Document ID: chunk:federal_register_of_legislation:C2024C00828:clause:2a_11c:p1
Version: federal_register_of_legislation:C2024C00828
Segment Type: clause
Provision Reference: sch 2A cl 11C (pt 1/2)
Character Range: 2109743–2112532

11C  Environmental inspections—environmental improvement notices (issue)

Scope
 (1) This clause applies if a NOPSEMA inspector is conducting an environmental inspection in relation to offshore premises.

When notice may be issued
 (2) A NOPSEMA inspector may issue a notice (an environmental improvement notice) to a titleholder, in writing, under this clause if, in conducting the inspection, the inspector is satisfied on reasonable grounds that:
 (a) the titleholder:
 (i) is contravening a provision of an environmental management law; or
 (ii) has contravened a provision of an environmental management law and is likely to contravene that provision again; and
 (b) as a result, there is, or may be, a significant threat to the environment.
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 contravention of an environmental management law is occurring, or has occurred and is likely to occur again, and set out those grounds; and
 (b) state that the inspector is satisfied on reasonable grounds that as a result of that contravention, there is, or may be, a significant threat to the environment, and set out those grounds; and
 (c) specify the threat to the environment, and describe the environment that is subject to the threat; and
 (d) specify action that the inspector is satisfied on reasonable grounds is required to be taken by the titleholder to remove the threat; and
 (e) specify a period within which the titleholder is to take the action.

Period of notice and action to be taken
 (5) The period specified in the notice must be reasonable.
 (6) If the NOPSEMA inspector is satisfied on reasonable grounds that it is appropriate to do so, the NOPSEMA inspector may, in writing and before the end of the period, extend the period specified in the notice.

Modified operation of this clause in relation to an oil pollution environmental inspection
 (7) 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; and
 (c) a reference in this clause to a threat to the environment were,