Commonwealth Consolidated Acts Commonwealth Consolidated ActsNote: See section 602J.
The following is a simplified outline of this Schedule:
• This Schedule covers those provisions of this Act (called petroleum environmental laws ) that concern offshore petroleum management in Commonwealth waters (see clause 2).
• NOPSEMA inspectors may conduct an inspection (called a petroleum environmental inspection ) to monitor compliance with petroleum environmental laws.
• A NOPSEMA inspector must prepare a report about an inspection and give the report to NOPSEMA .
• The powers that a NOPSEMA inspector may exercise for the purposes of a petroleum environmental inspection are in addition to the powers in relation to petroleum environmental laws that the inspector may exercise for the purposes of Division 1 of Part 6.5 of this Act.
In this Schedule:
"Commonwealth waters" has the same meaning as in Part 6.9 of this Act.
"do not disturb notice" means a notice issued under clause 10.
"enter" , when used in relation to offshore petroleum premises that are a vessel, includes board.
"facility" : means a facility, within the meaning of Schedule 3, that is or is to be used, or has been used, for offshore petroleum operations (within the meaning of Part 6.9 of this Act).
"master" , in relation to a vessel, means the person having command or charge of the vessel.
"offence against a petroleum environmental law" : see clause 14.
"offshore petroleum premises" means any of the following, if located in Commonwealth waters:
(a) a facility;
(b) an infrastructure facility that is (or has been) the subject of an infrastructure licence, and that is or is to be operated, or that has been operated, for petroleum activities, as mentioned in subsection 15(2);
(c) a vessel that is or is to be used, or that has been used, to carry out a seismic survey for the purposes of petroleum exploration;
(d) any other premises, other than a vessel under the command or charge of a master, that are or are to be used, or that have been used, for the carrying out of an activity in connection with the exercise of a titleholder's rights, or the performance of a titleholder's obligations, under this Act.
"operator" , in relation to a facility, has the same meaning as in Schedule 3.
"operator's representative at the facility" has the same meaning as in Schedule 3.
"own" includes own jointly or own in part.
petroleum environmental inspection : see clause 3.
"petroleum environmental law" :
(a) means the provisions of this Act, to the extent to which the provisions relate to offshore petroleum environmental management (within the meaning of Part 6.9 of this Act) in relation to Commonwealth waters; and
(b) includes a requirement made under a provision of this Act, to the extent mentioned in paragraph ( a).
"petroleum title" means:
(a) a petroleum exploration permit; or
(b) a petroleum retention lease; or
(c) a petroleum production licence; or
(d) an infrastructure licence; or
(e) a pipeline licence; or
(f) a petroleum special prospecting authority; or
(g) a petroleum access authority; or
(h) a petroleum scientific investigation consent.
"plant" includes any machinery, equipment or tool, or any component.
"premises" has the same meaning as in the Regulatory Powers Act in its application under Division 1 of Part 6.5 of this Act (see section 602F of this Act).
"regulated business premises" means premises, other than offshore petroleum premises, that are:
(a) occupied by the registered holder of a petroleum title; and
(b) used, or proposed to be used, wholly or principally in connection with operations in relation to one or more petroleum titles, including that petroleum title.
"this Act" includes a legislative instrument under this Act.
"titleholder" means the registered holder of a petroleum title.
"titleholder's representative" , in relation to a titleholder within the meaning of this Schedule, has the meaning given by section 602K.
Part 2 -- Petroleum environmental inspections
Division 1 -- Petroleum environmental inspections: general provisions
3 Petroleum environmental inspections--nature of inspections
What is a petroleum environmental inspection ?
(1) A petroleum environmental inspection is an inspection under this Part. Such an inspection:
(a) includes an investigation or inquiry; and
(b) need not include a physical inspection of any premises or thing.
Inspections--general power
(2) A NOPSEMA inspector may, at any time, conduct a petroleum environmental inspection:
(a) to determine whether a petroleum environmental law has been, or is being, complied with; or
(b) to determine whether information given in compliance, or purported compliance, with a petroleum environmental law is correct.
The inspection may be conducted at the inspector's own initiative or in compliance with a direction under subclause ( 3).
Inspections--directed by NOPSEMA
(3) NOPSEMA may give a written direction to a NOPSEMA inspector to conduct a petroleum environmental inspection.
(4) The NOPSEMA inspector must conduct a petroleum environmental inspection as directed under subclause ( 3).
4 Petroleum environmental inspections--offshore petroleum premises
Power to enter and search
(1) A NOPSEMA inspector may, for the purposes of a petroleum environmental inspection, at any reasonable time during the day or night:
(a) enter offshore petroleum premises at which activities to which the inspection relates are being, or have been, carried on, and do any or all of the following:
( i ) search the premises;
(ii) inspect, examine or measure, or conduct tests concerning, the premises (including any part of the premises and any plant, substance or thing at the premises);
(iii) take photographs of, make video recordings of, or make sketches of, the premises (including any part of the premises and any plant, substance or thing at the premises);
(iv) inspect, take extracts from, or make copies of, any documents at the premises that the inspector is satisfied on reasonable grounds relate, or are likely to relate, to the subject matter of the inspection; and
(b) inspect the seabed and subsoil in the vicinity of the offshore petroleum premises to which the inspection relates.
Notification of entry
(2) Immediately on entering the offshore petroleum premises for the purposes of the inspection, a NOPSEMA inspector must take reasonable steps to notify the purpose of the entry to the following person (the occupier ):
(a) if the premises are a vessel under the command or charge of a master--the master;
(b) if paragraph ( a) does not apply:
( i ) the titleholder's representative at the premises who is nominated for the inspection; or
(ii) if there is no titleholder's representative at the premises--the person at the premises who appears to be in overall control of the premises.
(3) The inspector must, on being requested to do so by the occupier, produce for inspection by the occupier:
(a) the inspector's identity card; and
(b) a copy of NOPSEMA's written direction (if any) to conduct the inspection; and
(c) a copy of any directions given by the CEO under section 602A in relation to the exercise of the inspector's powers.
5 Petroleum environmental inspections--regulated business premises
Power to enter and search
(1) A NOPSEMA inspector may, for the purposes of a petroleum environmental inspection:
(a) at any reasonable time, enter any regulated business premises if the inspector is satisfied on reasonable grounds that there are likely to be at those premises documents or things that relate to:
( i ) operations conducted for the purposes of a petroleum title; or
(ii) compliance or non - compliance with a petroleum environmental law; and
(b) search for, inspect, take extracts from, or make copies of, any such documents at those premises.
Notification of entry
(2) Immediately on entering regulated business premises for the purposes of an inspection, a NOPSEMA inspector must take reasonable steps to notify the purpose of the entry to the occupier of the premises.
(3) The inspector must, on being requested to do so by the occupier, produce for inspection by the occupier:
(a) the inspector's identity card; and
(b) a copy of NOPSEMA's written direction (if any) to conduct the inspection; and
(c) a copy of any directions issued by NOPSEMA under section 602A in relation to the exercise of the inspector's powers.
6 Petroleum environmental inspections--obstructing or hindering NOPSEMA inspector
(1) A person commits an offence if:
(a) the person engages in conduct; and
(b) the conduct obstructs or hinders a NOPSEMA inspector in the exercise of the inspector's powers under clause 4 or 5.
Penalty: 60 penalty units.
(2) A person is liable for a civil penalty if the person obstructs or hinders a NOPSEMA inspector in the exercise of the inspector's powers under clause 4 or 5.
Civil penalty: 135 penalty units.
(3) Subclause ( 1) or (2) does not apply if the person has a reasonable excuse.
Note 1: In proceedings for an offence against subclause ( 1), the defendant bears an evidential burden in relation to the matter in subclause ( 3)--see subsection 13.3(3) of the Criminal Code . The same applies in proceedings for a civil penalty under subclause ( 2).
Note 2: See also Part 2.3 of the Criminal Code (circumstances in which there is no criminal responsibility).
Note 3: The same conduct may be an offence against both subclause ( 1) of this clause and section 149.1 of the Criminal Code .
Division 2 -- Petroleum environmental inspections: compliance powers
7 Petroleum environmental inspections--power to require assistance
Requirement to provide assistance
(1) A NOPSEMA inspector may, to the extent that it is reasonably necessary to do so in connection with the conduct of a petroleum environmental inspection at or near offshore petroleum premises in relation to a petroleum title, require:
(a) the titleholder; or
(b) the titleholder's representative at the premises who is nominated for the inspection;
to provide the inspector with reasonable assistance and facilities:
(c) that is or are reasonably connected with the conduct of the inspection at or near the premises; or
(d) for the effective exercise of the inspector's powers in connection with the conduct of the inspection at or near the premises.
