Document ID: chunk:federal_register_of_legislation:F2024L01588:reg:6:p11
Version: federal_register_of_legislation:F2024L01588
Segment Type: reg
Provision Reference: reg 6 (pt 11/28)
Character Range: 180761–183481

(1), (2), (3) or (4).
Penalty: 100 penalty units.

Civil penalty provision
 (6) A person is liable to a civil penalty if the person contravenes subsection (1), (2), (3) or (4).
Civil penalty: 1,000 penalty units.

4.16  Contents of diving project plan
 (1) A diving project plan for a diving project must set out in detail the following matters:
 (a) a description of the work to be done;
 (b) a list of the Commonwealth, and State or Territory, legislation (including this instrument) that is reasonably likely to apply to the diving project;
 (c) a list of standards and codes of practice that will be applied in carrying out the diving project;
 (d) a hazard identification;
 (e) a risk assessment;
 (f) a safety management plan;
 (g) job hazard analyses for the diving operations making up the diving project;
 (h) an emergency response plan;
 (i) the provisions of the accepted DSMS for the diving project, and the safety case, that are relevant to the diving project, in particular the arrangements in the DSMS and safety case for simultaneous operations and emergency response;
 (j) details of consultation with, and participation of, divers and other members of the workforce working on the diving project.
 (2) The diving project plan must describe each diving operation included in the diving project.
 (3) The diving project plan must not specify as a diving operation a task that is too complex, or too big, to be supervised safely by one diving supervisor.
 (4) The diving project plan must provide for adequate communications between persons undertaking the diving project and any relevant:
 (a) contractor; and
 (b) facility; and
 (c) vessel or aircraft; and
 (d) on‑shore installation.

4.17  No diving without approved or accepted diving project plan
 (1) A diving contractor for a diving project must not allow a person to dive on the diving project if:
 (a) there is no diving project plan for the diving project; or
 (b) if there is an operator of the facility in connection with the diving project—the diving project plan, or the updated project plan, for the diving project has not been approved by the operator in accordance with subsection 4.12(3) or 4.15(3), as appropriate; or
 (c) if there is no operator of the facility in connection with the diving project—the diving project plan, or the updated project plan, for the diving project has not been accepted by NOPSEMA in accordance with subsection 4.13(3) or 4.15(4), as appropriate; or
 (d) if, under section 4.14, NOPSEMA has asked the operator of the facility in connection with the diving project for a copy of the diving project plan—the operator has not given a copy of the plan to NOPSEMA before the diving commences.

Strict liability