BPH Energy

PEP 11 - New South Wales Legislation

BPH Energy Limited (ASX: BPH) (“BPH” or “Company”) 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.

2. The registered holders of PEP 11, including Bounty Oil & Gas NL (ASX:BUY), and the operator, Advent Energy (through Asset Energy Pty Ltd) are aware of the legislation and should it be enacted the titleholders will consider, if necessary, challenging the validity of the Bill under s 109 of the Commonwealth Constitution which provides: “When a law of a State is inconsistent with a law of the Commonwealth, the latter shall prevail, and the former shall, to the extent of the inconsistency, be invalid”.

3. The holders of PEP 11 intend to pursue gas exploration (by drilling around 26 km offshore) well beyond the limit of NSW coastal waters. No “mining” or pipeline construction is proposed.

4. Bounty and BPH fully support protecting the coastal and offshore marine environment and note that in respect of PEP 11 any activity undertaken in the permit area would require specific approval of the independent regulator NOPSEMA.

Extension and Variation Applications for PEP 11 Permit to Enable Drilling of Seablue 1 Gas Well at Baleen

In Asset Energy -v- Commonwealth Minister for Resources (Federal Court of Australia) 14 February 2023 the NSW State Government (as a member of the Joint Authority) was a Defendant and submitted to Orders directing them and the Commonwealth Minister to determine the PEP 11 extension et al applications according to law

While the applications for the variation and suspension of work program conditions and related extension of PEP-11 are being considered, Asset is continuing to investigate the availability of a mobile offshore drilling unit to drill the proposed Seablue-1 well on the Baleen prospect and is in communication with drilling contractors and other operators who have recently contracted rigs for work in the Australian offshore beginning in the first half of 2024. Further updates will be provided to ASX.

PEP 11 continues in force under the Offshore Petroleum and Greenhouse Gas Storage Act 2006 (the Act) (Cth) and the Joint Venture is in compliance with the contractual terms of PEP 11 with respect to such matters as reporting, payment of rents and the various provisions of the Act.


Click here for the full ASX Release

This article includes content from BPH Energy, licensed for the purpose of publishing on Investing News Australia. This article does not constitute financial product advice. It is your responsibility to perform proper due diligence before acting upon any information provided here. Please refer to our full disclaimer here.

BPH:AU
BPH Energy

BPH Energy Investor Kit

  • Corporate info
  • Insights
  • Growth strategies
  • Upcoming projects

GET YOUR FREE INVESTOR KIT

The Conversation (0)
BPH Energy (ASX:BPH)

BPH Energy: Fueling Innovation

Investing in a solution to Australia's growing clean energy market

Investing in a solution to Australia's growing clean energy market Keep Reading...
BPH Energy Limited  Chair's Address to Shareholders

BPH Energy Limited Chair's Address to Shareholders

Perth, Australia (ABN Newswire) - Boosting gas supply is a priority for Australia's economic and energy security. The following extracts illustrate the critical nature of gas supply shortages. The ACCC Gas Enquiry update released in June 2025 made key findings: - The ACCC considers it critical... Keep Reading...
BPH September Quarter Appendix 4C Cashflow

BPH September Quarter Appendix 4C Cashflow

BPH Energy (BPH:AU) has announced BPH September Quarter Appendix 4C CashflowDownload the PDF here. Keep Reading...
BPH September Quarter Operations Report

BPH September Quarter Operations Report

BPH Energy (BPH:AU) has announced BPH September Quarter Operations ReportDownload the PDF here. Keep Reading...
BPH Energy Limited  PEP 11 Update - September 24, 2025

BPH Energy Limited PEP 11 Update - September 24, 2025

Perth, Australia (ABN Newswire) - On 20 January 2025, BPH Energy Limited (ASX:BPH) and Bounty Oil & Gas NL (Bounty) (ASX:BUY) as the PEP 11 Joint Venture announced that they had been given notice by the National Offshore Petroleum Titles Administrator (NOPTA) that the Joint Authority had refused... Keep Reading...
BPH Energy Limited  PEP 11 Update - September 22, 2025

BPH Energy Limited PEP 11 Update - September 22, 2025

Perth, Australia (ABN Newswire) - On 20 January 2025, BPH Energy Limited (ASX:BPH) and Bounty Oil & Gas NL (Bounty) (ASX:BUY) as the PEP 11 Joint Venture announced that they had been given notice by the National Offshore Petroleum Titles Administrator (NOPTA) that the Joint Authority had refused... Keep Reading...
Oil rig with stock charts overlayed.

5 Biggest ASX Oil and Gas Stocks of 2026

Oil and gas are key energy fuels, and ASX-listed oil and gas stocks could benefit from their price moves. For the most part, 2025 was a volatile year for both the oil and gas markets. In the first half of the year, oil prices posted moderate gains, spurred on by rising tensions in the Middle... Keep Reading...
CHARBONE Delivers its First Load of Clean UHP Hydrogen in Ontario

CHARBONE Delivers its First Load of Clean UHP Hydrogen in Ontario

(TheNewswire) Brossard, Quebec, December 22, 2025 TheNewswire - Charbone CORPORATION (TSXV: CH,OTC:CHHYF; OTCQB: CHHYF; FSE: K47) ("Charbone" or the "Company"), a North American producer and distributor specializing in clean Ultra High Purity ("UHP") hydrogen and strategic industrial gases, is... Keep Reading...
CHARBONE Delivers its First Load of Clean UHP Hydrogen in Ontario

CHARBONE Delivers its First Load of Clean UHP Hydrogen in Ontario

- Charbone CORPORATION (TSXV: CH,OTC:CHHYF; OTCQB: CHHYF; FSE: K47) ("Charbone" or the "Company"), a North American producer and distributor specializing in clean Ultra High Purity ("UHP") hydrogen and strategic industrial gases, is pleased to announce the successful delivery of the first load... Keep Reading...
CHARBONE livre son premier chargement d'hydrogene propre UHP en Ontario

CHARBONE livre son premier chargement d'hydrogene propre UHP en Ontario

(TheNewswire) Brossard, Quebec, le 22 décembre 2025 TheNewswire - CORPORATION Charbone (TSXV: CH,OTC:CHHYF; OTCQB: CHHYF; FSE: K47) (« Charbone » ou la « Société »), un producteur et distributeur nord-américain spécialisé dans l'hydrogène propre Ultra Haute Pureté (« UHP ») et les gaz... Keep Reading...
CHARBONE Delivers its First Load of Clean UHP Hydrogen in Ontario

CHARBONE Delivers its First Load of Clean UHP Hydrogen in Ontario

- Charbone CORPORATION (TSXV: CH,OTC:CHHYF; OTCQB: CHHYF; FSE: K47) ("Charbone" or the "Company"), a North American producer and distributor specializing in clean Ultra High Purity ("UHP") hydrogen and strategic industrial gases, is pleased to announce the successful delivery of the first load... Keep Reading...
2026 silhouette with oil rigs and a vivid sunset background.

Oil and Gas Market Forecast: Top Trends for Oil and Gas in 2026

The oil and gas market was punctuated by volatility in 2025. Oil prices softened as supply outpaced demand and inventories built. Brent and West Texas Intermediate (WTI) crude slipped in late 2025, with Brent dipping below US$60 per barrel and WTI hovering at US$55.Production increases from... Keep Reading...
BPH Energy

BPH Energy Investor Kit

  • Corporate info
  • Insights
  • Growth strategies
  • Upcoming projects

GET YOUR FREE INVESTOR KIT

Interactive Chart

Latest Press Releases

Related News