Petroleum (Submerged Lands) Act 1982

This section applies if—

a health and safety representative for a designated work group believes, on reasonable grounds, that a person—

is contravening a provision of a listed OHS law; or

has contravened a provision of a listed OHS law and is likely to contravene that provision again; and

the contravention affects or may affect 1 or more group members.

The representative must consult with the person supervising the relevant activity in an attempt to reach agreement on rectifying the contravention or preventing the likely contravention.

If, in the health and safety representative’s opinion, agreement is not reached within a reasonable time, the health and safety representative may issue a provisional improvement notice to any or all of the persons (each of whom is a responsible person) responsible for the contravention.

If a responsible person is the operator, the improvement notice may be issued to the operator by giving it to the operator’s representative at the facility.

If it is not practicable to issue the notice to a responsible person, other than the operator or the supervisor, by giving it to the responsible person—

the notice may be issued to the responsible person by giving it to the person who for the time being is, or may reasonably be presumed to be, on behalf of the responsible person, in charge of the activity to which the notice relates; and

if the notice is issued under paragraph (a), a copy of the notice must be given to the responsible person as soon as practicable afterwards.

The notice must—

state the contravention that, in the health and safety representative’s opinion, is occurring or is likely to occur, and state the reasons for the opinion; and

state a period within which the responsible person is to take action necessary to prevent any further contravention or to prevent the likely contravention, as the case may be.

The period stated in the notice under subsection (6)(b) must be a period that—

is not less than 7 days beginning on the day after the notice is issued; and

is, in the representative’s opinion, reasonable.

The notice may state action the responsible person is to take during the period stated in the notice.

If, in the health and safety representative’s opinion, it is appropriate to do so, the representative may, in writing and before the end of the period, extend the period stated in the notice.

On issuing the notice, the health and safety representative must give a copy of the notice to each of the following persons—

if the operator is not a responsible person—the operator;

each work group employer, other than a work group employer who is a responsible person;

if the supervisor is not a responsible person—the supervisor;

if the notice relates to any plant, substance or thing owned by a person other than a responsible person or a person to whom a copy of the notice is given under paragraph (a), (b) or (c)—the owner.