Petroleum (Submerged Lands) Act 1982

An OHS inspector may issue an improvement notice, in writing, to a person (a responsible person) if, in conducting an inspection, the OHS inspector believes on reasonable grounds that the responsible 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.

If the 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 the responsible person is an employer, other than the operator, of members of the workforce, but it is not practicable to give the notice to the employer—

the improvement notice may be issued to the employer by giving it to the operator’s representative at the facility; and

if the notice is issued to the operator’s representative at the facility—the operator must ensure a copy of the notice is given to the employer as soon as practicable afterwards.

The notice—

must state the contravention the OHS inspector believes is occurring or is likely to occur, and the reasons for the belief; and

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

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

If the OHS inspector believes on reasonable grounds it is appropriate to do so, the OHS inspector may, in writing and before the end of the period, extend the period stated in the notice.

If an improvement notice is issued to an employer, other than the operator, of members of the workforce in circumstances other than the circumstance mentioned in subsection (3), the employer must immediately ensure a copy of the notice is given to the operator’s representative at the facility.

If a notice is issued to the operator or an employer, other than the operator, of members of the workforce, the operator’s representative at the facility must—

give a copy of the notice to each health and safety representative for a designated work group having group members performing work that is affected by the notice; and

cause a copy of the notice to be displayed in a prominent place at or near each workplace at which the work is being performed.

On issuing a notice, the OHS inspector must give a copy of the notice to—

if the notice is given to a member of the workforce who is an employee and the notice relates to work performed by the employee—the employer of the employee; and

if the notice relates to any workplace, plant, substance or thing owned by a person other than a responsible person or an employer mentioned in paragraph (a)—the owner; and

if the notice is issued to a person who owns any workplace, plant, substance or thing, because of which a contravention of a listed OHS law has occurred or is likely to occur—

the operator of the facility; and

if the employer of employees who work in the workplace or who use the plant, substance or thing is a person other than the operator—the employer.