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...
Half Yearly Report and Accounts

Half Yearly Report and Accounts

BPH Energy (BPH:AU) has announced Half Yearly Report and AccountsDownload the PDF here. Keep Reading...
December 2025 Quarterly Report and Appendix 4C

December 2025 Quarterly Report and Appendix 4C

BPH Energy (BPH:AU) has announced December 2025 Quarterly Report and Appendix 4CDownload the PDF here. Keep Reading...
Capital raise announcement

Capital raise announcement

BPH Energy (BPH:AU) has announced Capital raise announcementDownload the PDF here. Keep Reading...
Trading Halt

Trading Halt

BPH Energy (BPH:AU) has announced Trading HaltDownload 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...
U.S. and Iranian flags wave against a dark, cloudy sky.

US-Iran Tensions Put Europe’s Gas Storage Plans at Risk

Escalating tensions between the United States and Iran are reviving a risk energy markets have long feared: a potential closure of the Strait of Hormuz, the narrow Gulf passage that carries roughly 20 percent of global LNG trade and 25 percent of seaborne oil.New modelling from energy analytics... Keep Reading...
Québec Innovative Materials Corp

QIMC Intersects Major Subsurface Fault Corridor with Elevated H2 Readings at 142m Depth

Pressurized Formation Water and Visible Gas Bubbling Confirm Active Structural System in First of Five-Hole Systematic Drill Program

Quebec Innovative Materials Corp. (CSE: QIMC) (OTCQB: QIMCF) (FSE: 7FJ) ("QIMC" or the "Company") is pleased to report significant initial results from the first 300 metres of its planned 650-metre diamond drill hole DDH-26-01 at its West Advocate Eatonville Project, Nova Scotia. Drilling... Keep Reading...
Angkor Resources Commences Trenching Program At CZ Gold Prospect, Ratanakiri Province, Cambodia

Angkor Resources Commences Trenching Program At CZ Gold Prospect, Ratanakiri Province, Cambodia

(TheNewswire) GRANDE PRAIRIE, ALBERTA (February 24, 2026) TheNewswire - Angkor Resources Corp. (TSXV: ANK,OTC:ANKOF) ("ANGKOR" OR "THE COMPANY") announces the completion of a trenching and sampling program at the CZ Gold Prospect in Ratanakiri Province, Cambodia. As previously announced (see... Keep Reading...
PEP 11 Update - Federal Court Proceedings

PEP 11 Update - Federal Court Proceedings

MEC Resources (MMR:AU) has announced PEP 11 Update - Federal Court ProceedingsDownload the PDF here. Keep Reading...
Kinetiko Energy Limited

Kinetiko Energy Poised to Address South Africa’s Gas Supply Gap: MST Access Report

Description:A research report by MST Access highlights Kinetiko Energy (ASX:KKO) as an emerging participant in South Africa’s domestic gas sector, supported by a base-case valuation of AU$0.49 per share. The company’s project covers 5,366 sq km, located 200 km southeast of Johannesburg within an... Keep Reading...
Half Yearly Report and Accounts

Half Yearly Report and Accounts

MEC Resources (MMR:AU) has announced Half Yearly Report and AccountsDownload the PDF here. 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