Document ID: chunk:federal_register_of_legislation:C2024C00828:clause:2a_3
Version: federal_register_of_legislation:C2024C00828
Segment Type: clause
Provision Reference: sch 2A cl 3
Character Range: 2070909–2073899

3  Environmental inspections—nature of inspections

What is an environmental inspection?
 (1) An environmental inspection is an inspection under this Part. Such an inspection:
 (a) includes an investigation or inquiry; and
 (b) need not include a physical inspection of any premises or thing.

Inspections—general power
 (2) A NOPSEMA inspector may, at any time, conduct an environmental inspection:
 (a) to determine whether an environmental management law has been, or is being, complied with; or
 (b) to determine whether information given in compliance, or purported compliance, with an environmental management law is correct.
The inspection may be conducted at the inspector's own initiative or in compliance with a direction under subclause (3).
 (2A) If there is a declared oil pollution emergency, a NOPSEMA inspector may conduct an environmental inspection to determine either or both of the following:
 (a) whether the oil pollution emergency provisions of a declared environment plan have been, or are being, complied with;
 (b) whether a significant incident direction has been, or is being, complied with.
 (2B) An environmental inspection under subclause (2A) is to be known as an oil pollution environmental inspection.
 (2C) An oil pollution environmental inspection may be conducted:
 (a) at the inspector's own initiative; or
 (b) in compliance with a direction under subclause (5).
 (2D) Subclause (2A) does not limit subclause (2).
 (2E) An oil pollution environmental inspection may be conducted concurrently with an inspection under subclause (2).
 (2F) For the purposes of this Schedule, if:
 (a) an oil pollution environmental inspection is conducted wholly or partly to determine whether the oil pollution emergency provisions of a declared environment plan have been, or are being, complied with; and
 (b) the declared environment plan relates to one or more of the petroleum activities of the registered holder of a petroleum title;
the oil pollution environmental inspection is taken to relate to the title.
 (2G) For the purposes of this Schedule, if:
 (a) an oil pollution environmental inspection is conducted wholly or partly to determine whether a significant incident direction has been, or is being, complied with; and
 (b) the significant incident direction was given to the registered holder of a petroleum title;
the oil pollution environmental inspection is taken to relate to the title.

Inspections—directed by NOPSEMA
 (3) NOPSEMA may give a written direction to a NOPSEMA inspector to conduct an environmental inspection under subclause (2).
 (4) The NOPSEMA inspector must conduct an environmental inspection under subclause (2) as directed under subclause (3).
 (5) If there is a declared oil pollution emergency, NOPSEMA may give a written direction to a NOPSEMA inspector to conduct an oil pollution environmental inspection.
 (6) The NOPSEMA inspector must conduct an oil pollution environmental inspection as directed under subclause (5).