Petroleum (Submerged Lands) Act 1982

Within 7 days after a notice is issued under clause 37—

the responsible person; or

any other person, to whom a copy of the notice has been given under clause 37(8), may request the Safety Authority or an OHS inspector for an inspection of the matter to be conducted.

On the request being made, the operation of the notice is suspended pending the determination of the matter by an OHS inspector.

As soon as possible after a request is made, an inspection must be conducted of the work that is the subject of the disagreement, and the OHS inspector conducting the inspection must—

confirm, vary or cancel the notice and notify the responsible person and any person to whom a copy of the notice has been given under clause 37(8) accordingly; and

make decisions, and exercise powers, under Part 4, as the OHS inspector considers necessary in relation to the work.

If the OHS inspector varies a notice, the notice as so varied has effect—

so far as the notice concerns obligations imposed on the responsible person that are unaffected by the variation—as if the notice as so varied resumed effect on the day of the variation; and

so far as the notice concerns new obligations imposed by virtue of the variation—as if the notice as so varied were a new notice issued on the day of the variation.

If the notice is issued to a responsible person, the responsible person must—

notify each group member who is affected by the notice of the fact of the issue of the notice; and

until the notice ceases to have effect, cause a copy of the notice to be displayed at or near each workplace at which the work that is the subject of the notice is being performed.

The notice ceases to have effect if—

it is cancelled by an OHS inspector or by the health and safety representative; or

the responsible person—

takes the action, if any, specified in the notice; or

if no action is so specified—takes the action necessary to prevent the further contravention, or likely contravention, concerned.

The responsible person—

must ensure that, to the extent that the notice relates to any matter over which the person has control, the notice is complied with; and

must take reasonable steps to inform the health and safety representative who issued the notice of the action taken to comply with the notice.

For the purposes of clause 65, if the OHS inspector confirms or varies the notice, the OHS inspector is taken to have decided, under clause 61, to issue an improvement notice in those terms.