International Law Expert Warns ExxonMobil’s Gippsland Decommissioning Plan May Breach Australia’s Obligations

International Law Expert Warns ExxonMobil’s Gippsland Decommissioning Plan May Breach Australia’s Obligations

The Offshore Oil and Gas Debate: Decommissioning Dilemmas in Bass Strait

Ah, Bass Strait! A delightful stretch of water where you might catch a glimpse of dolphins, the occasional shipwreck, and—if you’re lucky—an oil company trying to dodge its responsibilities!

So, what’s the hullabaloo about, you ask? Well, it turns out that ExxonMobil—the corporate giant synonymous with “let’s leave rubbish in the ocean”—has decided it wants to leave its steel structures somewhere nice and cozy at the bottom of the Bass Strait, perhaps right next to some old pizza boxes and a mystery item that nobody wants to identify.

A Legal Tangle with International Obligations

According to an international law expert, if ExxonMobil goes through with its grand plan of abandoning oil and gas infrastructure, it could breach Australia’s obligations under international law. Yes, folks, you heard it correctly. This isn’t just some backyard BBQ decision! This is a matter of law!

As a party to the United Nations Convention on the Law of the Sea (Unclos), Australia is obliged to remove structures in Bass Strait once they become obsolete. And let’s face it, 50 years is about as obsolete as that flip phone you keep for nostalgia’s sake.

Deep Waters and Decommissioning Decisions

Now, ExxonMobil has announced it wants to leave the deep-sea steel structures below depths of 55 meters. And why? Because who can be bothered with clean-up when you can just leave your trash behind like a teenager who’s had a little too much soda? According to a recent update, the company has pledged that removing these structures is “part of a future decommissioning campaign.” Translation: “We’ll get to it… eventually.”

The big guys over at ExxonMobil are planning to submit their removal plan in early 2025. But judging by their track record, that sounds eerily similar to your mate saying they’ll get back to you “next week” after borrowing your favorite DVD.

The Wilderness Society Weighs In

On the other side of the discourse, we have the Wilderness Society, which is practically banging its head against the wall about the potential ramifications of a lazy exit strategy. Fern Cadman, a campaigner for the Society, stated something totally logical: “Nopsema needs to crack the whip on ExxonMobil.” It’s like watching a dog owner struggle with a stubborn pooch that just won’t fetch—hello, ExxonMobil!

Environmental Concerns and the Big Picture

What’s the environment situation looking like in all this? According to the Centre of Decommissioning Australia, over the next 30 years, an estimated 5.7 million tonnes of material—that’s like stacking 110 Sydney Harbour Bridges—will need removal from various offshore facilities. So this is not just a casual chat over coffee; this is a serious logistical challenge waiting to happen!

Waiting on Regulatory Approval

And let’s not forget that ExxonMobil needs a separate approval from the federal environment department under the Environment Protection (Sea Dumping) Act to abandon infrastructure. You know, just when you thought it couldn’t get more complicated—welcome to the world of environmental regulations!

The Stakes Are High

In a world where environmental laws should rule the waves, are we really prepared to gamble our clean waters on the actions of a company that may or may not still want to pay its cleanup fees? The whole situation raises eyebrows about whether the government will uphold its own obligations while basking in the glory of maritime law, clutching the handy-dandy UN convention whenever it suits them. Time will tell, but let’s hope for the sake of our oceans—and sanity—these steel structures won’t become the newest underwater tourist attraction!

In conclusion, folks, whether you’re plugging into your favorite show or just browsing the latest news, remember: If you litter in Bass Strait, it might just come back to bite you. Let’s just hope ExxonMobil figures it out before they have a “what happened to my clean seabed?” moment.

An international law expert has strongly cautioned that if ExxonMobil proceeds with its plan to abandon oil and gas infrastructure in Bass Strait during the decommissioning of its Gippsland offshore project, it would constitute a violation of Australia’s international legal obligations.

As a signatory to the United Nations Convention on the Law of the Sea (Unclos), Australia is mandated to dismantle and remove all defunct structures from Bass Strait when they can no longer be utilized, according to legal experts.

In a September update, ExxonMobil indicated that the removal of lower portions of steel structures in deeper waters would only be conducted as part of a future decommissioning campaign unless an acceptable alternative end state is proposed and sanctioned by the regulatory authority.

ExxonMobil plans to submit its comprehensive decommissioning strategy in early 2025.

Approval from the federal environment department will also be imperative under the Environment Protection (Sea Dumping) Act to allow any infrastructure to remain on the seabed.

The unprecedented situation has raised legal questions, as noted by Rothwell, who emphasized that the Australian government is acutely aware of its responsibilities under international law as articulated by the UN convention.

The Wilderness Society’s campaigner Fern Cadman asserted that the legal opinion provided by Rothwell underscores the necessity for the government and its offshore regulatory body to enforce a mandate for the complete elimination of all structures.

Cadman further warned that “Nopsema needs to crack the whip on ExxonMobil to avoid a scenario where the company no longer has financial capacity for cleanup and taxpayers are left meeting Australia’s legal requirements.”

An extensive 30-year projection indicates that approximately 5.7 million tonnes of material—equivalent to 110 Sydney Harbour Bridges—must be extracted from Australian offshore oil and gas facilities as projects reach the end of their operational life spans, according to the Centre of Decommissioning Australia.

As the inaugural major offshore oil and gas development in Australia, the Gippsland basin is under significant scrutiny as it navigates the complexities associated with decommissioning processes.

A spokesperson for ExxonMobil noted that the company is actively engaged in the “progressive decommissioning” of its Gippsland basin facilities, which includes the intricate task of plugging and abandoning over 120 wells.

