209Improvement notices—issue

209 Improvement notices—issue

Scope (1) This section applies if an OEI inspector is conducting an OEI inspection in relation to offshore premises. When notice may be issued (2) An OEI inspector may issue a notice (an improvement notice) to a licence holder, in writing, under this section if, in conducting the inspection, the OEI inspector is satisfied on reasonable grounds that: (a) the licence holder: (i) is contravening a provision of this Act, or an applied work health and safety provision; or (ii) has contravened a provision of this Act, or an applied work health and safety provision, and is likely to contravene that provision again; and (b) as a result, there is, or may be, a significant threat to: (i) the environment; or (ii) the health and safety of workers; or (iii) the infrastructure integrity of offshore renewable energy infrastructure or offshore electricity transmission infrastructure; and (c) the OEI inspector is satisfied on reasonable grounds that action is required to be taken by the licence holder to remove the threat.

Note: The notice will be published on the Regulator’s website (see section 212).

How notice may be issued (3) Without limiting the way in which the notice may be issued, the notice may be issued to the licence holder by being given to the licence holder’s representative at the premises. Contents of notice (4) The notice must: (a) state that the OEI inspector is satisfied on reasonable grounds that a specified contravention of this Act or the applied work health and safety provisions is occurring, or has occurred and is likely to occur again, and set out those grounds; and (b) state that the OEI inspector is satisfied on reasonable grounds that as a result of that contravention, there is, or may be, a significant threat to any of the following, and set out those grounds: (i) the environment; (ii) the health and safety of workers; (iii) the infrastructure integrity of offshore renewable energy infrastructure or offshore electricity transmission infrastructure; and (c) describe the nature of the threat; and (d) direct the licence holder to take the action mentioned in paragraph (2)(c), which must be specified in the notice; and (e) specify a period within which the licence holder is to take the action. Period of notice (5) The period specified in the notice must be reasonable. (6) If the OEI inspector is satisfied on reasonable grounds that it is appropriate to do so, the OEI inspector may, in writing and before the end of the period, extend the period specified in the notice. Notice to interested persons (7) As soon as practicable after issuing the notice, the OEI inspector must take reasonable steps to give a copy of the notice to the following persons: (a) if the offshore premises are a vessel under the command or charge of a master—the master; (b) if the offshore premises are owned by a person other than the licence holder—that owner. Display of notice (8) The licence holder must cause a copy of the notice to be displayed in a prominent place at the offshore premises.