(2) The reasonable assistance referred to in subclause ( 1) includes, so far as the titleholder is concerned:
(a) appropriate transport to or from the premises for the inspector and for any equipment required by the inspector, or any thing of which the NOPSEMA inspector has taken possession; and
(b) reasonable accommodation and means of subsistence while the inspector is at the premises.
Offence
(3) A person commits an offence if:
(a) the person is subject to a requirement under this clause; and
(b) the person omits to do an act; and
(c) the omission breaches the requirement.
Penalty: Imprisonment for 6 months or 60 penalty units, or both.
(4) Subclause ( 3) does not apply if the person has a reasonable excuse.
Note 1: A defendant bears an evidential burden in relation to the matter in subclause ( 4)--see subsection 13.3(3) of the Criminal Code .
Note 2: See also Part 2.3 of the Criminal Code (circumstances in which there is no criminal responsibility).
Requirement to answer questions
(1) If:
(a) a NOPSEMA inspector is satisfied on reasonable grounds that a person is capable of answering a question that is reasonably connected with the conduct of a petroleum environmental inspection in relation to a petroleum title; and
(b) the person is:
( i ) the titleholder; or
(ii) in the case of an inspection at offshore petroleum premises--the titleholder's representative at the premises who is nominated for the inspection, or any person engaged in petroleum activities at the premises; or
(iii) in the case of an inspection at regulated business premises--any person representing the titleholder;
the inspector may, to the extent that it is reasonably necessary to do so in connection with the conduct of the inspection, require the person to answer the question put by the inspector.
(2) If, at the time when a requirement under subclause ( 1) is imposed on a person, the person is not physically present at offshore petroleum premises or regulated business premises, the person is not obliged to comply with the requirement unless the requirement:
(a) is in writing; and
(b) specifies the day on or before which the question is to be answered; and
(c) is accompanied by a statement to the effect that a failure to comply with the requirement is an offence.
The day specified under paragraph ( b) must be at least 14 days after the day the requirement is imposed.
Requirement to produce documents or things
(3) If:
(a) a NOPSEMA inspector is satisfied on reasonable grounds that a person is capable of producing a document or thing that is reasonably connected with the conduct of a petroleum environmental inspection in relation to a petroleum title; and
(b) the person is:
( i ) the titleholder; or
(ii) in the case of an inspection at offshore petroleum premises--the titleholder's representative at the premises who is nominated for the inspection, or any person engaged in petroleum activities at the premises; or
(iii) in the case of an inspection at regulated business premises--any person representing the titleholder;
the inspector may, to the extent that it is reasonably necessary to do so in connection with the conduct of the inspection, require the person to produce the document or thing.
(4) If, at the time when a requirement under subclause ( 3) is imposed on a person, the person is not physically present at offshore petroleum premises or regulated business premises, the person is not obliged to comply with the requirement unless the requirement:
(a) is in writing; and
(b) specifies the day on or before which the document or thing is to be produced; and
(c) is accompanied by a statement to the effect that a failure to comply with the requirement is an offence.
The day specified under paragraph ( b) must be at least 14 days after the day the requirement is imposed.
Offence
(5) A person commits an offence if:
(a) the person is subject to a requirement under this clause; and
(b) the person omits to do an act; and
(c) the omission breaches the requirement.
Penalty: Imprisonment for 6 months or 60 penalty units, or both.
(6) Subclause ( 5) does not apply if the person has a reasonable excuse.
Note 1: A defendant bears an evidential burden in relation to the matter in subclause ( 6)--see subsection 13.3(3) of the Criminal Code .
Note 2: See also Part 2.3 of the Criminal Code (circumstances in which there is no criminal responsibility).
False information
(7) A person commits an offence if:
(a) the person gives information to another person; and
(b) the person does so knowing that the information is false or misleading in a material particular; and
(c) the information is given in compliance or purported compliance with a requirement under this clause.
Penalty: Imprisonment for 6 months or 60 penalty units, or both.
Note: The same conduct may be an offence against both subclause ( 7) of this clause and section 137.1 of the Criminal Code .
Self - incrimination
(8) A person is not excused from answering a question or producing a document or thing when required to do so under subclause ( 1) or (3) on the ground that the answer to the question, or the production of the document or thing, may tend to incriminate the person or make the person liable to a penalty.
(9) However:
(a) the answer given or document or thing produced; or
(b) answering the question or producing the document or thing; or
(c) any information, document or thing obtained as a direct or indirect consequence of the answering of the question or the production of the document or thing;
is not admissible in evidence against the person:
(d) in any civil proceedings; or
(e) in any criminal proceedings other than:
( i ) proceedings for an offence against this clause; or
(ii) proceedings for an offence against section 137.1 or 137.2 of the Criminal Code that relates to this clause.
9 Petroleum environmental inspections--power to take possession of plant and samples etc.
Power to take possession or samples
(1) In conducting a petroleum environmental inspection in relation to a petroleum title, a NOPSEMA inspector may, to the extent that it is reasonably necessary for the purposes of inspecting, examining or measuring, or conducting tests concerning, any plant, substance or thing at offshore petroleum premises in connection with the inspection:
(a) take possession of the plant, substance or thing and remove it from the premises; or
(b) take a sample of the substance or thing and remove that sample from the premises.
Notice
(2) On taking possession of plant, a substance or a thing, or taking a sample of a substance or thing, the inspector must, by written notice, inform the following persons of the taking of possession or the taking of the sample, and the reasons for it:
(a) in any case:
( i ) the titleholder's representative at the premises who is nominated for the inspection; or
(ii) if there is no titleholder's representative at the premises--the titleholder;
(b) if the premises are a facility--the operator's representative at the facility;
(c) if the premises are a vessel under the command or charge of a master--the master;
(d) if the plant, substance or thing is owned by a person other than a person mentioned in paragraph ( a), (b) or (c)--that owner.
Display of notice
(3) The following person must cause the notice to be displayed in a prominent place at the premises:
(a) if the premises are a facility--the operator's representative at the facility;
(b) in any other case--the person notified under paragraph ( 2)(a).
Note: The person notified under paragraph ( 2)(a) is either the titleholder's representative or the titleholder.
Duties of NOPSEMA inspector
(4) If the NOPSEMA inspector takes possession of plant, a substance or a thing for the purpose of inspecting, examining or measuring, or conducting tests concerning, the plant, substance or thing, the inspector must:
(a) ensure that the inspection, examination, measuring or testing is conducted as soon as practicable; and
(b) return it to the premises as soon as practicable afterwards.
(5) As soon as practicable after completing any such inspection, examination, measurement or testing, the inspector must give a written statement setting out the results to each person the inspector is required to notify under subclause ( 2).
10 Petroleum environmental inspections--do not disturb notices (general)
Scope
(1) This clause applies if a NOPSEMA inspector is conducting a petroleum environmental inspection in relation to offshore petroleum premises.
When a notice may be issued
(2) A NOPSEMA inspector may issue a do not disturb notice to a titleholder, in writing, under this clause if the inspector is satisfied on reasonable grounds that it is reasonably necessary to issue the notice in order to allow the inspection, examination or measurement of, or the conducting of tests concerning:
(a) the premises; or
(b) particular plant, or a particular substance or thing, at the premises.
Issue of notice
(3) Without limiting the way in which the notice may be issued, the notice may be issued to the titleholder by being given to the titleholder's representative at the premises who is nominated for the inspection.
Contents of notice
(4) The notice must:
(a) direct the titleholder to take all reasonably practicable steps to ensure that one or more of the following are not disturbed for a period specified in the notice:
( i ) a particular part of the premises;
(ii) particular plant, or a particular substance or thing, at the premises; and
(b) set out the reasons for the inspector's decision to issue the notice.
(5) The period specified in the notice must be a period that the inspector is satisfied on reasonable grounds is necessary in order to allow the inspection, examination, measuring or testing to take place.
Renewal of notice
(6) The notice may be renewed by another notice in the same terms.
Offence
(7) A person commits an offence if:
(a) the person is subject to a do not disturb notice; and
(b) the person omits to do an act; and
(c) the omission breaches the notice.
Penalty for contravention of subclause ( 7): 300 penalty units.
11 Petroleum environmental inspections--do not disturb notices (notification and display)
Notice to interested persons
(1) As soon as practicable after issuing a do not disturb notice, the NOPSEMA inspector must take reasonable steps to give a copy of the notice to the following persons:
(a) if the premises are a facility--the operator's representative at the facility;
(b) if the premises are a vessel under the command or charge of a master--the master;
(c) if the premises are, or the plant, substance or thing is, owned by a person other than the titleholder or operator--that owner.
Display of direction
(2) The following person must cause a copy of a do not disturb notice to be displayed in a prominent place at the premises:
(a) if the premises are a facility--the operator's representative at the facility;
(b) in any other case:
( i ) if the notice is given to the titleholder's representative under subclause 10(3)--the titleholder's representative; or
(ii) if the notice is not given to the titleholder's representative--the titleholder.
