Document ID: chunk:federal_register_of_legislation:F2023L00998:reg:52
Version: federal_register_of_legislation:F2023L00998
Segment Type: reg
Provision Reference: reg 52
Character Range: 82773–85403

52  Storage of records

Environment plan
 (1) A titleholder must store an environment plan for an activity under the title, in a way that makes retrieval of the environment plan reasonably practicable, during the following periods:
 (a) when the environment plan is in force for the activity;
 (b) for 5 years beginning on the day that the environment plan ceases to be in force for the activity.
 (2) A titleholder commits an offence of strict liability if the titleholder does not comply with subsection (1).
Penalty: 30 penalty units.

Records and reports required under provisions of this instrument
 (3) A titleholder must store the following documents, in a way that makes retrieval of the document reasonably practicable, for a period of 5 years beginning on the day the document is given or submitted to NOPSEMA:
 (a) a written record of a notification by the titleholder under section 47;
 (b) a written report given or submitted by the titleholder under section 48, 49, 50 or 51.
 (4) A titleholder commits an offence of strict liability if the titleholder does not comply with subsection (3).
Penalty: 30 penalty units.

Other records and reports
 (5) A titleholder commits an offence of strict liability if the titleholder:
 (a) creates a record or report mentioned in subsection (7); and
 (b) either:
 (i) does not store the record or report; or
 (ii) stores the record or report in a way that does not make retrieval of the record or report reasonably practicable.
Penalty: 30 penalty units.
 (6) Subsection (5) does not apply if the failure to store the record or report, or failure to store it in a way that makes retrieval reasonably practicable, occurs more than 5 years after the day that the record or report was created.
Note: A defendant bears an evidential burden in relation to the matter in subsection (6) (see subsection 13.3(3) of the Criminal Code).
 (7) For the purposes of paragraph (5)(a), the records and reports are the following:
 (a) records relating to environmental performance, or the implementation strategy, under the environment plan in force for an activity under the title;
 (b) records of emissions and discharges into the environment made in accordance with the environment plan in force for an activity under the title;
 (c) records of calibration and maintenance of monitoring devices used in accordance with the environment plan in force for an activity under the title;
 (d) written reports (including monitoring, audit and review reports) about environmental performance, or about the implementation strategy, under the environment plan in force for an activity under the title.