Document ID: chunk:federal_register_of_legislation:C2019A00092:clause:2b_12
Version: federal_register_of_legislation:C2019A00092
Segment Type: clause
Provision Reference: sch 2B cl 12
Character Range: 168811–171364

12  Well integrity inspections—well integrity prohibition notices (issue)

Scope
 (1) This clause applies if a NOPSEMA inspector is conducting a well integrity inspection in relation to a facility.

When notice may be issued
 (2) A NOPSEMA inspector may issue a notice (a well integrity prohibition notice) to a titleholder, in writing, under this clause if, in conducting the inspection, the inspector is satisfied on reasonable grounds that:
 (a) either or both of the following is the case:
 (i) an activity is occurring at the facility that involves an immediate and significant threat to the integrity of a well;
 (ii) an activity may occur at the facility that, if it occurred, would involve an immediate and significant threat to the integrity of a well; and
 (b) it is reasonably necessary to issue the notice in order to remove the threat.
Note: The notice will be published on NOPSEMA's website (see clause 17).

How notice may be issued
 (3) Without limiting the way in which the notice may be issued, the notice may be issued to the titleholder by being given to the titleholder's representative at the facility who is nominated for the inspection.

Contents of notice
 (4) The notice must:
 (a) state that the inspector is satisfied on reasonable grounds that a specified circumstance mentioned in paragraph (2)(a) applies, and set out those grounds; and
 (b) if subparagraph (2)(a)(i) applies—specify the activity mentioned in that subparagraph; and
 (c) if subparagraph (2)(a)(ii) applies—specify the activity mentioned in that subparagraph; and
 (d) specify the threat to the integrity of a well; and
 (e) direct the titleholder to ensure:
 (i) that the activity is not conducted; or
 (ii) that the activity is not conducted in a specified manner.
 (5) The notice may specify action that may be taken to satisfy a NOPSEMA inspector that adequate action has been taken to remove the threat to the integrity of a well.

Offence
 (6) A person commits an offence if:
 (a) the person is subject to a well integrity prohibition notice; and
 (b) the person omits to do an act; and
 (c) the omission breaches the notice.
Penalty: 600 penalty units.

Continuing offences
 (7) A person who commits an offence against subclause (6) commits a separate offence in respect of each day (including a day of a conviction for the offence or any later day) during which the offence continues.
 (8) The maximum penalty for each day that an offence under subclause (6) continues is 10% of the maximum penalty that can be imposed in respect of that offence.