Commonwealth Consolidated Acts Commonwealth Consolidated ActsPart 1 -- Environmental prohibition and improvement notices
Offshore Petroleum and Greenhouse Gas Storage Act 2006
1 Paragraph 602E(2)(a)
Omit "a do not disturb notice under clause 10 of Schedule 2A", substitute "any of the following:
(i) an environmental do not disturb notice under clause 10 of Schedule 2A;
(ii) an environmental prohibition notice under clause 11A of Schedule 2A;
(iii) an environmental improvement notice under clause 11C of Schedule 2A;".
2 Clause 2 of Schedule 2A (definition of do not disturb notice )
Repeal the definition.
3 Clause 2 of Schedule 2A
Insert:
"environmental do not disturb notice" has the meaning given by subclause 10(2).
"environmental improvement notice" has the meaning given by subclause 11C(2).
"environmental prohibition notice" has the meaning given by subclause 11A(2).
4 After clause 11 of Schedule 2A
Insert:
11A Petroleum environmental inspections--environmental prohibition notices (issue)
Scope
(1) This clause applies if a NOPSEMA inspector is conducting a petroleum environmental inspection in relation to offshore petroleum premises.
When notice may be issued
(2) A NOPSEMA inspector may issue a notice (an environmental prohibition notice ) to a titleholder, in writing, under this clause if, in conducting the inspection, the 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) the operation or use of the premises involves an immediate and significant threat to the environment;
(iv) the operation or use of the premises, if it occurred, would involve an immediate and significant threat to the environment; and
(b) it is reasonably necessary to issue the notice in order to remove the threat.
Note: The notice will be published on NOPSEMA's website (see clause 12A).
How notice may be issued
(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) state that the 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, or the operation or use of the premises, that involves a threat to the environment; and
(c) specify the threat to the environment, and describe the environment that is subject to the threat; and
(d) direct the titleholder to ensure:
(i) that the activity is not conducted; or
(ii) that the activity is not conducted in a specified manner; or
(iii) that the premises are not operated or used; or
(iv) that the premises are not operated or used in a specified manner.
(5) 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 the environment.
Offence
(6) A person commits an offence if:
(a) the person is subject to an environmental prohibition notice; and
(b) the person omits to do an act; and
(c) the omission breaches the notice.
Penalty: 600 penalty units.
Continuing offences
(7) A person who commits an offence against subclause ( 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 subclause ( 6) continues is 10% of the maximum penalty that can be imposed in respect of that offence.
Definition
(9) In this clause:
"premises" , in relation to offshore petroleum premises, includes:
(a) a particular part of the premises; and
(b) particular plant or equipment, or a particular substance or thing, at the premises.
11B Petroleum environmental inspections--environmental prohibition notices (notification)
Scope
(1) This clause applies if a NOPSEMA inspector issues an environmental prohibition notice to a titleholder under clause 11A that concerns a threat to the environment in relation to:
(a) an activity at offshore petroleum premises; or
(b) the operation or use of offshore petroleum premises.
Notice to interested persons
(2) As soon as practicable after issuing the 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 relevant plant, equipment, substance or thing is) owned by a person other than the titleholder or operator--that owner.
Display of notice
(3) The titleholder must cause a copy of the notice to be displayed in a prominent place at the premises.
Inadequate action in response to notice
(4) If a NOPSEMA inspector is satisfied that action taken by the titleholder to remove the threat to the environment is not adequate, the inspector must inform the titleholder accordingly.
(5) In making a decision under subclause ( 4), a NOPSEMA inspector may exercise such of the powers of a NOPSEMA inspector conducting a petroleum environmental inspection as the inspector considers necessary for the purposes of making the decision.
When notice ceases to have effect
(6) The notice ceases to have effect in relation to a titleholder when a NOPSEMA inspector notifies the titleholder that the inspector is satisfied that the titleholder, or another person, has taken adequate action to remove the threat to the environment.
Definition
(7) In this clause:
"premises" , in relation to offshore petroleum premises, includes:
(a) a particular part of the premises; and
(b) particular plant or equipment, or a particular substance or thing, at the premises.
