Offshore Petroleum and Greenhouse Gas Storage Amendment (Compliance Measures) Act 2013

This section provides for extended or alternative meanings of terms used in Part 2 or 3 of the Regulatory Powers Act in the application of that Part under this Division.

In that application (and without limiting its meaning under that Act) premises includes any vessel, structure or other thing located in an offshore area that is used, or that has been used, for the purposes of either of the following (within the meaning of Part 6.9):

offshore petroleum operations;

offshore greenhouse gas storage operations.

a facility (within the meaning of Schedule 3); and

an infrastructure facility (see section 15); and

a petroleum pipeline.

In that application, but only in relation to the exercise of powers by a NOPSEMA inspector at premises that are located in an offshore area, occupier means:

in the case of the exercise of powers at a facility in relation to a listed NOPSEMA law that is a listed OHS law—the operator’s representative at the facility (within the meaning of Schedule 3); or

if paragraph (a) does not apply, and the premises are a vessel under the command or charge of a master—the master; or

if paragraphs (a) and (b) do not apply, and the powers are exercised in relation to any listed NOPSEMA law that is a petroleum environmental law—the titleholder’s representative (if any) at the premises; or

if there is no occupier at the premises as provided under paragraph (a), (b) or (c)—the person at the premises who appears to be in overall control of the premises.

In the case of premises that are not located in an offshore area, occupier would have its ordinary meaning as applied under the Regulatory Powers Act.