Australian Offshore Laws brings together in one place a reference to all laws that apply to offshore Australian waters for the benefit of legal practitioners, regulators, academics and students. It demonstrates the unnecessary complexity of the Australian offshore legal regime and proposes, as a first step towards reform, a review of the Offshore Constitutional Settlement of 1979 (OCS 1979). It discusses the manner of present drafting of such laws as many Commonwealth, State, and Territory laws apply offshore but few are drafted in a manner which identifies their limits or recognises their interaction with other offshore laws of with the OCS 1979.
Follows on from the First and the Second editions of which White was the editor and wrote some of the chapters. In those earlier editions many eminent Australian maritime lawyers contributed chapters from their own point of view but in this new edition the author has tried to bring a consistency of treatment of topics which flows from the one author writing the entire work.
Petroleum Law and Policy in Australia examines the law and policy related to the exploration and production of petroleum. This clear and concise text by Tina Hunter and John Chandler considers both offshore and onshore petroleum activities. The focus of the text is on offshore petroleum, which reflects the predominance of this type of activity in Australia. Petroleum Law and Policy in Australia explains the basis of petroleum regulation, explorings, critical areas for exploration and development, and their associated legal issues. These include: the relationship between the Commonwealth and states and territories; the regulatory structure; licensing and permitting; commercial arrangements between explorers and producers; environmental regulation; and safety regulation. Hunter and Chandler also consider the emerging area of unconventional petroleum onshore, especially coal seam shale gas. Hunter and Chandler introduce the reader to the regulation of petroleum exploration and production, including its special terminology, commercial and legal background. This text provides a real insight into the legal and policy ramifications in Australia. Features and Benefits 1. The first text to deal exclusively with Petroleum law and policy in Australia. 2. Provides a concise overview of Australian petroleum law enabling students and practitioners to understand the legal basis of the regulatory regime. 3. Identifies licencing requirements and issues relating to Joint Venture Contracts. 4. Encompasses current topical issues such as Coal Seam Gas and LNG Plant Development onshore, as well as the Varanus Island and Montara Oil Spill incidents in Australia.
The book analyses the international conventions, the Australian and New Zealand legislation and the regulatory structures in both countries relating to the protection and preservation of the marine environment from ship pollution. It concentrates on the important aspects of the marine environment and its protection and preservation in the light of the huge tonnages of vital trade goods carried by many merchant ships to and from the Australasian region.This second edition sets out:the sources of pollution of the coastal seas; the UN international conventions on the marine environment; the International Maritime Organization conventions; marine salvage; the complexities of the Australian offshore jurisdiction covering the Commonwealth States; the New Zealand offshore jurisdiction; some of the key aspects of regulatory governance and infrastructure; and the status of the IMO conventions on shipping and the marine environment.
This book is a comprehensive guide to Australian coastal and marine law. Since the landmark enactment of the Seas and Submerged Lands Act 1973 (Cth), and the subsequent High Court decision in NSW v Commonwealth, there have been rapid developments in Australian coastal and marine law and policy. The Offshore Constitutional Settlement paved the way for offshore management between the Commonwealth, States and the Northern Territory, and from this foundation a raft of new environmental laws were adopted in the 1980s and 1990s, often promoted by international developments such as the 1982 United Nations Convention on the Law of the Sea, or through new marine pollution conventions adopted by the International Maritime Organisation. The book particularly reflects upon how Australian law regulates and manages a range of environmental issues which arise in the coastal zone and the marine environment. The Australian maritime domain is the focus of analysis, including all areas within State and Territorial jurisdiction, and areas within Commonwealth control and regulation. Activities that are subject to specific consideration include the continental shelf, fishing, indigenous rights, marine parks, marine pollution, ports and harbours, and shipping.
