Document ID: chunk:federal_register_of_legislation:C2024C00828:section:646a:p1
Version: federal_register_of_legislation:C2024C00828
Segment Type: section
Provision Reference: s 646A (pt 1/5)
Character Range: 1763991–1766776

646A  Limits on functions conferred on NOPSEMA

Constitutional limits—waters within the limits of a State or Territory
 (1A) A State PSLA or the Territory PSLA must not confer functions on NOPSEMA in connection with operations in waters of the sea within the limits of the State or Territory unless:
 (a) the operations are carried on by a constitutional corporation; or
 (b) the operations relate to vessels, structures or other things that are owned or controlled, or that are being constructed, operated or decommissioned, by a constitutional corporation.
 (1B) A State PSLA or the Territory PSLA must not confer functions on NOPSEMA in relation to the structural integrity of facilities, wells or well‑related equipment located in waters of the sea within the limits of the State or Territory unless the facilities, wells or well‑related equipment:
 (a) are owned or controlled by a constitutional corporation; or
 (b) are being constructed, operated or decommissioned, by a constitutional corporation.

Limits on petroleum functions
 (1) Section 646 does not authorise NOPSEMA to perform a function that is:
 (a) mentioned in a State petroleum functions provision; and
 (b) conferred by or under a particular State PSLA or the Territory PSLA;
unless:
 (c) the functions mentioned in paragraph 646(b), to the extent to which it relates to occupational health and safety matters in connection with offshore petroleum operations, are conferred on NOPSEMA by or under the State PSLA or Territory PSLA, as the case may be; and
 (ca) the functions mentioned in paragraph 646(gb), to the extent to which it relates to structural integrity in connection with:
 (i) the exploration for petroleum; or
 (ii) the recovery, processing, storage, offloading or piped conveyance of petroleum;
  are conferred on NOPSEMA by or under the State PSLA or Territory PSLA, as the case may be; and
 (d) there are provisions of the State PSLA or Territory PSLA, as the case may be, that substantially correspond to Schedule 3 to this Act as in force:
 (i) at the commencement of this section; or
 (ii) at any later time; and
 (e) there are regulations under the State PSLA or Territory PSLA, as the case may be, that substantially correspond to the petroleum provisions of any of the following:
 (i) the Offshore Petroleum and Greenhouse Gas Storage (Safety) Regulations 2009 as those regulations were in force on 1 January 2012 or at any later time;
 (ii) any prescribed regulations made under this Act, as those prescribed regulations are in force at any time;
 (iii) any prescribed provision of regulations made under this Act, as that prescribed provision is in force at any time; and
 (f) there are regulations under the State PSLA or Territory PSLA, as the case may be, that substantially correspond