Document ID: chunk:federal_register_of_legislation:C2011A00112:clause:2_646a:p1
Version: federal_register_of_legislation:C2011A00112
Segment Type: clause
Provision Reference: sch 2 cl 646A (pt 1/2)
Character Range: 103234–105990

646A  Limits on functions conferred on NOPSEMA
 (1) Section 646 does not authorise NOPSEMA to perform a function that is:
 (a) mentioned in a State functions provision; and
 (b) conferred by or under a particular State PSLA or the Territory PSLA;
unless:
 (c) the functions mentioned in paragraphs 646(b) and (gb) are conferred on NOPSEMA by or under the State PSLA or Territory PSLA, as the case may be; and
 (d) there are provisions of the State PSLA or Territory PSLA, as the case may be, that substantially correspond to Schedule 3 to this Act as in force:
 (i) at the commencement of this section; or
 (ii) at any later time; and
 (e) there are regulations under the State PSLA or Territory PSLA, as the case may be, that substantially correspond to the petroleum provisions of the Offshore Petroleum and Greenhouse Gas Storage (Safety) Regulations 2009 as in force:
 (i) at the commencement of this section; or
 (ii) at any later time; and
 (f) there are regulations under the State PSLA or Territory PSLA, as the case may be, that substantially correspond to the petroleum provisions of Part 5 of the Offshore Petroleum and Greenhouse Gas Storage (Resource Management and Administration) Regulations 2011 as in force:
 (i) at the commencement of this section; or
 (ii) at any later time; and
 (g) if the function mentioned in paragraph 646(gi) or (gj) is conferred on NOPSEMA by or under the State PSLA or Territory PSLA, as the case may be—there are regulations under the State PSLA or Territory PSLA, as the case may be, that substantially correspond to the petroleum provisions of the Offshore Petroleum and Greenhouse Gas Storage (Environment) Regulations 2009 as in force:
 (i) at the commencement of this section; or
 (ii) at any later time.
Note 1: For State functions provision, see subsection (3).
Note 2: For petroleum provisions, see subsection (4).
 (2) Subsection (1) does not apply to the performance of a function by NOPSEMA during the period of 12 months beginning on the commencement of this section.
 (3) For the purposes of this section, State functions provision means:
 (a) paragraph 646(b) to the extent to which it relates to occupational health and safety matters in connection with offshore petroleum operations; or
 (b) paragraph 646(gb) to the extent to which it relates to structural integrity in connection with:
 (i) the exploration for petroleum; or
 (ii) the recovery, processing, storage, offloading or piped conveyance of petroleum; or
 (c) paragraph 646(gi); or
 (d) paragraph 646(gj).
 (4) For the purposes of this section, petroleum provisions means provisions to the extent to which they relate to:
 (a) the exploration for petroleum; or
 (b) the recovery, processing, storage, offloading or piped conveyance of