Document ID: chunk:federal_register_of_legislation:C2014C00179:clause:2_11a:p1
Version: federal_register_of_legislation:C2014C00179
Segment Type: clause
Provision Reference: sch 2 cl 11A (pt 1/2)
Character Range: 55651–58407

11A  Petroleum environmental inspections—environmental prohibition 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 prohibition notice) to a titleholder, in writing, under this clause if, in conducting the inspection, the inspector is satisfied on reasonable grounds that:
 (a) one or more of the following is the case:
 (i) an activity is occurring at the premises that involves an immediate and significant threat to the environment;
 (ii) an activity may occur at the premises that, if it occurred, would involve an immediate and significant threat to the environment;
 (iii) the operation or use of the premises involves an immediate and significant threat to the environment;
 (iv) the operation or use of the premises, if it occurred, would involve an immediate and significant threat to the environment; and
 (b) it is reasonably necessary to issue the notice in order to remove the threat.
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 circumstance mentioned in paragraph (2)(a) applies, and set out those grounds; and
 (b) specify the activity at the premises, or the operation or use of the premises, that involves a threat to the environment; and
 (c) specify the threat to the environment, and describe the environment that is subject to the threat; and
 (d) direct the titleholder to ensure:
 (i) that the activity is not conducted; or
 (ii) that the activity is not conducted in a specified manner; or
 (iii) that the premises are not operated or used; or
 (iv) that the premises are not operated or used in a specified manner.
 (5) The notice may specify action that may be taken to satisfy a NOPSEMA inspector that adequate action has been taken to remove the threat to the environment.

Offence
 (6) A person commits an offence if:
 (a) the person is subject to an environmental prohibition notice; and
 (b) the person omits to do an act; and
 (c) the omission breaches the notice.
Penalty: 600 penalty units.

Continuing offences
 (7) A person who commits an offence against subclause (6) commits a separate offence in respect of each day (including a day of a conviction for the offence or any later day) during which the offence continues.