11C Petroleum environmental inspections--environmental improvement notices (issue)
Scope
(1) This clause applies if a NOPSEMA inspector is conducting a petroleum environmental inspection in relation to offshore petroleum premises.
When notice may be issued
(2) A NOPSEMA inspector may issue a notice (an environmental improvement notice ) to a titleholder, in writing, under this clause if, in conducting the inspection, the inspector is satisfied on reasonable grounds that:
(a) the titleholder:
(i) is contravening a provision of a petroleum environmental law; or
(ii) has contravened a provision of a petroleum environmental law and is likely to contravene that provision again; and
(b) as a result, there is, or may be, a significant threat to the environment.
Note: The notice will be published on NOPSEMA's website (see clause 12A).
How notice may be issued
(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) state that the inspector is satisfied on reasonable grounds that a specified contravention of a petroleum environmental law is occurring, or has occurred and is likely to occur again, and set out those grounds; and
(b) state that the inspector is satisfied on reasonable grounds that as a result of that contravention, there is, or may be, a significant threat to the environment, and set out those grounds; and
(c) specify the threat to the environment, and describe the environment that is subject to the threat; and
(d) specify action that the inspector is satisfied on reasonable grounds is required to be taken by the titleholder to remove the threat; and
(e) specify a period within which the titleholder is to take the action.
Period of notice and action to be taken
(5) The period specified in the notice must be reasonable.
(6) 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.
Scope
(1) This clause applies if, in the course of a petroleum environmental inspection in relation to offshore petroleum premises, a NOPSEMA inspector issues an environmental improvement notice to a titleholder under clause 11C that concerns a contravention, or likely contravention, of a petroleum environmental law.
Duty of titleholder
(2) The titleholder must ensure that the notice is complied with.
Offence
(3) A person commits an offence if:
(a) the person is subject to a requirement under subclause ( 2); and
(b) the person omits to do an act; and
(c) the omission breaches the requirement.
Penalty: 300 penalty units.
Civil penalty
(4) A person is liable to a civil penalty if the person contravenes a requirement under subclause ( 2).
Civil penalty: 400 penalty units.
Notice to interested persons
(5) As soon as practicable after issuing the 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 owned by a person other than the titleholder or operator--that owner.
Display of notice
(6) The titleholder must cause a copy of the notice to be displayed in a prominent place at the premises.
Continuing offences and continuing contraventions of civil penalty provisions
(7) The maximum penalty for each day that an offence under subclause ( 3) continues is 10% of the maximum penalty that can be imposed in respect of that offence.
Note: Subclause ( 3) is a continuing offence under section 4K of the Crimes Act 1914 .
(8) The maximum civil penalty for each day that a contravention of subclause ( 4) continues is 10% of the maximum civil penalty that can be imposed in respect of that contravention.
Note: Subclause ( 4) is a continuing civil penalty provision under section 96 of the Regulatory Powers Act.
5 Subclause 12(1) of Schedule 2A
Omit "or 11(2)", substitute ", 11(2), 11B(3) or 11D(6)".
6 Subclause 12(3) of Schedule 2A
After "11(2),", insert "11B(3) or 11D(6)".
Division 2--Minor amendments: do not disturb notices
Offshore Petroleum and Greenhouse Gas Storage Act 2006
7 Clause 10 of Schedule 2A (heading)
Omit " do not disturb notices ", substitute " environmental do not disturb notices ".
8 Subclause 10(2) of Schedule 2A
Omit "do not disturb notice", substitute "notice (an environmental do not disturb notice )".
9 Paragraph 10(7)(a) of Schedule 2A
Omit "a do not disturb notice", substitute "an environmental do not disturb notice".
10 Clause 11 of Schedule 2A (heading)
Omit " do not disturb notices ", substitute " environmental do not disturb notices ".
11 Subclauses 11(1) and (2) of Schedule 2A
Omit "a do not disturb notice", substitute "an environmental do not disturb notice".
12 Clause 3 of Schedule 3 (definition of do not disturb notice )
Repeal the definition.
