningaloo/information.html

Any activities in this area, including seismic surveys, and activities with associated risk of hydrocarbon spills, are likely to be subject to close scrutiny under the EPBC Act.

Fishing Activities

These Release Areas are within the Western Tuna and Billfish Fishery, North West Slope Trawl Fishery, Western Deepwater Trawl Fishery, Western Skipjack Tuna and Southern Bluefin Tuna Fisheries’ ranges. Historical AFMA logbook data for 2009 to 2012 indicates that no vessels reported operating in the Release Areas. As fishing activity may vary from year to year, AFMA recommends successful applicants liaise with representatives of the above fishing interests at an early stage in planning operational activities. Please note that the North West Slope Trawl Fishery and Western Deepwater Trawl Fishery are separated by the line of longitude 114°E (the North West Slope Trawl Fishery being north of latitude 21°37′S). Release Area W13-17 crosses both fisheries.

Navigation

These Release Areas are subject to international, coastal and local traffic. Proponents are advised to obtain traffic data from AMSA when planning exploratory seismic or drilling operations.

North Perth Basin – Houtman Sub-basin

W13-19 / W13-20

Environmental Protection

State Consultation

Release Areas W13-9 and W13-20 are in the vicinity of the Abrolhos Islands which is an environmentally important area. It is recommended that applicants consult with Western Australian agencies including the Department of Environment and Conservation, the Environmental Protection Authority, the Department of Fisheries, and the Department of Transport with regard to any proposed operational activities (i.e. drilling, seismic surveys) within the Release Areas, prior to undertaking the activities. Due regard must also be given to recreational fishing vessels at all times and consultation with both the Western Australian Fishing Industry Council and Recfishwest is recommended.

Commonwealth Marine Areas

The Release Areas W13-19 and W13-20 are in proximity to the Abrolhos Commonwealth Marine Reserve. The reserve includes a Marine National Park Zone (IUCN Category II), Habitat Protection Zone (IUCN Category VI), Multiple Use Zone (IUCN Category VI) and Special Purpose Zone (IUCN Category VI). The Release Areas overlap with the Multiple Use and Special Purpose Zones.

W13-19 and W13-20 are within approximately 5 km off the Abrolhos Commonwealth Marine Reserve Marine National Park Zone. Any activities in these Release Areas, including seismic surveys, are likely to be subject to close scrutiny under the EPBC Act.

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The major conservation values of this Commonwealth Marine Reserve include:

Important foraging areas; Important migration habitat for the vulnerable and

migratory Humpback whale (Megaptera novae-angliae);

Second largest canyon on the west coast; Examples of:

o The northernmost ecosystems of the Central Western Province and South-west Shelf Transition;

o The deeper ecosystems of the Abrolhos Islands meso-scale bioregion and Central Western Transition provincial bioregion;

o The shallower, southernmost ecosystems of the Central Western Shelf Province provincial bioregion including the Zuytdorp meso-scale bioregion;

o Diversity of seafloor features; and

Six Key Ecological Features.

Further information about this Commonwealth Marine Reserve and other Commonwealth Marine Reserves in the larger vicinity is located at: http://www.environment.gov.au/marinereserves/index.html.

These Release Areas are also in proximity to the:

Commonwealth marine environment surrounding the Houtman Abrolhos Islands;

Demersal slope and associated fish communities of the Central Western Province;

Meso-scale eddies; Western rock lobster; Perth Canyon and adjacent shelf break, and other

west coast canyons; and Ancient coastline at 90-120 m depth

which are Key Ecological Features in the South-west Marine Region. The values of these areas include unique sea-floor features with ecological properties, a regionally important ecological role, species groups which are nationally or regionally important to biodiversity, high productivity and aggregations of marine life, or high levels of biodiversity and endemism.

Biologically Important Areas

These Release Areas overlap with, or are in proximity to, Biologically Important Areas for:

Cetaceans: vulnerable and migratory Humpback whale (Megaptera novaeangliae);

Pinnipeds: vulnerable Australian sea lion (Neophoca cinerea);

Birds including: vulnerable and migratory Black-browed albatross (Thalassarche melanophris), vulnerable and migratory Indian Yellow-nosed albatross (Thalassarche carteri), vulnerable Soft-plumaged petrel (Pterodroma mollis), vulnerable Australian lesser noddy (Anous tenuirostris melanops), vulnerable Fairy tern (Sternula nereis nereis), migratory Bridled tern (Onychoprion anaethetus), migratory Wedge-tailed shearwater (Ardenna pacifica), migratory Caspian tern (Hydroprogne caspia), migratory Common noddy (Anous stolidus) , migratory Eastern Osprey (Pandion Cristatus), migratory Roseate Tern (Sterna dougallii), migratory White-bellied sea-eagle (Haliaeetus leucogaster) and migratory Wilson's storm-petrel (Oceanites oceanicus); and

Elasmobranchs: vulnerable and migratory Great white shark (Carcharodon carcharias).