12 Petroleum environmental inspections--tampering with and removing notices
Tampering with notice
(1) A person must not tamper with any notice that has been displayed under subclause 9(3) or 11(2) while that notice is so displayed.
Removing notice
(2) If a notice has been displayed under subclause 9(3), a person must not remove the notice until the plant, substance or thing to which the notice relates is returned to the premises from which it was removed.
(3) If a notice has been displayed under subclause 11(2), a person must not remove the notice before the notice has ceased to have effect.
Offence
(4) A person commits an offence if:
(a) the person is subject to a requirement under subclause ( 1), (2) or (3); and
(b) the person engages in conduct; and
(c) the conduct breaches the requirement.
Penalty: 50 penalty units.
(5) Subclause ( 4) does not apply if the person has a reasonable excuse.
Note 1: A defendant bears an evidential burden in relation to the matter in subclause ( 5)--see subsection 13.3(3) of the Criminal Code .
Note 2: See also Part 2.3 of the Criminal Code (circumstances in which there is no criminal responsibility).
(6) An offence against subclause ( 4) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code .
Division 3 -- Reports: inspections concerning petroleum environmental laws
13 Reports on inspections concerning petroleum environmental laws
Scope
(1) This section applies if a NOPSEMA inspector has conducted either of the following inspections in relation to a petroleum environmental law:
(a) a petroleum environmental inspection (under this Part);
(b) an inspection for the purposes of Division 1 of Part 6.5 of this Act.
Report to be given to NOPSEMA
(2) If a NOPSEMA inspector has conducted a petroleum environmental inspection in relation to a petroleum title, the inspector must, as soon as practicable, prepare a written report relating to the inspection and give the report to NOPSEMA .
(3) The report must include:
(a) the NOPSEMA inspector's conclusions from conducting the inspection and the reasons for those conclusions; and
(b) any recommendations that the NOPSEMA inspector wishes to make arising from the inspection; and
(c) such other matters (if any) as are prescribed by regulation.
Copies of report to be given to titleholder
(4) As soon as practicable after receiving the report, NOPSEMA must give a copy of the report, together with any written comments that it wishes to make, to the titleholder.
Details of remedial action etc.
(5) NOPSEMA may, in writing, request the titleholder to provide to NOPSEMA , within a reasonable period specified in the request, details of any action proposed to be taken as a result of the conclusions or recommendations contained in the report.
(6) The titleholder must comply with a request under subclause ( 5).
14 Meaning of offence against a petroleum environmental law
In this Schedule:
"offence against a petroleum environmental law" includes an offence against section 6 of the Crimes Act 1914 that relates to an offence against a petroleum environmental law.
Note: For other ancillary offences, see section 11.6 of the Criminal Code.
15 Offences against petroleum environmental laws--prosecutions
Proceedings for an offence against a petroleum environmental law may be instituted by NOPSEMA or by a NOPSEMA inspector.
16 Offences against petroleum environmental laws--conduct of directors, employees and agents
Scope
(1) This clause has effect for the purposes of a proceeding for an offence against a petroleum environmental law.
State of mind of a body corporate
(2) If it is necessary to establish the state of mind of a body corporate in relation to particular conduct, it is sufficient to show:
(a) that the conduct was engaged in by a director, employee or agent of the body corporate within the scope of actual or apparent authority; and
(b) that the director, employee or agent had the state of mind.
Conduct of a body corporate
(3) Any conduct engaged in on behalf of a body corporate by a director, employee or agent of the body corporate within the scope of actual or apparent authority is taken to have been engaged in also by the body corporate unless it establishes that it took reasonable precautions and exercised due diligence to avoid the conduct.
State of mind of an individual
(4) If it is necessary to establish the state of mind of an individual in relation to particular conduct, it is sufficient to show:
(a) that the conduct was engaged in by an employee or agent of the individual within the scope of actual or apparent authority; and
(b) that the employee or agent had the state of mind.
Conduct of an individual
(5) Any conduct engaged in on behalf of an individual by an employee or agent of the individual within the scope of actual or apparent authority is taken to have been engaged in also by the individual unless the individual establishes that he or she took reasonable precautions and exercised due diligence to avoid the conduct.
Limitation on imprisonment
(6) If:
(a) an individual is convicted of an offence; and
(b) he or she would not have been convicted of the offence if subclauses ( 4) and (5) had not been enacted;
he or she is not liable to be punished by imprisonment for that offence.
Extended meaning of state of mind
(7) A reference in subclause ( 2) or (4) to the state of mind of a person includes a reference to:
(a) the person's knowledge, intention, opinion, belief or purpose; and
(b) the person's reasons for the intention, opinion, belief or purpose.
Disapplication of Part 2.5 of the Criminal Code
(8) Part 2.5 of the Criminal Code does not apply to an offence against a petroleum environmental law.
17 Petroleum environmental inspections--civil proceedings
(1) This Schedule does not:
(a) confer a right of action in any civil proceeding in respect of any contravention of a provision of a petroleum environmental law; or
(b) confer a defence to an action in any civil proceeding or otherwise affect a right of action in any civil proceeding.
(2) However, subclause ( 1) does not apply in relation to the enforcement, for the purposes of Division 4 of Part 6.5 of this Act, of a petroleum environmental law that is a civil penalty provision.
18 Offences against petroleum environmental laws--defence of circumstances preventing compliance
It is a defence to a prosecution for refusing or failing to do anything required by a petroleum environmental law if the defendant proves that it was not practicable to do that thing because of an emergency prevailing at the relevant time.
Note: A defendant bears a legal burden in relation to the matter in this clause--see section 13.4 of the Criminal Code .
Offshore Petroleum and Greenhouse Gas Storage Act 2006
10 After subsection 638(1)
Insert:
(1A) A listed OHS law includes a requirement made under a provision listed in subsection ( 1).
11 Section 642
Omit:
• The CEO may appoint OHS inspectors.
12 Section 643 (definition of OHS inspector )
Repeal the definition.
13 Section 675
Omit "(except a power conferred by section 680)".
14 Section 675
After "powers", insert "(except a power conferred by section 602)".
15 Subsections 684(2) and 694(1)
Omit "an OHS inspector", substitute "a NOPSEMA inspector".
16 Clause 2 of Schedule 3
Omit:
(b) concerning a contravention or a possible contravention of a listed OHS law; or
17 Clause 2 of Schedule 3
Omit:
• The operator of a facility must report accidents and dangerous occurrences to NOPSEMA .
substitute:
• The powers that a NOPSEMA inspector may exercise for the purposes of an OHS inspection are in addition to the powers in relation to listed OHS laws that the inspector may exercise for the purposes of Division 1 of Part 6.5 of this Act.
• The operator of a facility must report accidents and dangerous occurrences to NOPSEMA .
18 Clause 3 of Schedule 3
Insert:
"do not disturb notice" means a do not disturb notice issued under clause 76.
19 Clause 3 of Schedule 3 (definition of inspection )
Repeal the definition.
20 Clause 3 of Schedule 3
Insert:
"OHS inspection" : see clause 49.
21 Clause 3 of Schedule 3 (definition of OHS inspector )
Repeal the definition.
22 Clause 3 of Schedule 3 (definition of premises )
Repeal the definition, substitute:
"premises" has the same meaning as in the Regulatory Powers Act in its application under Division 1 of Part 6.5 of this Act (see section 602F of this Act).
23 Clause 3 of Schedule 3
Insert:
"titleholder" means the registered holder of:
(a) a petroleum title; or
(b) a greenhouse gas title.
24 Clause 3 of Schedule 3
Insert:
"titleholder's representative" , in relation to a titleholder within the meaning of this Schedule, has the meaning given by section 602K.
25 Clause 3 of Schedule 3
Insert:
"titleholder's well-related obligations" means the obligations of a titleholder to comply with:
(a) clause 13A of this Schedule (petroleum titleholder duty of care); or
(b) Part 5 of the Offshore Petroleum and Greenhouse Gas Storage (Resource Management and Administration) Regulations 2011 , to the extent that the Part applies in relation to petroleum titles; or
(c) clause 13B of this Schedule (greenhouse gas titleholder duty of care).
26 Subparagraphs 34(1)(a)(iii) and (iv) of Schedule 3
Repeal the subparagraphs, substitute:
(iii) make a request to a NOPSEMA inspector or to NOPSEMA that an OHS inspection be conducted at the workplace;
(iv) accompany a NOPSEMA inspector during any OHS inspection at the workplace by the inspector (whether or not the inspection is being conducted as a result of a request made by the health and safety representative);
27 Subclause 39(1) of Schedule 3 (heading)
Repeal the heading, substitute:
Request for OHS inspection
28 Subclause 39(1) of Schedule 3
Omit "an OHS inspector that an inspection", substitute "a NOPSEMA inspector that an OHS inspection".
