Document ID: chunk:federal_register_of_legislation:F2023L00998:reg:48
Version: federal_register_of_legislation:F2023L00998
Segment Type: reg
Provision Reference: reg 48
Character Range: 77818–79554

48  Written report of reportable incidents
 (1) A titleholder commits an offence of strict liability if:
 (a) the titleholder undertakes an activity under the title; and
 (b) there is a reportable incident for the activity; and
 (c) the titleholder does not give NOPSEMA a written report of the reportable incident in accordance with subsection (2).
Penalty: 40 penalty units.
 (2) For the purposes of paragraph (1)(c), the report:
 (a) must be given as soon as practicable, and in any case:
 (i) not later than 3 days after the first occurrence of the reportable incident; or
 (ii) if NOPSEMA specifies, within 3 days after the first occurrence of the reportable incident, another period within which the report must be provided—within that period; and
 (b) must include:
 (i) all material facts and circumstances concerning the reportable incident that the titleholder knows or is able, by reasonable search or enquiry, to find out; and
 (ii) any action taken to avoid or mitigate any adverse environmental impacts of the reportable incident; and
 (iii) the corrective action that has been taken, or is proposed to be taken, to stop, control or remedy the reportable incident; and
 (iv) the action that has been taken, or is proposed to be taken, to prevent a similar incident occurring in the future.
 (3) Within 7 days after giving a written report of a reportable incident to NOPSEMA, the titleholder must give a copy of the report to:
 (a) the Titles Administrator; and
 (b) if the incident occurred in the offshore area of a State—the Department of the responsible State Minister; and
 (c) if the incident occurred in the Principal Northern Territory offshore area—the Department of the responsible Northern Territory Minister.