Document ID: chunk:federal_register_of_legislation:C2024C00828:clause:2a_9:p1
Version: federal_register_of_legislation:C2024C00828
Segment Type: clause
Provision Reference: sch 2A cl 9 (pt 1/2)
Character Range: 2095255–2098085

9  Environmental inspections—power to take possession of plant and samples etc.

Power to take possession or samples
 (1) In conducting an environmental inspection in relation to a petroleum title or a greenhouse gas 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 premises, or regulated business 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) if the premises are offshore premises:
 (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;
 (ca) if the premises are regulated business premises that are occupied by the titleholder—a person who represents the titleholder;
 (cb) if the premises are regulated business premises that are occupied by a related body corporate of the titleholder—a person who represents the related body corporate;
 (cc) if the premises are regulated business premises that are occupied by a person covered by subparagraph (c)(ii) of the definition of regulated business premises in clause 2—a person who represents the person;
 (cd) if the premises are regulated business premises that are occupied by a person covered by subparagraph (d)(ii) of the definition of regulated business premises in clause 2—a person who represents the person;
 (d) if the plant, substance or thing is owned by a person other than a person mentioned in paragraph (a), (b), (c), (ca), (cb), (cc) or (cd)—that owner.

Display of notice
 (3) If the notice relates to offshore premises, 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.
 (3A) If the notice relates to regulated business premises, the following person must cause the notice to be displayed in a prominent place at the premises:
 (a) if the premises are occupied