161Licence holder must notify Regulator of certain events

161 Licence holder must notify Regulator of certain events

(1) A licence holder must notify the Regulator if the licence holder becomes aware that any of the following has occurred in relation to the licence: (a) a circumstance that significantly impaired, or has the potential to significantly impair, the operation or structural integrity of licence infrastructure; (b) a notifiable incident, within the meaning of the Work Health and Safety Act as applied by Part 1 of Chapter 6 of the Act, that arises out of licence activities; (c) a collision between a marine vessel and any licence infrastructure; (d) a contravention, or apparent contravention, of a safety zone determination, or a protection zone determination, in effect in relation to licence infrastructure; (e) if there is a management plan for the licence—an incident that caused, or should have caused, the licence holder to implement the emergency response plan mentioned in paragraph 91(2)(c); (f) if there is a management plan for the licence—an incident that: (i) arose in connection with licence activities carried out in the Commonwealth offshore area; and (ii) resulted, or has the potential to result, in a contravention of the licence holder’s obligations under the Environment Protection and Biodiversity Conservation Act 1999, or regulations under that Act, that are described in the management plan in accordance with paragraph 85(2)(a) of this instrument.

Note: For paragraph (b)—see clause 26 of Schedule 1 to this instrument for a modification that affects the meaning of notifiable incident in the Work Health and Safety Act as applied by Part 1 of Chapter 6 of the Act.

(2) The notification under subsection (1) must be given to the Regulator as soon as practicable after the licence holder becomes aware that the event has occurred. (3) A notification under subsection (1): (a) must be made in the manner and form that is: (i) approved by the Regulator; and (ii) published on the Regulator’s website; and (b) must be accompanied by any other information or documents required by the form. Offence (4) A person commits an offence if: (a) the person holds a licence; and (b) the person ought reasonably to have known that an event mentioned in subsection (1) has occurred in relation to the licence; and (c) the person does not give the Regulator a notification under subsection (1) as soon as practicable after becoming aware that the event occurred.

Penalty: 60 penalty units.