BPH Energy (“BPH”) refers to legislation Environmental Planning and Assessment Amendment (Sea Bed Mining and Exploration) Bill currently before the New South Wales (NSW) State Parliament. Until the proposed Legislation actually becomes NSW law and has been reviewed by our legal advisers BPH is unable to provide any detailed comment except to say:-
PEP 11 – NSW Jurisdiction
1. The State of NSW and the NSW Government only have jurisdiction and the power to control exploration and extraction in coastal waters up to 3 nautical miles (4.83 km) offshore from the NSW coast. PEP 11 is beyond that 3 nautical mile limit and all such matters touching PEP 11 are under the jurisdiction of the Commonwealth of Australia (ie the Australian Government). Gas exploration operations including safety and environment are controlled by NOPSEMA (1) a Commonwealth of Australia authority.
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