Biologically Important Areas are areas that are particularly important for the conservation of protected species and where aggregations of individuals of a protected species display biologically important behaviour such as breeding, foraging, resting or migration. The presence of the observed behaviour is assumed to indicate that habitat required for the behaviour is also present. For current information on species behaviours and seasonality of species occurrence within Biologically Important Areas please refer to the Conservation Values Atlas at: http://www.environment.gov.au/coasts/marineplans/cva/index.html

The Marine Bioregional Plan for the South-west Marine Region provides regional advice for proponents with respect to Biologically Important Areas and Key Ecological Features (http://www.environment.gov.au/coasts/marineplans/south-west/index.html)

Threatened and Migratory Species

A number of EPBC Act listed threatened and migratory species are found in or near these Release Areas. Activities planned for these Release Areas during biologically important times for listed threatened and migratory species are likely to be subject to close scrutiny under the EPBC Act.

Cetaceans

Both of these Release Areas overlap with the migratory pathway for the vulnerable and migratory Humpback whale (Megaptera novaeangliae). In addition, the Conservation Values Atlas shows these Release Areas are in proximity to a known resting area for the Humpback whale.

The endangered and migratory Blue whale (Balaenoptera musculus) is also known to occur in W13-19 and W13-20. In addition, Blue whales are known to feed and rest in the Perth Canyon. The Conservation Values Atlas identifies that Blue whales start to arrive in the Perth Canyon during November with peak feeding occurring between March and May. Blue whales migrate north after leaving the feeding area in the Perth Canyon. The Perth Canyon is approximately 170 km south of Release Area W13-20.

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Seismic activities should be planned in accordance with EPBC Act Policy Statement 2.1 – Interaction between offshore seismic exploration and whales (September 2008).

Pinnipeds

These Release Areas are directly adjacent to the Houtman Abrolhos Islands. These islands and surrounding waters have been identified in the Marine Bioregional Plan for the South-west Marine Region as Biologically Important Areas for breeding and foraging for the vulnerable Australian sea lion (Neophoca cinerea). Most Australian sea lion colonies are small and as the species has almost no capacity to re-colonise depleted areas, even low levels of human induced mortality may impact on the conservation status of the Australian sea lion.

Reptiles

All six species of marine turtle that occur in Australian waters may occur in these Release Areas. Flatback (Natator depressus), Green (Chelonia mydas) and Hawksbill (Eretmochelys imbricata) turtles are listed as vulnerable and migratory, and Leatherback (Dermochelys Coriacea), Loggerhead (Caretta caretta) and Olive ridley (Lepidochelys olivacea) turtles are listed as endangered and migratory.

Elasmobranchs

The vulnerable and migratory Great white shark (Carcharodon carcharias) has a Biologically Important Areas for foraging which overlaps with these Release Areas.

The migratory and vulnerable Whale shark (Rhincodon typus), vulnerable Grey nurse shark (Carcharias taurus) (west coast population), migratory Shortfin mako (Isurus oxyrinchus), migratory Longfin mako (Isurus paucus) and migratory Porbeagle (Lamna nasus) may also occur within these Release Areas.

Migratory Birds

The Houtman Abrolhos Islands contain Biologically Important Areas for at least 11 species of seabirds that use the islands for breeding. Depending on the species, foraging areas extend from just a short distance to over 500 km from breeding colonies. Release Area W13-19 is located within important foraging habitat for five of these species, while W13-20 is located within important foraging habitat and directly adjacent to important breeding sites for 11 species.

The Marine Bioregional Plan for the South-west Marine Region states that any action that introduces or increases lighting and flares from offshore sources at and around breeding colonies for Flesh-footed shearwater, Wedge-tailed shearwater, Bridled tern and Australian lesser noddy has a high risk of a significant impact.