29 Subclause 39(2) of Schedule 3
Omit "an OHS inspector", substitute "a NOPSEMA inspector".
30 Subclause 39(3) of Schedule 3 (heading)
Repeal the heading, substitute:
OHS inspection
31 Subclause 39(3) of Schedule 3
Omit "an inspection must be conducted of the work that is the subject of the disagreement, and the OHS inspector", substitute "an OHS inspection must be conducted of the work that is the subject of the disagreement, and the NOPSEMA inspector".
32 Subparagraph 40(1)(b)( i ) of Schedule 3
Omit "an OHS inspector during an inspection at the workplace by the OHS inspector", substitute "a NOPSEMA inspector during an OHS inspection at the workplace by the inspector".
33 Subclause 44(4) of Schedule 3 (heading)
Repeal the heading, substitute:
OHS inspection
34 Subclause 44(4) of Schedule 3
Omit "an OHS inspector that an inspection", substitute "a NOPSEMA inspector that an OHS inspection".
35 Subclause 44(5) of Schedule 3
Omit "an inspection", substitute "an OHS inspection".
36 Subclause 44(5) of Schedule 3
Omit "OHS inspector" (first occurring), substitute " NOPSEMA inspector".
37 Subclause 44(5) of Schedule 3
Omit "OHS" (last occurring).
38 Subclause 44(6) of Schedule 3
Omit "an OHS inspector or to NOPSEMA that an inspection", substitute " NOPSEMA or to a NOPSEMA inspector that an OHS inspection".
39 Part 4 of Schedule 3 (heading)
Repeal the heading, substitute:
40 Clauses 47 and 48 of Schedule 3
Repeal the clauses, substitute:
The following is a simplified outline of this Part:
• A NOPSEMA inspector may conduct an inspection (called an OHS inspection ):
(a) to monitor compliance with listed OHS laws; or
(b) concerning an accident or dangerous occurrence that has happened at or near a facility.
• A number of additional compliance powers are provided. The most significant of these are as follows:
(a) to issue a do not disturb notice to deal with health and safety risks or to allow for measurements or tests to be carried out;
(b) to issue a prohibition notice to remove an immediate threat to health or safety;
(c) to issue an improvement notice specifying action to be taken to remove a risk to health or safety that may result from the continuation or recurrence of a contravention of a listed OHS law.
• A NOPSEMA inspector must prepare a report about an inspection and give the report to NOPSEMA .
• The powers that a NOPSEMA inspector may exercise for the purposes of an OHS inspection are in addition to the powers in relation to listed OHS laws that the inspector may exercise for the purposes of Division 1 of Part 6.5 of this Act.
41 Division 2 of Part 4 of Schedule 3 (heading)
Repeal the heading, substitute:
Division 2 -- OHS inspections: general provisions
42 Clause 49 of Schedule 3
Repeal the clause, substitute:
49 OHS inspections--nature of inspections
What is an OHS inspection ?
(1) An OHS inspection is an inspection under this Part. Such an inspection:
(a) includes an investigation or inquiry; and
(b) need not include a physical inspection of any facility, premises or thing.
Inspections--general power
(2) A NOPSEMA inspector may, at any time, conduct an OHS inspection:
(a) to determine whether a listed OHS law has been, or is being, complied with; or
(b) to determine whether information given in compliance, or purported compliance, with a listed OHS law is correct; or
(c) concerning an accident or dangerous occurrence that has happened at or near a facility.
The inspection may be conducted at the inspector's own initiative or in compliance with a direction under subclause ( 3).
Inspections--directed by NOPSEMA
(3) NOPSEMA may give a written direction to a NOPSEMA inspector to conduct an OHS inspection.
(4) The NOPSEMA inspector must conduct an OHS inspection as directed under subclause ( 3).
43 Division 3 of Part 4 of Schedule 3 (heading)
Repeal the heading.
44 Subdivision A of Division 3 of Part 4 of Schedule 3 (heading)
Repeal the heading.
45 Clause 50 of Schedule 3 (heading)
Repeal the heading, substitute:
50 OHS inspections--facilities
46 Subclause 50(1) of Schedule 3
Omit "An OHS inspector may, for the purposes of an inspection,", substitute "A NOPSEMA inspector may, for the purposes of an OHS inspection,".
47 Subparagraphs 50(1)(a)(ii) and (iii) of Schedule 3
Repeal the subparagraphs, substitute:
(ii) inspect, examine or measure, or conduct tests concerning, the facility (including any workplace at the facility and any plant, substance or thing at the facility);
(iii) take photographs of, make video recordings of, or make sketches of, the facility (including any workplace at the facility and any plant, substance or thing at the facility);
48 Subparagraph 50(1)(a)(iv) of Schedule 3
Omit "OHS inspector has reasonable grounds to believe", substitute "inspector is satisfied on reasonable grounds".
49 Subclause 50(2) of Schedule 3
Repeal the subclause, substitute:
Notification of entry
(2) Immediately on entering a facility for the purposes of an OHS inspection, a NOPSEMA inspector must take reasonable steps to notify the purpose of the entry to each of the following (an occupier ):
(a) the operator's representative at the facility;
(b) if there is a health and safety representative for a designated work group having a group member likely to be affected by the matter the subject of the inspection--that representative;
(c) a titleholder's representative (if any) at the facility who is nominated for the inspection.
Note: A titleholder's representative is only required to be at the facility if the inspection concerns the titleholder's well - related obligations (see section 602K).
(2A) The inspector must, on being requested to do so by an occupier, produce for inspection by the occupier:
(a) the inspector's identity card; and
(b) a copy of NOPSEMA's written direction (if any) to conduct the inspection; and
(c) a copy of any directions issued by NOPSEMA under section 602A in relation to the exercise of the inspector's powers.
50 Subclause 50(3) of Schedule 3
Omit "OHS".
51 Clause 51 of Schedule 3 (heading)
Repeal the heading, substitute:
51 OHS inspections--regulated business premises (non - facilities)
52 Subclause 51(1) of Schedule 3
Omit "An OHS inspector may, for the purposes of an inspection:", substitute "A NOPSEMA inspector may, for the purposes of an OHS inspection:"
53 Paragraph 51(1)(a) of Schedule 3
Omit "OHS inspector has reasonable grounds to believe", substitute "inspector is satisfied on reasonable grounds".
54 Subparagraph 51(1)(a)(ii) of Schedule 3
Repeal the subparagraph, substitute:
(ii) the titleholder's well - related obligations; and
55 Subclause 51(2) of Schedule 3
Repeal the subclause, substitute:
Notification of entry
(2) Immediately on entering regulated business premises (other than a facility) for the purposes of an OHS inspection, a NOPSEMA inspector must take reasonable steps to notify the purpose of the entry to the occupier of the premises.
(3) The inspector must, on being requested to do so by the occupier, produce for inspection by the occupier:
(a) the inspector's identity card; and
(b) a copy of NOPSEMA's written direction (if any) to conduct the inspection; and
(c) a copy of any directions issued by NOPSEMA under section 602A in relation to the exercise of the inspector's powers.
56 Clauses 52 and 53 of Schedule 3
Repeal the clauses.
57 Subdivision B of Division 3 of Part 4 of Schedule 3
Repeal the Subdivision.
58 Subdivision C of Division 3 of Part 4 of Schedule 3 (heading)
Repeal the heading, substitute:
Division 3 -- OHS inspections: compliance powers
59 Clause 73 of Schedule 3 (heading)
Repeal the heading, substitute:
73 OHS inspections--power to require assistance
60 Subclause 73(1) of Schedule 3
Omit "An OHS inspector may, to the extent that it is reasonably necessary to do so in connection with the conduct of an inspection", substitute "A NOPSEMA inspector may, to the extent that it is reasonably necessary to do so in connection with the conduct of an OHS inspection".
61 Paragraph 73(1)(e) of Schedule 3 (the paragraph 73(1)(e) inserted by item 66 of Schedule 1 to the Offshore Petroleum and Greenhouse Gas Storage Legislation Amendment (Miscellaneous Measures) Act 2010 )
Repeal the paragraph, substitute:
(da) the titleholder's representative (if any) at a facility who is nominated for the inspection;
Note: There are currently 2 paragraphs "(e)" in subclause 73(1) of Schedule 3. This item corrects the error while also substituting a new paragraph.
62 Subclause 73(1) of Schedule 3
Omit "the OHS inspector", substitute "the inspector".
63 Paragraph 73(1)(f) of Schedule 3
Omit "OHS inspector's powers under this Schedule", substitute "inspector's powers".
