Document ID: chunk:federal_register_of_legislation:C2024C00828:clause:2a_2a:p1
Version: federal_register_of_legislation:C2024C00828
Segment Type: clause
Provision Reference: sch 2A cl 2A (pt 1/3)
Character Range: 2062899–2065592

2A  Declared oil pollution emergency

Declaration
 (1) If the CEO is satisfied that:
 (a) there is an emergency, including an emergency to which a national emergency declaration (within the meaning of the National Emergency Declaration Act 2020) relates, that has resulted in, or may result in, oil pollution; and
 (b) the emergency is attributable to one or more petroleum activities of a petroleum titleholder; and
 (c) either:
 (i) there is a single environment plan that is, or may be, relevant to the emergency; or
 (ii) there are 2 or more environment plans that are, or may be, relevant to the emergency;
the CEO may, by writing, declare:
 (d) that there is a declared oil pollution emergency for the purposes of this Schedule; and
 (e) if subparagraph (c)(i) applies—that the environment plan is a declared environment plan for the purposes of this Schedule; and
 (f) if subparagraph (c)(ii) applies—that each of those environment plans is a declared environment plan for the purposes of this Schedule.
 (2) NOPSEMA must:
 (a) publish a copy of a declaration under subclause (1) on NOPSEMA's website; and
 (b) do so as soon as practicable after the declaration is made.
 (3) NOPSEMA must:
 (a) give a copy of a declaration under subclause (1) to the Secretary; and
 (b) do so as soon as practicable after the declaration is made.
 (4) If a declaration under subclause (1) relates to an emergency that is attributable to one or more petroleum activities carried on in the offshore area of a State, NOPSEMA must:
 (a) give a copy of the declaration to the designated public official of the State; and
 (b) do so as soon as practicable after the declaration is made.
 (5) If a declaration under subclause (1) relates to an emergency that is attributable to one or more petroleum activities carried on in the Principal Northern Territory offshore area, NOPSEMA must:
 (a) give a copy of the declaration to the designated public official of the Northern Territory; and
 (b) do so as soon as practicable after the declaration is made.
 (6) If a declaration under subclause (1) relates to an emergency that is attributable to one or more petroleum activities carried on in the offshore area of a designated external Territory, NOPSEMA must:
 (a) give a copy of the declaration to the designated public official of the designated external Territory; and
 (b) do so as soon as practicable after the declaration is made.
 (7) If a declaration under subclause (1) relates to an emergency that is attributable to one or more petroleum activities of a petroleum titleholder, NOPSEMA must:
 (a) give a copy of the declaration to the petroleum titleholder; and
 (b) do so as soon as practicable after