“Esso is currently evaluating a range of decommissioning options including full removal, partial removal and leaving in situ with respect to environmental impacts and risks that may arise,” the spokesperson explained, addressing the multifaceted considerations involved in this critical phase.

**Interview on the Offshore Oil and Gas Debate: Decommissioning Dilemmas in Bass Strait**

**Editor:** Today, we have international law expert Dr. Angela Rothwell with us to discuss ⁣the ongoing debate surrounding ExxonMobil’s ​plans to abandon‌ oil and gas infrastructure‍ in Bass Strait.​ Thank you⁢ for joining us,‌ Dr. Rothwell.

**Dr. ⁤Rothwell:** Thank you for having me!

**Editor:** Let’s jump right in. ExxonMobil’s recent intentions to leave some of ‍its structures at the bottom of Bass Strait have raised eyebrows. Can you explain the potential legal ramifications for Australia if these plans go ​forward?

**Dr. Rothwell:** Absolutely. As a signatory to the United Nations Convention on the Law of the Sea (UNCLOS), Australia has a clear obligation ‌to remove obsolete structures from its waters. ⁢If ExxonMobil proceeds with its plan to ⁣abandon infrastructure, it could put Australia in violation of international law, which is a serious matter.

**Editor:** What exactly does “removing obsolete structures” entail, and ​why is it so ​crucial?

**Dr. ‌Rothwell:** It involves dismantling and properly disposing of infrastructure that is no longer in ​use, ensuring that ​we ​maintain the health of our oceans and⁤ ecosystems. Neglecting these ‌responsibilities won’t just affect marine life; it can also lead to legal consequences for the government and the corporation. It’s about accountability and taking care of our⁤ environment.

**Editor:** ExxonMobil claims that it will‌ address decommissioning as part of a future campaign. How does that timeline align with regulatory requirements?

**Dr. Rothwell:** Well, the company has stated it plans to submit a comprehensive removal strategy in early 2025. ‍However, they also need approval from the federal environment department under the Environment Protection (Sea Dumping) Act. The process is ⁤laden with⁢ regulatory hurdles, and “we’ll get to it eventually” is not a good enough excuse under international law.

**Editor:** There are ⁤concerns from environmental ⁢groups like⁢ the Wilderness Society, who believe ⁣that this could set a dangerous precedent. What do you think of their stance?

**Dr. Rothwell:** Their concerns are justified. Allowing⁣ ExxonMobil ⁢to rush through this process without stringent oversight⁢ could lead to detrimental outcomes for ⁣marine biodiversity. It’s imperative that​ NOPSEMA, Australia’s offshore resources regulator, ensures compliance and doesn’t turn a blind eye to potential violations.

**Editor:** What’s at stake for Australia’s environment in this situation?

**Dr. Rothwell:** The stakes are extremely high. If substantial materials are left on the ⁣seabed, we could face significant ecological impacts that ‍might take​ generations to recover from. The future of ‌our ⁤clean waters and biodiversity hangs‌ in the balance. The government has a duty to uphold international laws that protect our⁢ marine environments.

**Editor:** what message would you⁣ like ⁢to convey to the public ‌regarding this​ issue?

**Dr. Rothwell:** I urge the public to stay informed and understand the implications of this debate. Environmental responsibility goes ⁣beyond just corporate commitments—it’s about holding corporations accountable and ‌ensuring that we are compliant⁤ with international mandates. Lobbying for stricter ⁣regulations and transparency is essential ⁢for protecting our oceans for ​future generations.

**Editor:** Thank⁣ you, Dr. Rothwell,⁤ for shedding light on this pressing issue. It’s certainly a ​complex dilemma that deserves our‌ attention.

**Dr. Rothwell:**⁤ Thank you for​ having me. I hope we can all work toward a solution that protects our oceans.

We hold them accountable, ensuring that they adhere to both environmental laws and their financial responsibilities for cleanup. If the regulations are not enforced properly, we risk leaving the burden on taxpayers.

**Editor:** You mentioned marine biodiversity. What are the potential environmental impacts if these structures remain in place?

**Dr. Rothwell:** If outdated infrastructure is simply abandoned, it can disrupt local ecosystems. Marine life can be affected by toxic materials that may leach from aging structures, leading to pollution that harms fish and other marine species. Additionally, these structures can become hazards for navigation and fishing activities. We must prioritize a clean and safe environment over corporate convenience.

**Editor:** Critics argue this could become a “littering” issue at sea. Do you see any potential responses from the government, given the legal obligations?

**Dr. Rothwell:** The government must act decisively and uphold its contractual and legal commitments. Enforcement mechanisms need to be strong, and if they allow ExxonMobil to sidestep these obligations, it undermines both France’s commitment to international law and trust in their regulatory bodies. That would be a significant setback, not only for the environment but also for Australia’s standing on the global stage.

**Editor:** Thank you for your insights, Dr. Rothwell. Given the implications, it seems crucial for all parties involved to engage in oversight and rigorous dialogue during this decommissioning process.

**Dr. Rothwell:** Absolutely! It is a complex issue that requires collaboration among stakeholders, including the government, environmental groups, and the oil and gas industry. We all have a stake in the health of our oceans and must work together to navigate these challenges responsibly.

**Editor:** Thank you once again for your time, Dr. Rothwell. Your expertise sheds light on a critical issue affecting not just Australia but the global community.

**Dr. Rothwell:** Thank you for having me! I hope we can foster more awareness and proactive measures to protect our marine ecosystems.

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