Commonwealth Consolidated Acts Commonwealth Consolidated ActsPower to give direction
(1) If a significant offshore petroleum incident has occurred in a title area that has caused, or that might cause, an escape of petroleum, NOPSEMA may, in accordance with this section, give a direction by written notice to the registered holder of the title.
Note 1: See also section 576C, which provides for matters related to directions made under this section.
Note 2: Breach of a direction under this section may attract a criminal or civil penalty: see section 576D.
(2) The direction may require the registered holder of the title to do any (or all) of the following within a reasonable period stated in the direction:
(a) to take any action stated in the direction for the purpose of any (or all) of the following:
(i) preventing the escape of petroleum;
(ii) eliminating the escape of petroleum;
(iii) mitigating the effects of the escape of petroleum;
(iv) managing the effects of the escape of petroleum;
(v) remediating the effects of the escape of petroleum;
(b) to take any other action stated in the direction in relation to the escape of petroleum and its effects;
(c) not to take an action stated in the direction in relation to the escape of petroleum and its effects.
(3) The direction may require the registered holder of the title to take an action (or not to take an action) mentioned in any (or all) of paragraphs (2)(a), (b) and (c) in relation to the possible escape of petroleum, or the possible effects of an escape of petroleum.
(4) For the purposes of subsection (2) or (3), the direction may prohibit the doing of an action:
(a) unconditionally; or
(b) subject to conditions, including conditions requiring the consent or approval of a person specified in the direction.
Action directed inside or outside of title area
(5) If there is no declared oil pollution emergency that relates to the title, the direction may require the registered holder of the title to take an action (or not to take an action) mentioned in subsection (2) or (3) (or both) anywhere in an offshore area, whether within or outside the title area.
(6) If there is a declared oil pollution emergency that relates to the title:
(a) the direction may require the registered holder of the title to take an action (or not to take an action) mentioned in subsection (2) or (3) (or both) anywhere in an offshore area, whether within or outside the title area; and
(b) the direction may require the registered holder of the title to take an action (or not to take an action) mentioned in subsection (2) or (3) (or both) anywhere on or in land or waters of a State or the Northern Territory, so long as NOPSEMA consulted the designated public official of the State or the Northern Territory, as the case may be, about the requirement before giving the direction; and
(c) the direction may require the registered holder of the title to take an action (or not to take an action) mentioned in subsection (2) or (3) (or both) anywhere on or in land or waters of a designated external Territory, so long as NOPSEMA consulted the designated public official of the designated external Territory about the requirement before giving the direction.
(6A) If the direction requires the registered holder of the title (the first registered holder ) to take an action in, or in relation to, the title area of a title held by another registered holder, NOPSEMA must:
(a) give a copy of the direction to the other registered holder; and
(b) do so as soon as practicable after the direction is given to the first registered holder.
(6B) If the direction requires the registered holder of the title to take an action in, or in relation to, the area of:
(a) a State/Territory petroleum exploration title held by another person; or
(b) a State/Territory petroleum production title held by another person; or
(c) a State/Territory petroleum retention title held by another person; or
(d) a State/Territory petroleum infrastructure title held by another person; or
(e) a State/Territory petroleum pipeline title held by another person;
NOPSEMA must:
(f) give a copy of the direction to the other person; and
(g) do so as soon as practicable after the direction is given to the registered holder.
When a declared oil pollution emergency relates to a title
(8) For the purposes of this section, a declared oil pollution emergency relates to a title if it is attributable to one or more petroleum activities of the registered holder of the title.
(9) In this section:
"area" of a State/Territory petroleum pipeline title means the part of the relevant waters of a State or the Northern Territory in which the relevant pipeline is constructed.
"declared oil pollution emergency" has the same meaning as in Schedule 2A.
"land or waters of a State or the Northern Territory" means:
(a) land or waters within the limits of the State or the Northern Territory, as the case may be; or
(b) the coastal waters of the State or the Northern Territory, as the case may be.
"petroleum activity" has the same meaning as in Schedule 2A.
"relevant waters of a State or the Northern Territory" means:
(a) waters within the limits of the State or the Northern Territory, as the case may be; or
(b) the coastal waters of the State or the Northern Territory, as the case may be.
"State/Territory petroleum infrastructure title" means an instrument under a law of a State or the Northern Territory that confers, in relation to the coastal waters of the State or Territory, rights that correspond to the rights that an infrastructure licence confers in relation to the offshore area of the State or the Principal Northern Territory offshore area, as the case requires.
"State/Territory petroleum pipeline title" means an instrument under a law of a State or the Northern Territory that confers, in relation to the coastal waters of the State or Territory, rights that correspond to the rights that a pipeline licence confers in relation to the offshore area of the State or the Principal Northern Territory offshore area, as the case requires.