Document ID: chunk:federal_register_of_legislation:C2014C00179:clause:2_11c
Version: federal_register_of_legislation:C2014C00179
Segment Type: clause
Provision Reference: sch 2 cl 11C
Character Range: 60828–63013

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.