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s 4

Petroleum environmental inspections—offshore petroleum premises

In force
Schedule 2APetroleum environmental laws: additional NOPSEMA inspection powers
Part 2Petroleum environmental inspections
Division 1Petroleum environmental inspections: general provisions

4 Petroleum environmental inspections—offshore petroleum premises

Power to enter and search

(1)

A NOPSEMA inspector may, for the purposes of a petroleum environmental inspection, at any reasonable time during the day or night:

(a)

enter offshore petroleum premises at which activities to which the inspection relates are being, or have been, carried on, and do any or all of the following:

(i)

search the premises;

(ii)

inspect, examine or measure, or conduct tests concerning, the premises (including any part of the premises and any plant, substance or thing at the premises);

(iii)

take photographs of, make video recordings of, or make sketches of, the premises (including any part of the premises and any plant, substance or thing at the premises);

(iv)

inspect, take extracts from, or make copies of, any documents at the premises that the inspector is satisfied on reasonable grounds relate, or are likely to relate, to the subject matter of the inspection; and

(b)

inspect the seabed and subsoil in the vicinity of the offshore petroleum premises to which the inspection relates.

Notification of entry

(2)

Immediately on entering the offshore petroleum premises for the purposes of the inspection, a NOPSEMA inspector must take reasonable steps to notify the purpose of the entry to the following person (the occupier):

(a)

if the premises are a vessel under the command or charge of a master—the master;

(b)

if paragraph (a) does not apply:

(i)

the titleholder’s representative at the premises who is nominated for the inspection; or

(ii)

if there is no titleholder’s representative at the premises—the person at the premises who appears to be in overall control of the premises.

(3)

The inspector must, on being requested to do so by the occupier, produce for inspection by the occupier:

(a)

the inspector’s identity card; and

(b)

a copy of NOPSEMA’s written direction (if any) to conduct the inspection; and

(c)

a copy of any directions given by the CEO under section 602A in relation to the exercise of the inspector’s powers.

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