Document ID: chunk:federal_register_of_legislation:C2024C00828:clause:2a_11b
Version: federal_register_of_legislation:C2024C00828
Segment Type: clause
Provision Reference: sch 2A cl 11B
Character Range: 2107223–2109743

11B  Environmental inspections—environmental prohibition notices (notification)

Scope
 (1) This clause applies if a NOPSEMA inspector issues an environmental prohibition notice to a titleholder under clause 11A that concerns a threat to the environment in relation to:
 (a) an activity at offshore premises; or
 (b) the operation or use of offshore premises.

Notice to interested persons
 (2) As soon as practicable after issuing the notice, the NOPSEMA inspector must take reasonable steps to give a copy of the notice to the following persons:
 (a) if the premises are a facility—the operator's representative at the facility;
 (b) if the premises are a vessel under the command or charge of a master—the master;
 (c) if the premises are (or the relevant plant, equipment, substance or thing is) owned by a person other than the titleholder or operator—that owner.

Display of notice
 (3) The titleholder must cause a copy of the notice to be displayed in a prominent place at the premises.

Inadequate action in response to notice
 (4) If a NOPSEMA inspector is satisfied that action taken by the titleholder to remove the threat to the environment is not adequate, the inspector must inform the titleholder accordingly.
 (5) In making a decision under subclause (4), a NOPSEMA inspector may exercise such of the powers of a NOPSEMA inspector conducting an environmental inspection as the inspector considers necessary for the purposes of making the decision.

When notice ceases to have effect
 (6) The notice ceases to have effect in relation to a titleholder when a NOPSEMA inspector notifies the titleholder that the inspector is satisfied that the titleholder, or another person, has taken adequate action to remove the threat to the environment.

Modified operation of this clause in relation to an oil pollution environmental inspection
 (6A) 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 a threat to the environment were, by express provision, confined to a threat that is attributable to one or more petroleum activities of a petroleum titleholder.

Definition
 (7) In this clause:
premises, in relation to offshore premises, includes:
 (a) a particular part of the premises; and
 (b) particular plant or equipment, or a particular substance or thing, at the premises.