ABSTRACT
A well-developed legal and regulatory framework on contingency planning and response arrangements with establishment of clear responsibilities and coordination between government and industry is one of the success keys for an effective oil spill preparedness and response strategy. Furthermore, international co-operation and mutual assistance in preparing for and responding to major oil pollution incidents have become critical in order to reduce potential impacts to the environment and populations.
National policies on oil spill coordination and response vary from nation to nation. Governments are encouraged to ratify the International Convention on Oil Pollution Preparedness, Response and Co-operation of 1990 (OPRC 90) and develop laws and procedures for preparing for and responding to oil spills. This is often accomplished through the preparation of a national contingency plan under the auspices of an agreed national regulatory authority (IPIECA, 2000).
Following recent oil spills, such as the 2010 Deepwater Horizon within the Gulf of Mexico, interest on oil spill legislation has risen among stakeholders, as regional and national policies in some regions of the globe became stricter, notably on the need of available contingency resources, as well as transboundary and coordinated response (as required, for example, by the recent Europewide Safety of Offshore Oil and Gas Operations). In this context, a benchmark and legal framework study on oil spill prompt response and contingency resources for Oil & Gas offshore infrastructures was performed, focusing on six relevant Oil & Gas production areas: United States, Canada, North Sea, India, Southeast Asia, Australia and New Zealand. The continuous process of information gathering, review and consolidation throughout the analysis comprehended an establishment of a cooperation network of Oil & Gas consultant experts from these different areas of interest, including communication with local regulatory agencies in cases of uncertainties.
The intent of this paper is to present the benchmarking and comparison of the legal requirements and regulatory framework on the availability of oil spill prompt response and contingency resources of these six areas of interest, as well as discuss potential legal weaknesses and opportunities for improvements on their regional and national contingency system.