Document ID: chunk:federal_register_of_legislation:C2024C00828:clause:2a_11d
Version: federal_register_of_legislation:C2024C00828
Segment Type: clause
Provision Reference: sch 2A cl 11D
Character Range: 2112662–2115361

11D  Environmental inspections—environmental improvement notices (compliance and notification)

Scope
 (1) This clause applies if, in the course of an environmental inspection in relation to offshore premises, a NOPSEMA inspector issues an environmental improvement notice to a titleholder under clause 11C that concerns a contravention, or likely contravention, of an environmental management 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. This rule does not apply in relation to an oil pollution environmental inspection.

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 93 of the Regulatory Powers Act.

Modified operation of this clause in relation to an oil pollution environmental inspection
 (9) If there is a declared oil pollution emergency, this clause has effect, in relation to an oil pollution environmental inspection, as if:
 (a) a reference in this clause to offshore premises included a reference to emergency response premises; and
 (b) a reference in this clause to an environmental management law included a reference to:
 (i) the oil pollution emergency provisions of a declared environment plan; and
 (ii) a significant incident direction.