Document ID: chunk:federal_register_of_legislation:F2025C00027:clause:1_173a
Version: federal_register_of_legislation:F2025C00027
Segment Type: clause
Provision Reference: sch 1 cl 173A
Character Range: 273850–275777

173A  Start‑up notice
 (1) The holder of an OEI licence must give the regulator a start‑up notice for a diving project connected with the licence:
 (a) at least 28 days before the day when diving is to begin; or
 (b) on another day agreed between the regulator and the OEI licence holder.
Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.
Penalty: The tier D monetary penalty.
 (2) A person conducting a business or undertaking must not direct or allow diving work included in a diving project to be carried out at a workplace unless a start‑up notice for the project has been given to the regulator.
Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.
Penalty: The tier D monetary penalty.
 (3) In this regulation:
start‑up notice for a diving project connected with an OEI licence means a written notice, signed by or for the OEI licence holder, dated and containing the following information:
 (a) the name, address and telephone number of the OEI licence holder;
 (b) the name, address and telephone number of a person who is authorised to represent the OEI licence holder and who can be contacted by the regulator at any time during the project;
 (c) the date when diving is expected to begin;
 (d) the expected duration of the project;
 (e) the location of the project;
 (f) the depth to which divers will dive;
 (g) the purpose of the diving project;
 (h) the estimated number of workers to be engaged in the project;
 (i) the breathing mixture to be used;
 (j) details that allow the regulator to identify the approved diving project plan for the project.

Division 8—Diving operations