Document ID: chunk:federal_register_of_legislation:C2024C00828:clause:2a_10
Version: federal_register_of_legislation:C2024C00828
Segment Type: clause
Provision Reference: sch 2A cl 10
Character Range: 2099919–2102480

10  Environmental do not disturb notices (general)

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

When a notice may be issued
 (2) A NOPSEMA inspector may, in connection with the conduct of the environmental inspection, issue a notice (an environmental do not disturb notice) to a titleholder, in writing, under this clause if the inspector is satisfied on reasonable grounds that it is reasonably necessary to issue the notice in order to allow the inspection, examination or measurement of, or the conducting of tests concerning:
 (a) the premises; or
 (b) particular plant, or a particular substance or thing, at the premises.

Issue of notice
 (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) direct the titleholder to take all reasonably practicable steps to ensure that one or more of the following are not disturbed for a period specified in the notice:
 (i) a particular part of the premises;
 (ii) particular plant, or a particular substance or thing, at the premises; and
 (b) set out the reasons for the inspector's decision to issue the notice.
 (5) The period specified in the notice must be a period that the inspector is satisfied on reasonable grounds is necessary in order to allow the inspection, examination, measuring or testing to take place.

Renewal of notice
 (6) The notice may be renewed by another notice in the same terms.

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 reference in this clause to offshore premises included a reference to emergency response premises.
 (6B) In the case of an oil pollution environmental inspection, a NOPSEMA inspector must not issue an environmental do not disturb notice in relation to emergency response premises of a particular kind unless the inspector considers that it is appropriate to issue such a notice in relation to premises of that kind.

Offence
 (7) A person commits an offence if:
 (a) the person is subject to an environmental do not disturb notice; and
 (b) the person omits to do an act; and
 (c) the omission breaches the notice.
Penalty for contravention of subclause (7): 300 penalty units.