Document ID: chunk:federal_register_of_legislation:C2024C00828:clause:2a_5:p1
Version: federal_register_of_legislation:C2024C00828
Segment Type: clause
Provision Reference: sch 2A cl 5 (pt 1/2)
Character Range: 2076390–2079249

5  Environmental inspections—regulated business premises

Power to enter and search
 (1) A NOPSEMA inspector may, for the purposes of an environmental inspection (other than an oil pollution environmental inspection):
 (a) at any reasonable time, enter any regulated business premises if the inspector is satisfied on reasonable grounds that there are likely to be at those premises plant, substances, documents or things that relate to:
 (i) operations conducted for the purposes of a petroleum title or a greenhouse gas title; or
 (ii) compliance or non‑compliance with an environmental management law; and
 (b) search those premises for any such plant, substances, documents or things at those premises; and
 (c) inspect, take extracts from, or make copies of, any such documents at those premises; and
 (d) inspect, examine or measure, or conduct tests concerning:
 (i) those premises (including any part of those premises); or
 (ii) any such plant, substances or things at those premises; and
 (e) take photographs of, make video recordings of, or make sketches of:
 (i) those premises (including any part of those premises); or
 (ii) any such plant, substances or things at those premises; and
 (f) exercise the powers conferred by clause 8 in relation to the inspection; and
 (g) exercise the powers conferred by clause 9 in relation to the inspection.
 (1A) If there is a declared oil pollution emergency, a NOPSEMA inspector may, for the purposes of an oil pollution environmental inspection:
 (a) at any reasonable time, enter any regulated business premises if the inspector is satisfied on reasonable grounds that there are likely to be at those premises plant, substances, documents or things that relate to compliance or non‑compliance with:
 (i) the oil pollution emergency provisions of a declared environment plan; or
 (ii) a significant incident direction; and
 (b) search those premises for any such plant, substances, documents or things at those premises; and
 (c) inspect, take extracts from, or make copies of, any such documents at those premises; and
 (d) inspect, examine or measure, or conduct tests concerning, any such plant, substances or things at those premises; and
 (e) take photographs of, make video recordings of, or make sketches of, any such plant, substances or things at those premises; and
 (f) exercise the powers conferred by clause 8 in relation to the inspection; and
 (g) exercise the powers conferred by clause 9 in relation to the inspection.

Notification of entry
 (2) Immediately on entering regulated business premises for the purposes of an inspection, a NOPSEMA inspector must take reasonable steps to notify the purpose of the entry to:
 (a) in the case of an inspection at regulated business premises that are occupied by the titleholder—a person representing the titleholder; or
 (b) in the case of an