Heritage

For heritage sites within or in proximity to the Release Areas and their values and statements of significance, such as the Batavia Shipwreck Site and Survivor Camps Area 1629 –

Houtman Abrolhos, search the Australian Heritage Database at: http://www.environment.gov.au/cgi-bin/ahdb/search.pl

Navigation

The main west coast shipping route passes through these Release Areas; significant shipping traffic will be encountered on this route.

When planning exploratory seismic or drilling operations in W13-19 and W13-20, proponents are to contact the Nautical and Regulation Section of AMSA with a view to obtaining traffic data and to discuss collision prevention measures.

RELEASE AREAS OFF VICTORIA

Otway Basin

V13-1

Environmental Protection

Commonwealth Marine Area

Release Area V13-1 is in close proximity to the Apollo Commonwealth Marine Reserve, which is a Multiple Use Zone (IUCN category VI).

The Apollo Commonwealth Marine Reserve encompasses the continental shelf ecosystem of the major biological zone that extends from South Australia to the west of Tasmania. The area includes the Otway Depression, an undersea valley that joins the Bass Basin to the open ocean. This valley was an outlet channel from the old Bass Lake and mainland river systems during the last ice age. The shelf is a high-energy environment, exposed to large swell waves propagating from the south-west and strong tidal flows.

The Apollo Commonwealth Marine Reserve is a relatively shallow reserve with big waves and strong tidal flows. The seafloor features a large valley with remnants of mainland river systems, whilst the rough seas are home to Australian fur seals and school sharks.

Further information on the South-east Commonwealth Marine Reserve network is available at: http://www.environment.gov.au/coasts/mbp/south-east/index.html.

This Release Area is not in close proximity to any Key Ecological Features, however proponents should note that Key Ecological Features in the larger vicinity may be impacted by petroleum industry activities.

Biologically Important Areas

V13-1 overlaps with or is in proximity to Biologically Important Areas for the following species:

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Cetaceans - migratory and endangered Southern right whale (Eubalaena australis), migratory and endangered Blue whale (Balaenoptera musculus) and the migratory and vulnerable Fin (Balaenoptera physalus) and Sei (Balaenoptera borealis) whales.

Biologically Important Areas are areas that are particularly important for the conservation of protected species and where aggregations of individuals of a protected species display biologically important behaviour such as breeding, foraging, resting or migration. The presence of the observed behaviour is assumed to indicate that habitat required for the behaviour is also present.

Threatened and Migratory Species

A number of EPBC Act listed threatened and migratory species are found in or near the Release Area, and Biologically Important Areas for these species are present in the vicinity. Activities planned for V13-1 during biologically important times for listed threatened and migratory species are likely to be subject to close scrutiny under the EPBC Act.

Cetaceans

V13-1 lies within an important feeding zone, the Bonney Upwelling, for the migratory and endangered Blue whale (Balaenoptera musculus) and the migratory and vulnerable Fin (Balaenoptera physalus) and Sei (Balaenoptera borealis) whales. Blue whales, and to a lesser extent Fin and Sei whales, are highly likely to be present in this area during the summer feeding season (November to May). The feeding season is dependent on wind and sea currents driving an upwelling event, which attracts krill to the area. Blue whales rely on krill as a main food source and require adequate supplies to accumulate energy reserves essential for migration and breeding. It is difficult to predict peak feeding times, however greatest precaution is required between December and March.

V13-1 is also very close to a recognised breeding aggregation site for the migratory and endangered Southern right whale (Eubalaena australis). During colder months (May to October, and occasionally as early as April and as late as November), the Southern right whale uses waters from Portland to Warrnambool to calve and rest.

Both Blue whales and Southern right whales have had only a small or no increase in populations identified over recent years. In this area, these whales are, collectively, engaged in critical lifecycle activities of feeding or breeding for most of the year.

The migratory and vulnerable Humpback whale (Megaptera novaeangliae) has been observed transiting through this area and this is likely to occur more frequently as the population increases.

Applicants for this Release Area should be aware that planning exploration activities to avoid timeframes where these species are likely to be present will be difficult. Both exploration and production activities, but particularly seismic surveys, proposed in these areas are likely to be subject to

close scrutiny under the EPBC Act, due to the potential for activities to affect the behaviour of whales engaging in biologically important activities. Activities planned for this survey area will need careful consideration and may require mitigation measures to be implemented which are beyond the scope of EPBC Act Policy Statement 2.1 – Interaction between offshore seismic exploration and whales, or require further assessment and an approval decision under the EPBC Act. Activities should be planned to allow sufficient time to undertake an assessment process.