This paper traces the development of the Australian offshore petroleum legislative framework, which is comprised of Commonwealth and State acts, regulations and administrative guidelines. First this paper looks at how the present arrangements have been arrived at, touching on major developments including the Offshore Petroleum Agreement of 1967 and the Offshore Constitutional Settlement of 1979, through to recent reforms to the Offshore Petroleum and Greenhouse Gas Storage Act 2006 (Cth) (OPGGS Act), with a focus on the Montara Commission of Inquiry and its Report. This paper also examines the interplay between the States and Commonwealth in implementing the legislative framework, including the mirror legislation arrangements. The paper focuses on the introduction of a new national regulator, to take effect from 1 January 2012. This entity will replace, in part, the Designated Authorities established under the OPGGS Act and will include an expanded role for the existing National Offshore Petroleum Safety Authority (NOPSA). Recent reviews of the regulatory framework, and investigations of the 2008 Varanus Island pipeline explosion and the 2009 Montara incident highlighted inadequacies in the Australian offshore petroleum regulatory regime. This paper looks at the findings from those reports and focuses on the recent reforms. At the time of the blowout from the Montara oil field on 21 August 2009, reform was already underway on the Australian offshore petroleum regulatory framework. Changes to the OPGGS Act had been recommended by several reviews. The Montara incident and the Deepwater Horizon blow-out in the Macondo oilfield in the Gulf of Mexico brought the safety and environmental aspects of offshore petroleum regulation into public focus, and provided further impetus for reform.
John Livermore’s succinct monograph provides a useful overview of Australian transport law, as of July 2017...This is a readable and useful publication which provides a good summary of Australian transport law. Simon Baughen, Professor of Shipping Law, Swansea University /Artho Cyraith Llongau. Extract from full review of the 3rdedition in Journal of International Maritime Law, January 2020 Transport Law in Australia is a clear and well researched resource covering all modes of transport. It should be the first port of call for logistic professionals, transport lawyers and students when seeking to understand the legalities of transport in Australia. Russell Wiesse, Director CTG Law This updated edition of Transport Law in Australia describes the main sources of transport law, jurisdiction and courts, state immunity, and the legal role of transport intermediaries. The scope of the book is broad in that it encompasses maritime, road, rail, air, and multimodal transport law. Almost half the book is devoted to maritime and shipping law which, for an island nation with over 95% of its international trade carried by sea, is as important as it is unsurprising. Whilst works of this nature have the potential to be a ‘dry’ read, in this case the author has taken an approach which makes the book eminently readable and usable. The text is well supported by in-depth research and enhanced with comprehensive referencing, footnotes, tables of cases and statutes, as well as a selected bibliography. With Australian society and the economy vitally dependent on all modes of transport this book will be a valuable addition for many in the transport community. This includes transport operators, shippers and freight forwarders, transport regulators and lawyers, as well as academics, researchers and students engaged in the study of transport. The author’s practical and masterful approach to the subject should go a long way to ensuring the success of Transport Law in Australia as well as being a valuable addition to the body of literature on this important topic. Barrie Lewarn, Professor, Australian Maritime College, National Centre for Ports and Shipping, University of Tasmania Review of the 2nd edition of Transport Law in Australia
This volume identifies those issues that affect Australia and New Zealand’s maritime security, evaluating the issues from legal and political perspectives, as well as examining the issues within the broad framework of international law and politics. The book also addresses considerations in the Pacific, Asian and Antarctic regions.
This book reviews and examines the relevant portions of all international treaties, cases and the national law and practice of states, in relation to international aspects of offshore oil rigs. By doing so, it offers an understanding of the legal regime surrounding oil rigs and formulates an international law framework. It investigates the issues under consideration by analyzing provisions of international law pertaining to all aspects of oil rigs, as well as international treaties and their travaux preparatoires. It also examines the national legislation of major offshore oil and gas producers and defines a framework of customary international entities such as the OSPAR and the petroleum industries of certain major offshore oil producers. Based upon the book's findings, it is clear that in spite of their increasing importance, offshore oil installations are subject to fragmentary and vague legal rules under international law.
