Compliance and enforcement

We monitor compliance to maintain the integrity of the offshore licensing frameworks we administer.

This policy sets out our approach to compliance and enforcement. Our approach aims to support title and licence holders to understand and comply with their obligations under the legislation and regulations. We apply a principles-based approach to:

• promote voluntary compliance
• maintain the integrity of the offshore licensing frameworks we administer.

When carrying out compliance functions, our branch supports the Titles Administrator (TA) and the Offshore Infrastructure Registrar (Registrar).

We keep records of administrative non-compliance to inform regulatory decision-making. Read about who is involved in decision making.

Principles

We apply a principles-based approach to secure industry compliance.

Risk based

• We focus compliance monitoring on the highest-risk activities.
• Enforcement actions reflect the seriousness and risk level of the issue.

Evidence based

• Decision makers base enforcement decisions on accurate and relevant evidence.
• We record all breaches, whether resolved or not.

Transparent

• We communicate obligations clearly and ensure procedural fairness.

Effective regulation

• We support title and licence holders to understand and meet their legal obligations.
• We promote voluntary compliance through education, engagement and clear communication.
• We use a range of regulatory tools to address non-compliance where necessary.

Consistent

• We apply monitoring and enforcement practices consistently in line with the legislation.

Responsive

• We act proportionately to the nature, seriousness and consequences of the issue.

Approach

We use a 4-tier graduated approach to promote compliance, monitor outcomes and, where necessary, take enforcement action.

Most compliance matters can be resolved through education, engagement and corrective action. More serious or persistent non-compliance may require stronger regulatory responses.

Compliance matters do not need to progress through every tier. Factors considered include:

• severity
• intent
• actual or potential consequences
• compliance history and cooperation
• risk posed to ongoing or future activities.

Compliance measures and practical actions

Tier 1 — Education and awareness

Education and awareness measures help prevent non-compliance and support voluntary compliance. Practical actions may include:

• resources and guidance on our website
• public information sessions and briefings
• direct support through email and phone contact
• pre-application meetings.

Tier 2 — Early engagement

Early engagement measures help identify and resolve potential compliance issues before formal action is needed. Practical actions may include:

• contacting us as soon as possible about a potential issue
• responding to requests for information or clarification
• taking timely corrective action where minor issues are identified
• maintaining records that show how the issue was addressed and how recurrence will be prevented.

At this tier, we may explain the legislative framework, decision-making process and possible regulatory outcomes. We cannot say in advance how a decision maker will consider a particular case or make their decision.

Tier 3 — Administrative action

Administrative action may be taken where informal action is not suitable or does not resolve the issue. Practical actions may include:

• applying, varying or enforcing title or licence conditions
• using information-gathering powers
• issuing statutory directions where the legislation allows
• recording the matter for consideration in future regulatory decisions.

Conditions

Conditions can apply to any title or licence. Your offer, grant or variation documents outline the conditions. They are statutory requirements. If you fail to comply with conditions, this may lead to compliance and enforcement action.

Decision makers assess each breach based on its unique circumstances. New title or licence conditions may be applied to address emerging risks.

Statutory directions

The responsible Commonwealth Minister, TA or the Registrar may issue statutory directions to title and licence holders in specific circumstances. These directions may relate to areas such as resource management, operational requirements or data submission and accuracy.

These directions are legally binding under the Offshore Petroleum Greenhouse Gas Storage Act 2006 and the Offshore Electricity Infrastructure Act 2021.

Cancellation

Decision makers assess breaches to decide how serious it is and if cancelling the title or licence is appropriate.

For example, exploration permits are granted through a work-bid system. The permit is granted based on the strength of the proposed work program (among other things). If the titleholder fails to meet the commitments in their work program, this may be considered a serious breach and could lead to title cancellation.

The final decision rests with the relevant decision maker.

Tier 4— Civil or criminal action

Civil or criminal action may be taken in response to serious breaches. It is not necessary to go through all other tiers before these actions are considered. The response depends on the nature and severity of the breach. Practical actions may include:

• pursuing a civil penalty through the courts
• commencing prosecution where appropriate
• considering cancellation or other regulatory measures where the legislation allows.

Civil penalty

The decision maker may pursue a civil penalty through the courts for breaches of the legislation or regulations.

Prosecution

The decision maker generally makes the initial decision to take legal action.

Compliance register

Even if no formal action is taken, we will keep a record of the breach. We may consider this record when making future decisions about applications, compliance matters, or enforcement actions.

If this issue is relevant to a future decision, you may wish to describe the steps you have taken to prevent the issue from happening again.

Investigations and inspections

Investigations or inspections on behalf of the TA or Registrar may be carried out by the:

• Offshore Petroleum Safety and Environmental Management Authority or
• Offshore Electricity Infrastructure Regulator.

Disclaimer

This policy provides a general overview of compliance and enforcement options. It is expressed in general terms.

This policy is not legal advice, administrative advice, or a substitute for independent professional advice. Title and licence holders should consider their own circumstances and seek advice where appropriate.

This policy does not:

• reduce, extend, or change legislative obligations
• cover all operating circumstances that may arise
• control compliance and enforcement decisions. Each decision considers all matters relevant to the issue
• limit the discretion of a decision-maker or predetermine any compliance, enforcement or regulatory decision.

We update this policy from time to time to reflect:

• amendments to legislation
• lessons learnt from regulatory practice
• changes to policy, procedures or administrative arrangements
• stakeholder feedback.

Version history

• July 2026, refreshed content.
• March 2024, refreshed content.
• February 2023, updated enforcement principles.