Document ID: chunk:federal_register_of_legislation:C2014C00179:clause:2_11d
Version: federal_register_of_legislation:C2014C00179
Segment Type: clause
Provision Reference: sch 2 cl 11D
Character Range: 63013–65100

11D  Petroleum environmental inspections—environmental improvement notices (compliance and notification)

Scope
 (1) This clause applies if, in the course of a petroleum environmental inspection in relation to offshore petroleum premises, a NOPSEMA inspector issues an environmental improvement notice to a titleholder under clause 11C that concerns a contravention, or likely contravention, of a petroleum environmental law.

Duty of titleholder
 (2) The titleholder must ensure that the notice is complied with.

Offence
 (3) A person commits an offence if:
 (a) the person is subject to a requirement under subclause (2); and
 (b) the person omits to do an act; and
 (c) the omission breaches the requirement.
Penalty: 300 penalty units.

Civil penalty
 (4) A person is liable to a civil penalty if the person contravenes a requirement under subclause (2).
Civil penalty: 400 penalty units.

Notice to interested persons
 (5) As soon as practicable after issuing the notice, the NOPSEMA inspector must take reasonable steps to give a copy of the notice to the following persons:
 (a) if the premises are a facility—the operator's representative at the facility;
 (b) if the premises are a vessel under the command or charge of a master—the master;
 (c) if the premises are owned by a person other than the titleholder or operator—that owner.

Display of notice
 (6) The titleholder must cause a copy of the notice to be displayed in a prominent place at the premises.

Continuing offences and continuing contraventions of civil penalty provisions
 (7) The maximum penalty for each day that an offence under subclause (3) continues is 10% of the maximum penalty that can be imposed in respect of that offence.
Note: Subclause (3) is a continuing offence under section 4K of the Crimes Act 1914.
 (8) The maximum civil penalty for each day that a contravention of subclause (4) continues is 10% of the maximum civil penalty that can be imposed in respect of that contravention.
Note: Subclause (4) is a continuing civil penalty provision under section 96 of the Regulatory Powers Act.