13 Clause 3 of Schedule 3
Insert:
"OHS do not disturb notice" has the meaning given by subclause 76(1).
14 Clause 76 of Schedule 3 (heading)
Omit " do not disturb notices ", substitute " OHS do not disturb notices ".
15 Subclause 76(1) of Schedule 3
Omit "do not disturb notice", substitute "notice (an OHS do not disturb notice )".
16 Clause 76A of Schedule 3 (heading)
Omit " do not disturb notices ", substitute " OHS do not disturb notices ".
17 Amendments of listed provisions--OHS do not disturb notices
Omit "a do not disturb notice" and substitute "an OHS do not disturb notice" in the following provisions:
(a) subparagraph 602E(2)(b)(i);
(b) clause 47 of Schedule 3;
(c) paragraph 76(7)(a) of Schedule 3;
(d) subclause 76A(1) of Schedule 3;
(e) paragraph 80A(1)(b) of Schedule 3;
(f) item 4 of the table in subclause 80A(1) of Schedule 3.
Division 3--Minor amendments: prohibition notices
Offshore Petroleum and Greenhouse Gas Storage Act 2006
18 Clause 3 of Schedule 3 (definition of prohibition notice )
Repeal the definition.
19 Clause 3 of Schedule 3
Insert:
"OHS prohibition notice" has the meaning given by subclause 77(1).
20 Clause 77 of Schedule 3 (heading)
Omit " prohibition notices ", substitute " OHS prohibition notices ".
21 Subclause 77(1) of Schedule 3
Omit "prohibition notice", substitute "notice (an OHS prohibition notice )".
22 Clause 77A of Schedule 3 (heading)
Omit " prohibition notices ", substitute " OHS prohibition notices ".
23 Amendments of listed provisions--OHS prohibition notices
Omit "a prohibition notice" and substitute "an OHS prohibition notice" in the following provisions:
(a) subparagraph 602E(2)(b)(ii);
(b) clause 47 of Schedule 3;
(c) paragraph 77(7)(a) of Schedule 3;
(d) subclauses 77A(1) and (2) of Schedule 3;
(e) paragraph 80A(1)(b) of Schedule 3;
(f) items 5, 6 and 7 of the table in subclause 80A(1) of Schedule 3.
Division 4--Minor amendments: improvement notices
Offshore Petroleum and Greenhouse Gas Storage Act 2006
24 Clause 3 of Schedule 3 (definition of improvement notice )
Repeal the definition.
25 Clause 3 of Schedule 3
Insert:
"OHS improvement notice" has the meaning given by subclause 78(1).
26 Paragraph 34(1)(e) of Schedule 3
Omit "provisional improvement notices", substitute "provisional OHS improvement notices".
27 Clause 38 of Schedule 3 (heading)
Repeal the heading, substitute:
38 Provisional OHS improvement notices--issue and notification
28 Subclause 38(2) of Schedule 3 (heading)
Repeal the heading, substitute:
Issue of provisional OHS improvement notice
29 Subclause 38(2) of Schedule 3
Omit "provisional improvement notice", substitute "provisional OHS improvement notice".
30 Subclause 38(3) of Schedule 3
Omit "improvement".
31 Subclause 38(5) of Schedule 3 (heading)
Repeal the heading, substitute:
Content of provisional OHS improvement notice
32 Subclause 38(8) of Schedule 3 (heading)
Repeal the heading, substitute:
Copy of provisional OHS improvement notice
33 Clause 39 of Schedule 3 (heading)
Repeal the heading, substitute:
39 Provisional OHS improvement notices--effect
34 Clause 78 of Schedule 3 (heading)
Omit " improvement notices ", substitute " OHS improvement notices ".
35 Subclause 78(1) of Schedule 3
Omit "an improvement notice", substitute "a notice (an OHS improvement notice )".
36 Clauses 78A and 78B of Schedule 3 (headings)
Omit " improvement notices ", substitute " OHS improvement notices ".
37 Subclause 80A(1) of Schedule 3 (table items 1 and 2)
Omit "provisional improvement notice" (wherever occurring), substitute "provisional OHS improvement notice".
