Document ID: chunk:federal_register_of_legislation:C2019A00092:clause:2b_9:p1
Version: federal_register_of_legislation:C2019A00092
Segment Type: clause
Provision Reference: sch 2B cl 9 (pt 1/2)
Character Range: 162360–165123

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

Power to take possession or samples
 (1) In conducting a well integrity inspection in relation to a 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 a facility, or regulated business premises, in connection with the inspection:
 (a) take possession of the plant, substance or thing and remove it from the facility or premises; or
 (b) take a sample of the substance or thing and remove that sample from the facility or 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) in the case of a facility:
 (i) the titleholder's representative at the facility who is nominated for the inspection; or
 (ii) if there is no titleholder's representative at the facility—the titleholder;
 (b) in the case of a facility—the operator's representative at the facility;
 (c) in the case of regulated business premises that are occupied by the titleholder—a person who represents the titleholder;
 (d) in the case of regulated business premises that are occupied by a related body corporate of the titleholder—a person who represents the related body corporate;
 (e) in the case of 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;
 (f) in the case of 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;
 (g) if the plant, substance or thing is owned by a person other than a person mentioned in paragraph (a), (b), (c), (d), (e) or (f)—that owner.

Display of notice
 (3) If the notice relates to a facility, the operator's representative at the facility must cause the notice to be displayed in a prominent place at the facility.
 (4) 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 by the titleholder—the titleholder;
 (b) if the premises are occupied by a related body corporate of the titleholder—a person who represents the related body corporate;
 (c) if the premises are occupied by a person covered by subparagraph (c)(ii) of the definition of regulated business premises in clause 2—a person who represents