Marine turtles

Four of the six species of marine turtle that are found in Australian waters are known or may occur in V13-1. The migratory and vulnerable Green turtle (Chelonia mydas) and migratory and endangered Loggerhead (Caretta caretta) and Olive Ridley (Lepidochelys olivacea) turtles may occur, while the migratory and endangered Leatherback turtle (Dermochelys coriacea) is more common. The Bass Strait has been identified as an important foraging area for the Leatherback turtle.

Migratory Birds

This Release Area lies within foraging areas for numerous migratory seabirds such as the Short-tailed shearwater (Ardenna tenuirostris), petrels (Pterodroma spp.) and terns (Sterna spp.). Exposed reef, island and close mainland shorelines have the potential to support migratory shorebirds.

Elasmobranchs

The migratory and vulnerable Great white shark (Carcharadon carcharias), migratory Shortfin mako shark (Isurus oxyrinchus) and migratory Porbeagle (Lamna nasus) may occur within V13-1.

Ramsar Wetlands

V13-1 is located approximately 70 km from Lavinia Ramsar site on King Island in Bass Strait approximately 150 km from the Port Philip Bay (Western Shoreline) and Bellarine Peninsula Ramsar site and approximately 180 km from the Western Port Ramsar Site.

Lavinia

The site is an important refuge for a collection of regional and nationally threatened species, including the critically endangered and migratory Orange-bellied parrot (Neophema chrysogaster). This parrot is heavily dependent upon the samphire plant, which occurs in the saltmarsh, for food during migration. They also roost at night in the trees and scrub surrounding the Sea Elephant River estuary.

Port Philip Bay (Western Shoreline) and Bellarine Peninsula

This Ramsar site is the sixth most important area in Australia for migratory waders. Large numbers of bird species including Pied oystercatcher (Haematopus longirostris), Banded stilt (Cladorhynchus leucocephalus), Fairy tern (Sternula nereis), Australasian shoveler (Anas rhynchotis), Red-necked avocets

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(Recurvirostra novaehollandiae), Blue-billed duck (Oxyura australis), Freckled duck (Stictonetta naevosa), migratory Red-necked stint (Calidris ruficollis) and migratory Sharp-tailed sandpiper (Calidris acuminata) have been recorded at the site.

The site provides important habitat for listed threatened species such as the Little tern (Sternula albifrons). In particular, large numbers of the Orange-bellied parrot utilise Port Phillip Bay during the winter after their summer migration to Tasmania to breed. Swan Bay and Limeburners Lagoon are also valuable fish breeding grounds for many of the commercial species caught in Port Phillip Bay.

Western Port Ramsar Site

Western Port is a deepwater coastal inlet that has long been recognised for its diversity of native flora and fauna, particularly for its ability to support diverse assemblages of waterbirds and wetland vegetation, including extensive seagrass, saltmarsh and mangrove coverage. The site supports at least 115 waterbirds species, including more than 1% of the estimated flyway population of 5 wader species and 3 non-pelagic waterbird species. The site also supports more than 34 species listed under the China-Australia Migratory Bird Agreement (CAMBA), Japan-Australia Migratory Bird Agreement (JAMBA) and Republic of Korea-Australia Migratory Bird Agreement (ROKAMBA) agreement.

Heritage

V13-1 is within 9 km of the coastline of the National Heritage List place ‘Great Ocean Road and Scenic Environs’. The Great Ocean Road is listed for national heritage values relating to its history, natural landscapes and aesthetic values. Visual interruption of the seascapes which are viewed from several lookouts identified in the National Heritage List values are a cause for concern. Significant viewpoints captured in the National Heritage List values include the Twelve Apostles lookouts and Gable lookout.

The Australian Heritage Council has produced a map which identifies significant viewpoints and viewing distances from the shoreline. The viewing zone identified in the map extends to approximately 30 km off shore.

Any visual obtrusions or semi-permanent infrastructure in V13-1 (including but not limited to offshore exploration platforms) which significantly detract from the aesthetic experience of the lookouts identified in the National Heritage List values, may need further assessment and an approval decision under the EPBC Act.