64 Paragraphs 73(2)(a) of Schedule 3
Omit "the OHS inspector" (wherever occurring), substitute "the inspector".
65 Paragraph 73(2)(a) of Schedule 3
Omit "article", substitute "thing".
66 Paragraphs 73(2)(b) of Schedule 3
Omit "the OHS inspector", substitute "the inspector".
67 Subclauses 73(5) and (6) of Schedule 3
Repeal the subclauses, substitute:
Titleholders and their representatives--limitation on requirements
(5) Paragraphs ( 1)( ca ) and (da), which give inspectors certain powers in relation to titleholders and their representatives, do not apply unless the inspection wholly or partly concerns the titleholder's well - related obligations.
68 Clause 74 of Schedule 3 (heading)
Repeal the heading, substitute:
74 OHS inspections--powers to require information, and the production of documents and things
69 Paragraph 74(1)(a) of Schedule 3
Repeal the paragraph, substitute:
(a) a NOPSEMA inspector is satisfied on reasonable grounds that a person is capable of answering a question that is reasonably connected with the conduct of an OHS inspection; and
70 Subparagraph 74(1)(b)(v) of Schedule 3
Repeal the subparagraph, substitute:
(v) in the case of an inspection at a facility--the titleholder's representative (if any) at the facility who is nominated for the inspection, or anyone engaged in petroleum or greenhouse gas activities at the facility; or
(vi) in the case of an inspection at a place other than a facility--any person representing the titleholder;
71 Subclause 74(1) of Schedule 3
Omit "the OHS inspector" (wherever occurring), substitute "the inspector".
72 Subclause 74(3) of Schedule 3 (heading)
Repeal the heading, substitute:
Requirement to produce documents or things
73 Paragraph 74(3)(a) of Schedule 3
Repeal the paragraph, substitute:
(a) a NOPSEMA inspector is satisfied on reasonable grounds that a person is capable of producing a document or thing that is reasonably connected with the conduct of an OHS inspection; and
74 Subparagraph 74(3)(b)(v) of Schedule 3
Repeal the subparagraph, substitute:
(v) in the case of an inspection at a facility--the titleholder's representative (if any) at the facility who is nominated for the inspection, or anyone engaged in petroleum or greenhouse gas activities at the facility; or
(vi) in the case of an inspection at a place other than a facility--any person representing the titleholder;
75 Subclause 74(3) of Schedule 3
Omit "the OHS inspector", substitute "the inspector".
76 Subclause 74(3) of Schedule 3
Omit "article" (last occurring), substitute "thing".
77 Paragraph 74(4)(b) of Schedule 3
Omit "article", substitute "thing".
78 Subclause 74(8) of Schedule 3
Omit "article" (wherever occurring), substitute "thing".
79 Paragraphs 74(9)(a), (b) and (c) of Schedule 3
Omit "article", substitute "thing".
80 Subclauses 74(10) and (11) of Schedule 3
Repeal the subclauses, substitute:
Titleholders and their representatives--limitation on requirements
(10) Subparagraphs ( 1)(b)(v) and (vi) and (3)(b)(v) and (vi), which give inspectors certain powers in relation to titleholders and their representatives, do not apply unless the inspection wholly or partly concerns compliance with the titleholder's well - related obligations.
81 Clause 75 of Schedule 3 (heading)
Repeal the heading, substitute:
75 OHS inspections--power to take possession of plant and samples etc.
82 Subclause 75(1) of Schedule 3
Omit "In conducting an inspection, an OHS inspector", substitute "In conducting an OHS inspection, a NOPSEMA inspector".
83 Subclause 75(2) of Schedule 3
Omit "the OHS inspector", substitute "the inspector".
84 After paragraph 75(2)(d) of Schedule 3
Insert:
; and (e) the titleholder's representative (if any) at the facility who is nominated for the inspection;
85 At the end of subclause 75(2) of Schedule 3
Add:
Note: A titleholder's representative is only required to be at the facility if the inspection concerns the titleholder's well - related obligations (see section 602K).
86 Subclause 75(3) of Schedule 3
Omit "the OHS inspector", substitute "the inspector".
87 Subclause 75(4) of Schedule 3 (heading)
Repeal the heading, substitute:
Duties of inspector
88 Subclauses 75(4) and (5) of Schedule 3
Omit "the OHS inspector" (wherever occurring), substitute "the inspector".
89 Clauses 76, 77 and 78 of Schedule 3
Repeal the clauses, substitute:
76 OHS inspections--do not disturb notices (general)
When a notice may be issued
(1) A NOPSEMA inspector may issue a do not disturb notice, in writing, under this clause if, in conducting an OHS inspection in relation to a facility, the inspector is satisfied on reasonable grounds that it is reasonably necessary to issue the notice in order to:
(a) remove an immediate threat to the health or safety of any person; or
(b) allow the inspection, examination or measurement of, or the conducting of tests concerning:
( i ) the facility; or
(ii) particular plant, or a particular substance or thing, at the facility.
Issue of notice
(2) The notice may be issued to either or both of the following persons (the responsible person ) as applicable:
(a) in any case--the operator;
(b) if the inspection wholly or partly concerns compliance with the titleholder's well - related obligations--the titleholder.
(3) Without limiting subclause ( 2), the notice may be issued to a responsible person as follows:
(a) if the operator is a responsible person--by being given to the operator's representative at the facility;
(b) if the titleholder is a responsible person--by being given to the titleholder's representative (if any) at the facility who is nominated for the inspection.
Note: A titleholder's representative is only required to be at the facility if the inspection concerns the titleholder's well - related obligations (see section 602K).
Contents of notice
(4) The notice must:
(a) direct the responsible person to take all reasonably practicable steps to ensure that one or more of the following are not disturbed for a period specified in the notice:
( i ) a particular workplace;
(ii) particular plant, or a particular substance or thing, at the facility; and
(b) set out the reasons for the inspector's decision to issue the notice.
(5) The period specified in the notice must be a period that the inspector is satisfied on reasonable grounds is necessary in order to allow the inspection, examination, measuring or testing to take place.
Renewal of notice
(6) The notice may be renewed by another notice in the same terms.
Offence
(7) A person commits an offence if:
(a) the person is subject to a do not disturb notice; and
(b) the person omits to do an act; and
(c) the omission breaches the notice.
Penalty for contravention of subclause ( 7): 300 penalty units.
76A OHS inspections--do not disturb notices (notification and display)
Scope
(1) This clause applies if a NOPSEMA inspector issues a do not disturb notice to a person (the responsible person ) under clause 76.
Notification to interested persons
(2) If the only responsible person for the notice is the titleholder, as soon as practicable after issuing the notice, the inspector must take reasonable steps to give a copy of the notice to:
(a) the operator; and
(b) if the inspector is at the facility when the notice is issued--the operator's representative at the facility.
(3) If the notice (or a copy of the notice) is not given to the operator's representative at the facility, the operator must give a copy of the notice to the operator's representative.
(4) The operator's representative at the facility must give a copy of the notice to the following persons:
(a) if the workplace, plant, substance or thing to which the direction relates is owned by a person other than the operator of the facility--that owner;
(b) if there is a health and safety representative for a designated work group that includes a group member performing work at a workplace, or involving the plant, substance or thing, to which the direction relates--that representative.
Display of notice
(5) The operator's representative at the facility must cause a copy of the notice to be displayed in a prominent place at the workplace:
(a) that is to be left undisturbed; or
(b) where the plant, substance or thing that is to be left undisturbed is located.
77 OHS inspections--prohibition notices (issue)
When a notice may be issued
(1) A NOPSEMA inspector may issue a prohibition notice, in writing, under this clause if, in conducting an OHS inspection in relation to a facility, the inspector is satisfied on reasonable grounds that:
(a) either:
( i ) an activity is occurring at the facility that involves an immediate threat to the health or safety of a person; or
(ii) an activity may occur at the facility that, if it occurred, would involve an immediate threat to the health or safety of a person; and
(b) it is reasonably necessary to issue the notice in order to remove the threat.
Responsible person for the notice
(2) The notice may be issued to either or both of the following (the responsible person ), as applicable:
(a) in any case--the operator;
(b) if the inspection wholly or partly concerns compliance with the titleholder's well - related obligations--the titleholder.
(3) Without limiting subclause ( 2), the notice may be issued to a responsible person as follows:
(a) if the operator is a responsible person--by being given to the operator's representative at the facility;
(b) if the titleholder is a responsible person--by being given to the titleholder's representative (if any) at the facility who is nominated for the inspection.
Note: A titleholder's representative is only required to be at the facility if the inspection concerns the titleholder's well - related obligations (see section 602K).