38 Subclause 81(4) of Schedule 3 (heading)
Omit " improvement notices ", substitute " OHS improvement notices ".
39 Amendments of listed provisions--OHS improvement notices
Omit "improvement notice" and substitute "OHS improvement notice" in the following provisions:
(a) subparagraph 602E(2)(b)(iii);
(b) subclause 39(8) of Schedule 3;
(c) clause 47 of Schedule 3;
(d) subclauses 78A(1) and 78B(1) of Schedule 3;
(e) paragraph 80A(1)(b) of Schedule 3;
(f) item 8 of the table in subclause 80A(1) of Schedule 3;
(g) subclause 81(4) of Schedule 3 (note);
(h) subclause 81(5) of Schedule 3.
40 Application
The Offshore Petroleum and Greenhouse Gas Storage Act 2006 , as amended by Divisions 1 to 4 of this Part, applies on and after the commencement of this Part 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.
Part 2 -- Publication of prohibition and improvement notices
Offshore Petroleum and Greenhouse Gas Storage Act 2006
41 At the end of Division 2 of Part 2 of Schedule 2A
Add:
(1) NOPSEMA must publish on its website an environmental prohibition notice or an environmental improvement notice within 21 days after the notice is issued.
(2) However, NOPSEMA must not publish the notice if it is aware that the decision to issue a notice is the subject of an application for review by a court.
(3) If the notice is published on the NOPSEMA website and the decision to issue the notice is, or becomes, the subject of an application for review by a court, NOPSEMA must remove the notice from the website as soon as practicable after becoming aware of the application.
(4) If all rights for judicial review (including any right of appeal) in relation to the decision to issue the notice have been exhausted, and the decision to issue the notice has been upheld, NOPSEMA must publish the notice on its website within 21 days after becoming aware that the rights have been exhausted.
(5) If a notice contains personal information (within the meaning of the Privacy Act 1988 ), NOPSEMA must take such steps as are reasonable in the circumstances to ensure that the information is de - identified before the notice is published.
(6) Personal information is de - identified if the information is no longer about an identifiable individual or an individual who is reasonably identifiable.
42 At the end of subclause 77(1) of Schedule 3
Add:
Note: The notice will be published on NOPSEMA's website (see clause 80AA).
43 At the end of subclause 78(1) of Schedule 3
Add:
Note: The notice will be published on NOPSEMA's website (see clause 80AA).
44 At the end of Division 3 of Part 4 of Schedule 3
Add:
80AA OHS inspections--publishing OHS prohibition notices and OHS improvement notices
(1) NOPSEMA must publish on its website an OHS prohibition notice or an OHS improvement notice within 21 days after the notice is issued.
(2) However, NOPSEMA must not publish the notice if it is aware that the decision to issue the notice is the subject of an application for an appeal to the reviewing authority or review by a court.
(3) If the notice is published on the NOPSEMA website and the decision to issue the notice is, or becomes, the subject of an application for an appeal to the reviewing authority or review by a court, NOPSEMA must remove the notice from the website as soon as practicable after becoming aware of the application.
(4) Subject to subsection ( 5), NOPSEMA must publish the notice on its website within 21 days after becoming aware that the decision to issue the notice has been affirmed or upheld and all appeal and review rights in relation to that decision have been exhausted.
(5) If the reviewing authority revokes the decision to issue the notice, and substitutes its own decision to issue a notice (the substituted notice ), NOPSEMA must publish the substituted notice on its website within 21 days after becoming aware that all appeal and review rights in relation to the decision to issue the substituted notice have been exhausted.
(6) If the notice contains personal information (within the meaning of the Privacy Act 1988 ), NOPSEMA must take such steps as are reasonable in the circumstances to ensure that the information is de - identified before the notice is published.
(7) Personal information is de - identified if the information is no longer about an identifiable individual or an individual who is reasonably identifiable.
45 Application
The amendments of the Offshore Petroleum and Greenhouse Gas Storage Act 2006 made by Division 1 of this Part apply in relation to notices issued on or after the commencement of this Part.