The statement of significance and official values for this place is available through searching for the term “Great Ocean Road and Scenic Environs” at the Australian Heritage Database at: www.environment.gov.au/cgi-bin/ahdb/search.pl.

For other heritage sites in proximity to the Release Area and their values and statements of significance, search the Australian Heritage Database at: http://www.environment.gov.au/cgi-bin/ahdb/search.pl

Shipwrecks potentially in the Release Area include:

No. Ship Long. (GDA94) Lat. (GDA94)

70 Bat Unknown Unknown

78 Black Watch Unknown Unknown

619 SS Selje Unknown Unknown

730 W.Gordon Unknown Unknown

469 Minerva Unknown Unknown

Prior to marine surveys being undertaken it is recommended that a ‘Notification of Intent to Survey’ form is completed. This form can be obtained from Heritage Victoria.

Prior to marine surveys being undertaken it is recommended that a ‘Notification of Intent to Survey’ form is completed. This form can be obtained from Heritage Victoria. http://www.dpcd.vic.gov.au/heritage/Forms-and-Guidelines

Fishing Activities

Release Area V13-1 is within the Bass Strait Central Zone Scallop Fishery, Eastern Skipjack Tuna Fishery, Eastern Tuna Billfish Fishery, South Eastern Scalefish and Shark Fishery, Southern Squid Jig Fishery, Small Pelagic Fishery and Southern Bluefin Tuna ranges. Historical AFMA logbook data for 2009 to 2012 indicates that vessels from the Gillnet Hook and Trap and Commonwealth Trawl sectors of the South Eastern Scalefish and Shark Fishery reported operating in these Release Areas. AFMA recommends successful applicants liaise with representatives of the above fishing interests at an early stage in planning operational activities.

Navigation

The successful applicant must be aware that Release Area V13-1 is subject to large volumes of concentrated shipping traffic.  Operators should consult with AMSA’s Nautical and Regulation Manager in the early stages of planning exploration activities regarding anti-collision measures on their offshore infrastructure. Such measures can include warning and navigational lights, Automatic Identification System (AIS), beacons and an offshore guard vessel that is able to monitor traffic and ensure anti-collision action is taken in the event of a vessel approaching on a collision course.  

Native Title

Native title is the recognition by Australian law that some Indigenous people have rights and interests to their land that come from their traditional laws and customs.

The native title rights and interests held by particular Indigenous people will depend on both their traditional laws and customs and what interests are held by others in the area concerned.

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Native Title Services Victoria (NTSV) emphasise the importance of recognising traditional owner groups as stakeholders, and in the event that the proposed release of acreage may affect their native title rights and interests, the traditional owners should be included in the consultation process prior to any works being carried out in the area.

NTSV acts for the Eastern Maar peoples who have lodged a native title determination application over land and waters including Cape Otway, the Great Otway National Park and the Otway Forest Park. More information about the claim is available at: http://www.nntt.gov.au/Applications-And-Determinations/Search-Applications/Pages/Application.aspx?tribunal_file_no=VC2012/001

Gippsland Basin

V13-2

Environmental Protection

Commonwealth Marine Area

V13-2 is not in close proximity to any Commonwealth Marine Reserve or Key Ecological Features, however applicants should note that Commonwealth Marine Reserves or Key Ecological Features in the larger vicinity may be impacted by petroleum industry activities.

Further information on the South-east Commonwealth Marine Reserve network is available at: http://www.environment.gov.au/coasts/mbp/south-east/index.html.

Biologically Important Areas

V13-2 overlaps with or is in proximity to Biologically Important Areas for the following species:

Elasmobranchs - migratory and vulnerable Great white shark (Carcharadon carcharias); and

Migratory Birds - migratory and endangered Chatham Albatross (Thalassarche eremita).

Biologically Important Areas are areas that are particularly important for the conservation of protected species and where aggregations of individuals of a protected species display biologically important behaviour such as breeding, foraging, resting or migration. The presence of the observed behaviour is assumed to indicate that habitat required for the behaviour is also present.

Threatened and Migratory Species

A number of EPBC Act listed threatened and migratory species are found in or near the Release Area, and Biologically Important Areas for these species are present in the vicinity. Activities planned for this Release Area during biologically important times for listed threatened and migratory species are likely to be subject to close scrutiny under the EPBC Act.