Contents of notice
(4) The notice must:
(a) specify the activity mentioned in subparagraph ( 1)(a)( i ) or (ii); and
(b) set out the reasons for the inspector's satisfaction about the circumstances mentioned in subparagraph ( 1)(a)( i ) or (ii); and
(c) if the responsible person is the operator--either:
( i ) direct the operator to ensure that the activity is not conducted; or
(ii) direct the operator to ensure that the activity is not conducted in a specified manner; and
(d) if the responsible person is the titleholder--either:
( i ) direct the titleholder to ensure that the activity is not conducted; or
(ii) direct the titleholder to ensure that the activity is not conducted in a specified manner.
(5) For paragraph ( 4)(c) or (d), a specified manner may relate to any one or more of the following:
(a) any workplace, or part of a workplace, at which the activity is not to be conducted;
(b) any plant, substance or thing that is not to be used in connection with the activity;
(c) any procedure that is not to be followed in connection with the activity.
(6) The notice may specify action that may be taken to satisfy a NOPSEMA inspector that adequate action has been taken to remove the threat to health or safety.
Offence
(7) A person commits an offence if:
(a) the person is subject to a prohibition notice; and
(b) the person omits to do an act; and
(c) the omission breaches the notice.
Penalty for contravention of subclause ( 7): 600 penalty units.
77A OHS inspections--prohibition notices (notification, display and compliance)
Scope
(1) This clause applies if a NOPSEMA inspector issues a prohibition notice to a person (the responsible person ) under clause 77 in relation to a threat to health or safety at a facility.
Notification to interested persons
(2) If the only responsible person for the prohibition notice is the titleholder, as soon as practicable after issuing the notice, the inspector must take reasonable steps to give a copy of the notice to:
(a) the operator; and
(b) if the inspector is at the facility when the notice is issued--the operator's representative at the facility.
(3) If the notice (or a copy of the notice) is not given to the operator's representative at the facility, the operator must give a copy of the notice to the operator's representative.
(4) The operator's representative at the facility must give a copy of the notice to the following persons:
(a) if the workplace, plant, substance or thing to which the notice relates is owned by a person other than the responsible person--that owner;
(b) if there is a health and safety representative for a designated work group that includes a group member performing work at a workplace, or involving the plant, substance or thing, to which the direction relates--that representative.
Display of notice
(5) The operator's representative at the facility must cause a copy of the notice to be displayed in a prominent place at the workplace:
(a) that is to be left undisturbed; or
(b) where the plant, substance or thing that is to be left undisturbed is located.
Inadequate action in response to notice
(6) If a NOPSEMA inspector is satisfied that action taken by the responsible person to remove the threat to health or safety is not adequate, the inspector must inform the responsible person accordingly.
(7) In making a decision under subclause ( 6), a NOPSEMA inspector may exercise such of the powers of a NOPSEMA inspector conducting an OHS inspection as the inspector considers necessary for the purposes of making the decision.
When notice ceases to have effect
(8) The notice ceases to have effect in relation to a responsible person when a NOPSEMA inspector notifies the responsible person that the inspector is satisfied that the responsible person, or another person, has taken adequate action to remove the threat to health or safety.
78 OHS inspections--improvement notices (issue)
When a notice may be issued
(1) A NOPSEMA inspector may issue an improvement notice to a person (the responsible person ), in writing, under this clause if, in conducting an OHS inspection in relation to a facility, the inspector is satisfied on reasonable grounds that:
(a) the responsible person:
( i ) is contravening a provision of a listed OHS law; or
(ii) has contravened a provision of a listed OHS law and is likely to contravene that provision again; and
(b) as a result, there is, or may be, a risk to the health or safety of any person.
How notice may be issued
(2) Without limiting subclause ( 1), the notice may be issued to a responsible person as follows:
(a) if the responsible person is the operator--by being given to the operator's representative at the facility;
(b) if the responsible person is an employer (other than the operator) of members of the workforce, but it is not practicable to give the notice to the employer--by being given to the operator's representative at the facility;
(c) if the responsible person is the titleholder--by being given to the titleholder's representative (if any) at the facility who is nominated for the inspection.
Note: A titleholder's representative is only required to be at the facility if the inspection concerns the titleholder's well - related obligations (see section 602K).
Contents of notice
(3) The notice must:
(a) specify the contravention that the NOPSEMA inspector is satisfied on reasonable grounds is occurring, or has occurred and is likely to occur again, and set out those grounds; and
(b) specify the risk to health or safety mentioned in paragraph ( 1)(b); and
(c) specify action that the inspector is satisfied on reasonable grounds is required to be taken by the responsible person to reduce or prevent the risk; and
(d) specify a period within which the responsible person is to take the action.
Period of notice and action to be taken
(4) The period specified in the notice must be reasonable.
(5) If the NOPSEMA inspector is satisfied on reasonable grounds that it is appropriate to do so, the NOPSEMA inspector may, in writing and before the end of the period, extend the period specified in the notice.
78A OHS inspections--improvement notices (compliance)
Duty of responsible person
(1) A responsible person in relation to an improvement notice must ensure that the notice is complied with to the extent that it relates to any matter over which the person has control.
Offence
(2) A person commits an offence if:
(a) the person is subject to a requirement under subclause ( 1); and
(b) the person omits to do an act; and
(c) the omission breaches the requirement.
Penalty: 300 penalty units.
Civil penalty
(3) A person is liable to a civil penalty if the person contravenes a requirement under subclause ( 1).
Civil penalty: 400 penalty units.
78B OHS inspections--improvement notices (notification and display)
Scope
(1) This clause applies if a NOPSEMA inspector issues an improvement notice to a person (the responsible person ) under clause 78 in relation to a contravention, or likely contravention, of a listed OHS law.
If notice not given to the operator's representative--representative to be notified
(2) If the notice is not issued by being given to the operator's representative at the facility, the responsible person (unless the responsible person is the titleholder) must cause a copy of the notice to be given to the operator's representative.
Note: If the responsible person is the titleholder, subclauses ( 4) and (5) provide for the operator and the operator's representative to be notified.
If responsible person is operator or employer--notification of health and safety representative
(3) If the responsible person is the operator or an employer (other than the operator) of members of the workforce, the operator's representative at the facility must give a copy of the notice to each health and safety representative for a designated work group having group members performing work that is affected by the notice.
If responsible person is titleholder--notification of operator and operator's representative
(4) If the responsible person is the titleholder, as soon as practicable after issuing the notice, the inspector must take reasonable steps to give a copy of the notice to:
(a) the operator; and
(b) if the inspector is at the facility when the notice is issued--the operator's representative at the facility.
(5) If the responsible person is the titleholder, but the inspector is not at the facility when the notice is issued, the operator must give a copy of the notice to the operator's representative at the facility.
Display of notice
(6) The operator's representative at the facility must cause a copy of the notice to be displayed in a prominent place at or near each workplace at which work affected by the notice is being performed.
NOPSEMA to notify employer, owner etc.
(7) As soon as practicable after issuing the notice, the NOPSEMA inspector must take reasonable steps to give a copy of the notice to:
(a) the employer of an employee who is a member of the workforce, if the notice is issued:
( i ) to the employee; and
(ii) in connection with work performed by the employee; and
(b) the owner of any workplace, plant, substance or thing that the notice relates to, unless the owner is:
( i ) the responsible person; or
(ii) an employer referred to in paragraph ( a); and
(c) if the responsible person is the owner of any workplace, plant, substance or thing because of which the contravention has occurred, or is likely to occur:
( i ) the operator of the facility; and
(ii) if the employer of employees who work in that workplace or who use that plant, substance or thing is a person other than the operator--that employer; and
(d) the titleholder, if:
( i ) the responsible person is the operator; and
(ii) the contravention relates, or is likely to relate, to the titleholder's well - related obligations.
90 Clause 79 of Schedule 3 (heading)
Repeal the heading, substitute:
79 OHS inspections--tampering with and removal of notices
91 Subclauses 79(1) and (3) of Schedule 3
Omit "76(4), 77(10) or 78(11)", substitute "76A(5), 77A(5) or 78B(6)".
92 At the end of subclause 79(3) of Schedule 3
Add "in relation to each person subject to the notice".
93 Division 4 of Part 4 of Schedule 3 (heading)
Repeal the heading, substitute:
Division 4 -- Reports: OHS inspections etc.
94 Clause 80 of Schedule 3 (heading)
Repeal the heading, substitute:
80 Reports on listed OHS law inspections
95 Before subclause 80(1) of Schedule 3
Insert:
Scope
(1A) This section applies if a NOPSEMA inspector has conducted either of the following inspections in relation to a listed OHS law:
(a) an OHS inspection (under this Part);
(b) an inspection for the purposes of Division 1 of Part 6.5 of this Act.
96 Subclause 80(1) of Schedule 3
Omit "If an OHS inspector has conducted an inspection, the OHS inspector", substitute "The inspector".
