Breach of EEZ Act by Shell Todd Oil Services
Kieran Trass made this Official Information request to Minister of Energy and Resources
The request was successful.
From: Kieran Trass
Dear Minister of Energy and Resources,
Further to my previous concerns expressed to you about oil exploration activities in the EEZ breaching international UNCLOS sea laws and your assurances that oil exploration companies now must meet stringent legally binding guidelines as defined in the EEZ Act 2013.
In May this year the Environmental Protection Authority (EPA) concluded that in two instances Shell Todd Oil Services Ltd (STOS) did not comply with Exclusive Economic Zone (EEZ) regulations at its MAUI oil wells.
The authority concluded that in two instances Shell Todd Oil Services Ltd (STOS) did not comply with Exclusive Economic Zone (EEZ) regulations.
"The two activities are considered to be in breach of section 20 of the EEZ Act and were undertaken without a marine consent," the EPA said in a response to OIA questions from the Greens.
The two instances refer to the drilling of wells MA-08A and MA-09A, which are extended reach wells -- an extension drilled from an existing well in search of more oil. One was reportedly as long as 6.5km.
1) Can you confirm the EPA will pursue legal action immediately against Shell Todd Oil Services Ltd (STOS) for its blatant breaches of the EEZ Act 2013?
2) Will you instantly suspend all further exploration activities for more oil by STOS pending the outcome of legal action against STOS to ensure they do not breach their legal obligations yet again?
3) If the EPA will not pursue STOS for its breaking the law please explain specifically why not.
For details of said breaches see;
http://m.nzherald.co.nz/nz/news/article....
Yours faithfully,
Kieran Trass
From: S Bridges (MIN)
Minister of Energy and Resources
On behalf of Hon Simon Bridges, thank you for your email. The Minister
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Yours sincerely
Office of Hon Simon Bridges
Hon Simon Bridges
MP for Tauranga
Minister of Energy and Resources
Minister of Transport
Deputy Leader of the House
Associate Minister for Climate Change Issues
Associate Minister of Justice
Private Bag 18041 | Parliament Buildings | Wellington 6160 | New Zealand
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From: Cameron Oldfield
Minister of Energy and Resources
Dear Mr Trass
On behalf of Hon Simon Bridges, Minister of Energy and Resources, thank
you for your email of 26 October 2014 regarding Shell Todd Oil Services
and the Environmental Protection Authority.
The matter you have raised falls within the portfolio responsibilities of
the Minister for the Environment. Accordingly your email has been
forwarded to the office of Hon Dr Nick Smith for their information and
consideration.
Kind regards,
Cameron
Cameron Oldfield | Private Secretary | Office of Hon Simon Bridges | MP
for Tauranga
Deputy Leader of the House | Minister of Energy and Resources | Minister
of Transport
Associate Minister for Climate Change Issues | Associate Minister of
Justice
5.1R Executive Wing | Private Bag 18041 | Parliament Buildings |
Wellington 6160 | New Zealand
[1]www.simonbridges.co.nz | [2]www.facebook.com/simonbridgesmp |
[3]www.twitter.com/simonjbridges
-----Original Message-----
From: Kieran Trass [mailto:[OIA #2134 email]]
Sent: Sunday, 26 October 2014 1:45 p.m.
To: S Bridges (MIN)
Subject: Official Information Act request - Breach of EEZ Act by Shell
Todd Oil Services
Dear Minister of Energy and Resources,
Further to my previous concerns expressed to you about oil exploration
activities in the EEZ breaching international UNCLOS sea laws and your
assurances that oil exploration companies now must meet stringent legally
binding guidelines as defined in the EEZ Act 2013.
In May this year the Environmental Protection Authority (EPA) concluded
that in two instances Shell Todd Oil Services Ltd (STOS) did not comply
with Exclusive Economic Zone (EEZ) regulations at its MAUI oil wells.
The authority concluded that in two instances Shell Todd Oil Services Ltd
(STOS) did not comply with Exclusive Economic Zone (EEZ) regulations.
"The two activities are considered to be in breach of section 20 of the
EEZ Act and were undertaken without a marine consent," the EPA said in a
response to OIA questions from the Greens.
The two instances refer to the drilling of wells MA-08A and MA-09A, which
are extended reach wells -- an extension drilled from an existing well in
search of more oil. One was reportedly as long as 6.5km.
1) Can you confirm the EPA will pursue legal action immediately against
Shell Todd Oil Services Ltd (STOS) for its blatant breaches of the EEZ Act
2013?
2) Will you instantly suspend all further exploration activities for more
oil by STOS pending the outcome of legal action against STOS to ensure
they do not breach their legal obligations yet again?
3) If the EPA will not pursue STOS for its breaking the law please
explain specifically why not.
For details of said breaches see;
[4]http://m.nzherald.co.nz/nz/news/article....
Yours faithfully,
Kieran Trass
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Kieran Trass left an annotation ()
Well, well, well...
The EPA is a farce.
Here's their so called action against STOS for ILLEGALLY DRILLING FOR OIL...
The EPA let STOS off with a warning...
"The EPA carries out a monitoring role to ensure compliance with the EEZ Act and any conditions on marine consents that have been issued. We monitor compliance of activities with the EEZ Act through a variety of means including intelligence gathering, operator self-reporting, reviewing records and inspections.
As part of this function, the EPA has been carrying out inspections of all existing installations since the EEZ Act came into effect. The EPA carried out an inspection in May 2014 of two installations operated by STOS off the Taranaki coast – Maui A and Maui B. It was determined that there were two activities for which STOS should have sought a ruling or a marine consent from the EPA. These activities were:
· drilling of MPA IRF Program MA-09A side-track; and
· drilling of MPA IRF Program MA-08A side-track.
The overall circumstances of the failure by STOS to seek a ruling or a marine consent from the EPA were considered in determining an appropriate response. The EPA has issued a formal warning letter to STOS. The EPA has outlined its expectation to STOS that it undertake its future operations in such a way that it meets the requirements of the Act. A follow-up inspection will be scheduled within six months of the initial inspection that was carried out. The EPA considers that its response is entirely appropriate and the decision will not be revisited.
Hence, no further action will be taken against STOS by the EPA in relation to this matter.
The EPA uses the following framework to guide its response:
· The extent of harm or risk of harm.
· The public interest.
· The conduct and compliance history of the person or business.
· Attitude to compliance.
The EPA weighed up these factors in determining its response and also took into account the fact that the EEZ Act and the associated regulations are relatively new and that it is reasonable to make some allowance for initial differences in interpretation of the legislation. For more information on our approach to compliance, please see EPA Compliance: Our Approach http://www.epa.govt.nz/Publications/EPA_...
The EPA will continue to consider the factors outlined above in determining its response to incidents of non-compliance in the EEZ. As the EEZ Act becomes embedded, we will utilise the full range of monitoring, compliance and enforcement tools at our disposal to ensure that operators maintain compliance with the EEZ Act and regulations.
Yours faithfully,
Rob Forlong
Chief Executive Officer"
Link to this