Cetaceans

The Gippsland coast is an area that is transited by the migratory and endangered Southern right whale (Eubalaena australis) and the migratory and vulnerable Humpback whale (Megaptera novaeangliae) between May and October. Other whale species, including the migratory and endangered Blue whale (Balaenoptera musculus) and migratory and vulnerable Fin (Balaenoptera physalus) and Sei (Balaenoptera borealis) whales, as well as some smaller toothed whales, may be present along the Gippsland coast at different times of the year. Seismic activities should be planned in accordance with EPBC Act Policy Statement 2.1 – Interaction between offshore seismic exploration and whales.

Marine Turtles

Four of the six species of marine turtle that are found in Australian waters are known or may occur in V13-2. The Loggerhead (Caretta caretta), Green (Chelonia mydas) and Olive Ridley (Lepidochelys olivacea) turtles may occur in the area. The Leatherback turtle (Dermochelys coriacea) is more common and likely to forage in this area. Loggerhead, Olive ridley and Leatherback turtles are listed as endangered and migratory and the Green turtle is listed as vulnerable and migratory.

Migratory Birds

V13-2 is located approximately 60 km from the Gippsland Lakes Ramsar site and approximately 100 km east of the Corner Inlet Ramsar site at the closest point.

Both of these locations contain important populations of migratory shorebirds and seabirds, some of which utilise the marine environment for foraging (e.g. Fairy tern listed under the EPBC Act as vulnerable).

In addition, V13-2 is in proximity to foraging, feeding or related behaviour for the migratory and endangered Chatham Albatross (Thalassarche eremita).

Elasmobranchs

The migratory and vulnerable Great white shark (Carcharadon carcharias) is likely to occur within this Release Area given Biologically Important Areas for foraging for this species have been identified to the south and east of this Release Area. A seasonal juvenile aggregation site has recently been identified at Corner Inlet in eastern Victoria. This site extends approximately 200 km along the coast from Wilsons Promontory to Lakes Entrance and to a distance of 25-30 km from the coast. This site is to the north-west of the V13-2 Release Area. Juveniles from the seasonal aggregations site at Port Stephens have been tracked migrating to the Corner Inlet site. Thus migrating sharks could move through this Release Area.

The migratory Shortfin mako shark (Isurus oxyrinchus) and migratory Porbeagle (Lamna nasus) may occur in V13-2.

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Ramsar Wetlands

V13-2 is located approximately 80 km from the Gippsland Lakes Ramsar Site. The Release Area is also approximately 120 km from Corner Inlet Ramsar Site, 150 km from Logan Lagoon Ramsar Site and 180 km from East Coast Cape Island Lagoons Ramsar Site.

Gippsland Lakes Ramsar Site

The Ramsar site contains three main habitat types: marine subtidal aquatic beds; coastal brackish or saline lagoons and fringing wetlands. Within these habitats exists a significant quantity of threatened, endangered, vulnerable or rare native fish communities, mammal, amphibian, and plant species. The bird diversity of the Ramsar wetland is also high with 48 species of waterbirds being recorded, including the Blue-billed duck (Oxyura australis), Fairy tern (Sterna nereis), and Magpie goose (Anseranas semipalmata).

Corner Inlet Ramsar Site

The mainland coast and several sandy inlands are covered with mangroves, saltmarshes, sandy beaches and very extensive intertidal mudflats. The area contains the only extensive bed of the Broad-leafed Seagrass in Victoria.

The Ramsar site also has a high diversity of bird species with 32 wader species recorded. Corner Inlet provides extensive tidal flats that are exposed at low tide, which are important feeding areas for waders. It is estimated that nearly 50% of the overwintering migratory waders in Victoria occur in Corner Inlet.

The nationally threatened species utilising the Ramsar site include the endangered Swift parrot (Lathamus discolor), migratory and critically endangered Orange-bellied parrot (Neophema chrysogaster), and migratory Little tern (Sterna albifrons). The Little tern and Fairy tern are known to also breed at Corner Inlet.

Logan Lagoon Ramsar Site

Logan Lagoon is part of an extensive eastern Flinders Island parallel dune-coastal barrier system. The site contains a mosaic of vegetation communities including Lowland sedgy heathland, Saline aquatic herbland, Saline sedgeland and rushland, Fresh water aquatic herbland, Lowland Poa labillardierei grassland, and Melaleuca squarrosa scrub.