97 Paragraphs 80(2)(a) and (b) of Schedule 3
Omit "OHS".
98 Paragraphs 80(3)( aa ) and ( ab ) of Schedule 3
Repeal the paragraphs, substitute:
( aa ) if the report relates wholly or partly to a titleholder's well - related obligations--to the titleholder; and
99 Subclause 80(4) of Schedule 3
After "request the operator", insert ", the titleholder".
100 Subclause 80(4) of Schedule 3
Omit "the Authority", substitute " NOPSEMA ".
101 Paragraph 80(4)(b) of Schedule 3
After "for the operator", insert ", the titleholder".
102 Subclause 80(4) of Schedule 3
After "and the operator", insert ", the titleholder".
103 Division 5 of Part 4 of Schedule 3 (heading)
Repeal the heading, substitute:
Division 5 -- Appeals: OHS inspections etc.
80A Appeals concerning OHS inspections etc.--decisions subject to appeal
Scope
(1) The following table has effect in relation to a decision by a NOPSEMA inspector:
(a) in any case--in conducting an OHS inspection; or
(b) for items 4 to 8 of the table--in relation to the issue of a do not disturb notice, a prohibition notice or an improvement notice under section 602E (after entering premises under Part 3 of the Regulatory Powers Act as applied under Division 1 of Part 6.5 of this Act).
Decisions subject to appeal | ||
Item | If the inspector makes the following decision ... | the following persons may appeal against the decision to the reviewing authority by written notice ... |
1 | A decision to confirm or vary a provisional improvement notice, under clause 39 | (a) a person to whom the provisional improvement notice was issued under subclause 38(2); (b) the operator of the facility; (c) a titleholder, if the notice relates to the titleholder's well - related obligations; (d) an employer, if affected by the decision; (e) a relevant health and safety representative; (f) a relevant workforce representative, if requested by a member of the workforce affected by the decision; (g) a person who owns any workplace, plant, substance or thing to which the decision relates. |
2 | A decision to cancel a provisional improvement notice, under clause 39 | (a) a relevant health and safety representative; (b) a relevant workforce representative, if requested by a member of the workforce affected by the decision. |
3 | A decision to take possession of plant, a substance or thing, or to take a sample, under clause 75 | (a) the operator of the facility; (b) a titleholder, if the reasons stated in the notice under subclause 75(2) relate to the titleholder's well - related obligations; (c) an employer, if affected by the decision; (d) a relevant health and safety representative; (e) a relevant workforce representative, if requested by a member of the workforce affected by the decision; (f) a person who owns the workplace, plant, substance or thing. |
4 | Either of the following: (a) a decision to issue a do not disturb notice, under clause 76; (b) a decision to exercise the corresponding power under section 602E. | (a) the operator of the facility; (b) a titleholder, if the notice is issued to the titleholder; (c) an employer, if affected by the decision; (d) a relevant health and safety representative; (e) a relevant workforce representative, if requested by a member of the workforce affected by the decision; (f) a person who owns the workplace, plant, substance or thing. |
5 | Either of the following: (a) a decision to issue a prohibition notice, under clause 77; (b) a decision to exercise the corresponding power under section 602E. | (a) the operator of the facility; (b) a titleholder, if the notice is issued to the titleholder; (c) an employer, if affected by the decision; (d) a relevant health and safety representative; (e) a relevant workforce representative, if requested by a member of the workforce affected by the decision. |
6 | Either of the following: (a) a decision that an operator of a facility, or a titleholder, to whom a prohibition notice has been issued has not taken adequate action to remove a threat to health and safety, for the purposes of subclause 77A(6); (b) a corresponding decision in relation to the exercise of the corresponding power under section 602E. | (a) the operator of the facility; (b) a titleholder, if the notice is issued to the titleholder; (c) an employer, if affected by the decision; (d) a relevant health and safety representative; (e) a relevant workforce representative, if requested by a member of the workforce affected by the decision. |
7 | Either of the following: (a) a decision that an operator of a facility, or a titleholder, to whom a prohibition notice has been issued has taken adequate action to remove a threat to health and safety, for the purposes of subclause 77A(8); (b) a corresponding decision in relation to the exercise of the corresponding power under section 602E. | (a) a relevant health and safety representative; (b) a relevant workforce representative, if requested by a member of the workforce affected by the decision. |
8 | Either of the following: (a) a decision to issue an improvement notice, under clause 78; (b) a decision to exercise the corresponding power under section 602E. | (a) the operator of the facility; (b) the titleholder, if the notice is issued to the titleholder; (c) any other person to whom the notice is issued; (d) an employer, if affected by the decision; (e) a relevant health and safety representative; (f) a relevant workforce representative, if requested by a member of the workforce affected by the decision; (g) a person who owns any workplace, plant, substance or thing to which the decision relates. |
(2) In this clause:
"relevant health and safety representative" , in relation to a decision, means the health and safety representative for a designated work group having a member affected by the decision.
"relevant workforce representative" , in relation to a member of the workforce affected by a decision, means:
(a) a workforce representative in relation to a designated work group, if the member of the workforce is a group member; or
(b) if there is no designated work group in relation to the member of the workforce--any workforce representative in relation to the member.
104 Clause 81 of Schedule 3 (heading)
Repeal the heading, substitute:
81 Appeals concerning OHS inspections etc.--associated rules and procedure
105 Subclauses 81(1) and (2) of Schedule 3
Repeal the subclauses.
106 Subclauses 81(3) and (4) of Schedule 3
Repeal the subclauses, substitute:
Appeal does not affect the operation of a decision
(3) Subject to this clause, the making of an appeal under this Division against a decision does not affect the operation of the decision or prevent the taking of action to implement the decision, except to the extent that the reviewing authority makes an order to the contrary.
Suspension of improvement notices
(4) If the decision appealed against is a decision to which item 8 of the table in subclause 80A(1) applies, the operation of the decision is suspended pending determination of the appeal, except to the extent that the reviewing authority makes an order to the contrary.
Note: Item 8 of the table in subclause 80A(1) applies to a decision to issue an improvement notice, or to exercise a corresponding power under section 602E.
107 Subclause 81(5) of Schedule 3
Omit "an OHS inspector", substitute "a NOPSEMA inspector".
108 Paragraph 81(6)(a) of Schedule 3
Omit " subclause ( 1) or (2)", substitute "this Division".
109 Subclause 81(8) of Schedule 3 (heading)
Repeal the heading, substitute:
Inspector's duty to return plant etc. to the workplace
110 Subclause 81(8) of Schedule 3
Omit "OHS inspector", substitute "inspector".
111 Paragraph 88(1)(f) of Schedule 3
Omit "an inspection", substitute "an OHS inspection or an inspection in relation to a listed OHS law for the purposes of Division 1 of Part 6.5 of this Act".
112 Subparagraph 88(1)(g)(ii) of Schedule 3
Omit "an OHS inspector", substitute "a NOPSEMA inspector".
113 Subclause 89(1) of Schedule 3 (heading)
Repeal the heading, substitute:
NOPSEMA or NOPSEMA inspector may institute prosecutions
114 Clause 91 of Schedule 3
Before "This Schedule", insert "(1)".
115 At the end of clause 91 of Schedule 3
Add:
(2) However, subclause ( 1) does not apply in relation to the enforcement, for the purposes of Division 4 of Part 6.5 of this Act, of a listed OHS law that is a civil penalty provision.
Part 4 -- Consequential amendments
Division 1--General amendments
Offshore Petroleum and Greenhouse Gas Storage Act 2006
116 Section 7
Insert:
"Federal Circuit Court" means the Federal Circuit Court of Australia.
117 Section 7 (definition of Greater Sunrise visiting inspector )
Repeal the definition, substitute:
"Greater Sunrise visiting inspector" means a NOPSEMA inspector identified as a Greater Sunrise visiting inspector in his or her identity card (see subsection 602(4)).
118 Section 7
Insert:
"identity card" of a NOPSEMA inspector means an identity card issued to the inspector under the Regulatory Powers Act in its application under Division 1 of Part 6.5 of this Act.
119 Section 7
Insert:
"listed" NOPSEMA law : see section 601.
120 Section 7
Insert:
"petroleum environmental law" has the same meaning as in Schedule 2A.
121 Section 7
Insert:
"titleholder's representative" : see section 602K.
122 Paragraph 699(1)(b)
Omit "petroleum project inspector in relation to an offshore area", substitute " NOPSEMA inspector".
123 Paragraph 699(1)(b)
Omit "the offshore area", substitute "an offshore area".
124 Subsection 707A(1)
Omit "petroleum project inspector as to the exercise of the petroleum project inspector's", substitute " NOPSEMA inspector as to the exercise of the inspector's".
125 Subsection 707A(2)
Omit "A petroleum project inspector", substitute "A NOPSEMA inspector".
