Document ID: chunk:federal_register_of_legislation:F2023L00998:reg:47
Version: federal_register_of_legislation:F2023L00998
Segment Type: reg
Provision Reference: reg 47
Character Range: 76056–77818

47  Notifying 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 notify NOPSEMA of the reportable incident in accordance with subsection (2).
Penalty: 40 penalty units.
 (2) For the purposes of paragraph (1)(c), the notification:
 (a) must be given as soon as practicable, and in any case not later than 2 hours, after:
 (i) the first occurrence of the reportable incident; or
 (ii) if the reportable incident was not detected by the titleholder at the time of the first occurrence—the time the titleholder becomes aware of the reportable incident; and
 (b) must be oral; and
 (c) 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.
 (3) As soon as practicable after the titleholder notifies a reportable incident, the titleholder must give a written record of the notification to:
 (a) NOPSEMA; and
 (b) the Titles Administrator; and
 (c) if the incident occurred in the offshore area of a State—the Department of the responsible State Minister; and
 (d) if the incident occurred in the Principal Northern Territory offshore area—the Department of the responsible Northern Territory Minister.
 (4) The titleholder is not required to include in the record anything that was not included in the notification.