It is an important site for resident and migratory birds. Over 160 bird species have been recorded on Flinders Island, many of which occur at the site. A number of threatened species, and 21 migratory waders, have been recorded at the site. Other non-avian fauna also use the site for foraging, breeding or as habitat refuge; many have conservation value, such as the vulnerable freshwater fish, the Dwarf galaxias (Galaxiella pusilla).

East Coast Cape Barren Island Lagoons Ramsar Site

East Coast Cape Barren Island Lagoons Ramsar site is a complex of freshwater, brackish, saline and sometimes

hypersaline lagoons, wetlands and estuaries. The lagoons provide habitat for a wide range of vegetation communities and flora species, and may provide potential habitat and nesting sites for migratory birds, shorebirds, waders and other birdlife.

Heritage

For heritage sites in proximity to the Release Area and their values and statements of significance, search the Australian Heritage Database at: http://www.environment.gov.au/cgi-bin/ahdb/search.pl

Release Area V13-2 may contain shipwrecks and potential petroleum explorers need to take into account that shipwrecks (and plane wrecks) are protected by the Commonwealth Historic Shipwrecks Act (1976). Approvals are necessary from Heritage Victoria for any seabed developments, furthermore, prior to marine surveys being undertaken it is recommended that a ‘Notification of Intent to Survey’ form is completed. This form can be obtained from Heritage Victoria. http://www.dpcd.vic.gov.au/heritage/Forms-and-Guidelines

Shipwrecks potentially in the Release Area include:

No. Ship Long. (GDA94) Lat. (GDA94)

573 Result Unknown Unknown

633 Struan Unknown Unknown

256 Favourite Unknown Unknown

506 Orion Unknown Unknown

694 Victoria Unknown Unknown

605 Sappho (HMS) Unknown Unknown

Prior to marine surveys being undertaken it is recommended that a ‘Notification of Intent to Survey’ form is completed. This form can be obtained from Heritage Victoria. http://www.dpcd.vic.gov.au/heritage/Forms-and-Guidelines

Fishing Activities

This Release Area is within the Bass Strait Central Zone Scallop Fishery, Eastern Skipjack Tuna Fishery, Eastern Tuna Billfish Fishery, South Eastern Scalefish and Shark Fishery, Southern Squid Jig Fishery, Small Pelagic Fishery and Southern Bluefin Tuna ranges. Historical AFMA logbook data for 2009 to 2012 indicates that vessels from the Gillnet Hook and Trap and Commonwealth Trawl sectors of the South Eastern Scalefish and Shark Fishery reported operating in these Release Areas. AFMA recommends that successful applicants liaise with representatives of the above fishing interests at an early stage in planning operational activities.

The South East Management Advisory Committee has previously expressed concerns regarding any offshore exploration within the waters of the Gillnet, Hook and Trap Fishery. While there is general acceptance that there is little, if any, pathological impact on sharks, there is a concern related

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to behavioural changes occurring during seismic surveys - particularly with respect to the movement of shark from fishing grounds, and the disturbance of seasonal movements of breeding stock to pupping areas. It is recommended that any seismic survey or well drilling proposed under the retention leases for new offshore petroleum exploration areas shall be provided to interested marine user groups for comment at least one month prior to their approval by the relevant State authorities.

Navigation

Release Area V13-2 contains a Traffic Separation Scheme south of the Kingfisher Field, with shipping being concentrated in two narrow bands through the area. Operators should consult with AMSA’s Nautical and Regulation Manager in the early stages of planning exploration activities regarding anti-collision measures on their offshore infrastructure. Such measures can include warning and navigational lights, Automatic Identification System (AIS), beacons and an offshore guard vessel that is able to monitor traffic and ensure anti-collision action is taken in the event of a vessel approaching on a collision course. 

More information regarding ship safety can be found at: http://www.amsa.gov.au/Shipping_Safety/exploration-and-exploitation.asp

Native Title

Native title is the recognition by Australian law that some Indigenous people have rights and interests to their land that come from their traditional laws and customs.

The native title rights and interests held by particular Indigenous people will depend on both their traditional laws and customs and what interests are held by others in the area concerned.

Native Title Services Victoria (NTSV) emphasise the importance of recognising traditional owner groups as stakeholders, and in the event that the proposed release of acreage may affect their native title rights and interests, the traditional owners should be included in the consultation process prior to any works being carried out in the area.

NTSV acts for the Gunaikuurnai Land and Waters Aboriginal Corporation RNTBC which holds non-exclusive native title over land and waters across the Gippsland region.

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