126 Paragraph 768(1)(g)
Repeal the paragraph, substitute:
(g) a NOPSEMA inspector;
127 Paragraph 768(1)( i )
Repeal the paragraph.
128 Paragraph 780F(1)(c)
Omit "and".
129 Paragraph 780F(1)(d)
Repeal the paragraph.
130 Subsection 780F(1)
Omit "under this Act", substitute "for the purposes of this Act".
131 Paragraph 780F(2)(c)
Omit "or".
132 Paragraph 780F(2)(d)
Repeal the paragraph.
133 Subsection 780F(7)
Omit "under this Act", substitute "for the purposes of this Act".
134 Paragraph 780F(7)(c)
Omit "; or", substitute ".".
135 Paragraph 780F(7)(d)
Repeal the paragraph.
136 Subsection 780F(8)
Omit "Subsections 600(6), 606(5) and 681(5)", substitute "The provisions covered by subsection ( 8A)".
137 Subsection 780F(8)
Omit "under this Act", substitute "for the purposes of this Act".
138 Paragraph 780F(8)(c)
Omit "; or", substitute ".".
139 Paragraph 780F(8)(d)
Repeal the paragraph.
140 After subsection 780F(8)
Insert:
(8A) For the purposes of subsection ( 8), the following provisions are covered by this subsection:
(a) subsection 36(6) or 77(6) of the Regulatory Powers Act, as it applies in relation to a NOPSEMA inspector (see Division 1 of Part 6.5 of this Act);
(b) subsection 606(5) (which applies in relation to a greenhouse gas project inspector).
Note: The listed provisions require the inspectors concerned to carry their identity cards with them at all times while exercising their powers.
141 Paragraph 780F(9)(c)
Omit "inspector;", substitute "inspector.".
142 Paragraph 780F(9)(d)
Repeal the paragraph.
Division 2-- NOPSEMA inspectors
Offshore Petroleum and Greenhouse Gas Storage Act 2006
143 Multiple amendments
The provisions of the Offshore Petroleum and Greenhouse Gas Storage Act 2006 listed in this Division are amended by:
(a) omitting "a petroleum project inspector" and substituting "a NOPSEMA inspector"; and
(b) omitting "the petroleum project inspector" and substituting "the inspector"; and
(c) omitting " petroleum project inspector " and substituting " NOPSEMA inspector ".
144 Section 696
145 Section 699 (heading)
146 Subsection 699(2)
147 Section 701
148 Section 703
149 Section 704 (heading)
150 Subsections 704(1), (2) and (4)
151 Paragraph 705(a)
152 Paragraph 706(b)
153 Paragraphs 780F(1)(a), (2)(a), (7)(a), (8)(a) and (9)(a)
Part 5 -- Transitional, application and savings provisions
154 Definitions
In this Part:
function includes duty.
Offshore Act means the Offshore Petroleum and Greenhouse Gas Storage Act 2006 , and includes legislative instruments made under that Act.
155 Application--general
Subject to this Part, the Offshore Act, as amended by this Schedule, applies on and after the commencement of this Schedule in relation to the following:
(a) acts or omissions of persons, whether occurring before, on or after that commencement;
(b) any other matter, whether arising before, on or after that commencement, that is relevant to the exercise of powers or the performance of functions of a NOPSEMA inspector, on or after that commencement, for the purposes of that Act.
156 Transitional--inspectors
Petroleum project inspectors and OHS inspectors
(1) If, immediately before the commencement of this Schedule, a person held an appointment under the Offshore Act as a petroleum project inspector or an OHS inspector, the person is, on and after that commencement, taken to hold an appointment under that Act (as amended by this Schedule) as a NOPSEMA inspector.
(2) The person's appointment as a NOPSEMA inspector (as provided by subitem ( 1)) is taken to be:
(a) for the balance of the term of the appointment, on the same terms and conditions as the person's appointment as a petroleum project inspector or an OHS inspector; and
(b) if the person previously held an appointment as an OHS inspector--subject to any directions or notice given to or in relation to the person under clause 48 of Schedule 3 to the Offshore Act in his or her capacity as an OHS inspector.
(3) For the purposes of the Offshore Act as amended by this Schedule, a direction or notice mentioned in paragraph ( 2)(b) is taken to have been given as a direction or notice under section 602A of that Act. The direction or notice may be varied or revoked accordingly.
Greater Sunrise visiting inspectors
(4) If, immediately before the commencement of this Schedule, a person held an appointment under the Offshore Act as a petroleum project inspector in the capacity of a Greater Sunrise visiting inspector, the person is, on and from that commencement, taken to hold an appointment as a NOPSEMA inspector in the same capacity.
157 Transitional--identity cards
(1) This item applies to an identity card issued under the Offshore Act before the commencement of this Schedule, to a person appointed under that Act as a petroleum project inspector or an OHS inspector, if the identity card is in effect immediately before that commencement.
(2) The identity card continues in effect for 28 days after that commencement, as if it had been issued to the person as a NOPSEMA inspector for the purposes of section 602 of the Offshore Act as amended by this Schedule.
158 Savings--inspections still in progress
Petroleum inspections and OHS inspections may be continued
(1) An inspection in relation to particular conduct, or a particular event or circumstances, for the purposes of Division 1 of Part 6.5 of the Offshore Act, or Part 4 of Schedule 3 to the Offshore Act, that had started (but not ended) before the commencement of the amendments made by this Schedule may be continued on and after that commencement as if those amendments had not been made.
(2) For the purposes of the inspection, the Offshore Act continues to apply as in force immediately before that commencement in relation to the inspection until the inspection ends.
(3) Without limiting subitem ( 2), the Offshore Act as in force immediately before that commencement continues to apply, on and after that commencement, in relation to a warrant, notice, direction or other instrument issued, or anything else done (whether before, on or after the commencement of this Schedule) in the course of the inspection.
New inspections may be started
(4) This item does not prevent the following inspections being started on or after the commencement of this Schedule in relation to the same conduct, event or circumstances (or an aspect of that conduct or event, or those circumstances):
(a) an inspection involving the exercise of powers, and the performance of functions, for the purposes of Division 1 of Part 6.5 of the Offshore Act as amended by this Schedule;
(b) a petroleum environmental inspection under Schedule 2A to the Offshore Act as amended by this Schedule;
(c) an OHS inspection under Schedule 3 to the Offshore Act as amended by this Schedule.
Definitions
(5) For the purposes of this item:
(a) an inspection starts when the relevant inspector, or NOPSEMA , makes a decision to start the inspection; and
(b) an inspection ends when the relevant inspector, or NOPSEMA , makes a decision to end the inspection.
159 Transitional and savings--inquiries concerning significant offshore incidents
Persons taken to be inspectors
(1) If, immediately before the commencement of this Schedule, a direction by the Secretary was in force under section 780F of the Offshore Act in relation to a person, in accordance with which the person was taken under that section to be a petroleum project inspector, a Greater Sunrise visiting inspector or an OHS inspector under that Act, then on and after that commencement:
(a) the direction continues in force, subject to that Act as amended by this Schedule; and
(b) the person is taken under that section (as amended by this Schedule) to be a NOPSEMA inspector, or a NOPSEMA inspector in the capacity of a Greater Sunrise visiting inspector; and
(c) the person's identity card issued under that section continues in effect for 28 days after that commencement in accordance with that section as amended by this Schedule; and
(d) that section applies in relation to the person accordingly.
Inspections may be continued
(2) An inspection in relation to particular conduct, or a particular event or circumstances, involving the exercise of powers or the performance of functions given to a person under section 780F of the Offshore Act that had started (but not ended) before the commencement of the amendments made by this Schedule may be continued on and after that commencement as if those amendments had not been made, subject to this item.
(3) For the purposes of the inspection, the Offshore Act continues to apply as in force immediately before that commencement in relation to the inspection until the inspection ends.
(4) Without limiting subitem ( 3), the Offshore Act as in force immediately before that commencement continues to apply, on and after the commencement, in relation to a warrant, notice, direction or other instrument issued, or anything else done (whether before, on or after the commencement of this Schedule) in the course of the inspection.
New inspections may be started
(5) This item does not prevent an inspection involving the exercise of powers or the performance of functions given to a person under section 780F of the Offshore Act as amended by this Schedule being started on or after the commencement of this Schedule in relation to the same conduct, event or circumstances (or an aspect of that conduct or event, or those circumstances).
Definitions
(6) For the purposes of this item:
(a) an inspection starts when the relevant inspector makes a decision to start the inspection; and
(b) an inspection ends when the relevant inspector makes a decision to end the inspection.
160 Transitional regulations
The Governor - General may make regulations prescribing matters of a transitional nature (including prescribing any saving or application provisions) relating to the amendments and repeals made by this Schedule.