Commonwealth Consolidated Acts Commonwealth Consolidated ActsScope
(1) This section applies if an OEI inspector is conducting an OEI inspection in relation to offshore premises.
When notice may be issued
(2) An OEI inspector may issue a notice (a prohibition notice ) to a licence holder, in writing, under this section if, in conducting the inspection, the OEI inspector is satisfied on reasonable grounds that:
(a) one or more of the following is the case:
(i) an activity is occurring at the premises that involves an immediate and significant threat to the environment;
(ii) an activity may occur at the premises that, if it occurred, would involve an immediate and significant threat to the environment;
(iii) an activity is occurring at the premises that involves an immediate and significant threat to the health and safety of workers;
(iv) an activity may occur at the premises that, if it occurred, would involve an immediate and significant threat to the health and safety of workers;
(v) an activity is occurring at the premises that involves an immediate and significant threat to the infrastructure integrity of offshore renewable energy infrastructure or offshore electricity transmission infrastructure;
(vi) an activity may occur at the premises that, if it occurred, would involve an immediate and significant threat to the infrastructure integrity of offshore renewable energy infrastructure or offshore electricity transmission infrastructure; and
(b) it is reasonably necessary to issue the notice in order to remove the threat.
Note: The notice will be published on the Regulator's website (see section 212).
How notice may be issued
(3) Without limiting the way in which the notice may be issued, the notice may be issued to the licence holder by being given to the licence holder's representative at the premises.
Contents of notice
(4) The notice must:
(a) state that the OEI inspector is satisfied on reasonable grounds that a specified circumstance mentioned in paragraph (2)(a) applies, and set out those grounds; and
(b) specify the activity at the premises that involves a threat to the environment, the health and safety of workers or the infrastructure integrity of offshore renewable energy infrastructure or offshore electricity transmission infrastructure; and
(c) describe the nature of the threat; and
(d) direct the licence holder to ensure:
(i) that the activity is not conducted; or
(ii) that the activity is not conducted in a specified manner.
(5) The notice may specify action that may be taken to satisfy an OEI inspector that adequate action has been taken to remove the threat.
Fault - based offence
(6) A person commits an offence if:
(a) the person is a licence holder; and
(b) the person is given a prohibition notice containing a direction under paragraph (4)(d); and
(c) the person engages in conduct; and
(d) the person's conduct breaches the direction.
Continuing offences
(7) A person who commits an offence against subsection (6) commits a separate offence in respect of each day (including a day of a conviction for the offence or any later day) during which the offence continues.
(8) The maximum penalty for each day that an offence under subsection (6) continues is 10% of the maximum penalty that can be imposed in respect of that offence.
(9) In this section:
"premises" , in relation to offshore premises, includes:
(a) a particular part of the offshore premises; and
(b) particular plant or equipment, or a particular substance or thing, at the offshore premises.