s 602K

NOPSEMA inspections—titleholder’s representative

In force

Scope

(1)

This section applies in relation to an inspection by a NOPSEMA inspector at offshore premises that is wholly or partly in relation to a titleholder’s compliance with the titleholder’s obligations.

Meaning of titleholder’s representative

(2)

For the purposes of this Act, a titleholder’s representative is a person nominated by the titleholder under this section who is present at the offshore premises in compliance with a requirement imposed on the titleholder by paragraph (5)(b).

Nomination of titleholder representative

(3)

For the purposes of an inspection, a NOPSEMA inspector may, by written notice to the titleholder, require the titleholder to nominate a representative to be present at offshore premises at the time stated in the notice.

(4)

Subsection (3) does not imply that, if the titleholder is an individual, the nominated representative of the titleholder may not be that individual.

(5)

The titleholder must:

(a)

by written notice to the NOPSEMA inspector, nominate a representative as required by the notice under subsection (3); and

(b)

take all reasonably practicable steps to ensure that the nominated representative is present at the offshore premises at the time stated in the notice, and remains at the offshore premises after the stated time until no longer required for the purposes of the inspection.

Offence

(6)

A person commits an offence of strict liability if:

(a)

the person is subject to a requirement under subsection (5); and

(b)

the person omits to do an act; and

(c)

the omission breaches the requirement.

Penalty: 50 penalty units.

Note:

For strict liability, see section 6.1 of the Criminal Code.

Civil penalty

(7)

A person who is subject to a requirement under subsection (5) must comply with the requirement.

Civil penalty: 135 penalty units.

Definitions

(8)

In this section:

greenhouse gas title means:

(a)

a greenhouse gas assessment permit; or

(b)

a greenhouse gas holding lease; or

(c)

a greenhouse gas injection licence.

inspection means:

(a)

an inspection under Part 2 or 3 of the Regulatory Powers Act, as applied by this Division; or

(b)

a petroleum environmental inspection under Schedule 2A; or

(c)

an OHS inspection under Part 4 of Schedule 3.

offshore premises means:

(a)

a facility; or

(b)

offshore petroleum premises within the meaning of Schedule 2A (which deals with inspections concerning petroleum environmental laws).

petroleum title: see section 600.

titleholder means the registered holder of:

(a)

a petroleum title; or

(b)

a greenhouse gas title.

titleholder’s obligations means the obligations of a titleholder to comply with:

(a)

for an inspection under Part 2 or 3 of the Regulatory Powers Act, as applied by this Division—a listed NOPSEMA law; or

(b)

for a petroleum environmental inspection under Schedule 2A—a petroleum environmental law; or

(c)

for an OHS inspection under Part 4 of Schedule 3:

(i)

clause 13A of Schedule 3 (petroleum titleholder duty of care); or

(ii)

Part 5 of the Offshore Petroleum and Greenhouse Gas Storage (Resource Management and Administration) Regulations 2011, to the extent that the Part relates to petroleum titles; or

(iii)

clause 13B of Schedule 3 (greenhouse gas titleholder duty of care).

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