10Petroleum environmental inspections—do not disturb notices (general)

10 Petroleum environmental inspections—do not disturb notices (general)

Scope (1) This clause applies if a NOPSEMA inspector is conducting a petroleum environmental inspection in relation to offshore petroleum premises. When a notice may be issued (2) A NOPSEMA inspector may issue a do not disturb notice to a titleholder, in writing, under this clause if the inspector is satisfied on reasonable grounds that it is reasonably necessary to issue the notice in order to allow the inspection, examination or measurement of, or the conducting of tests concerning: (a) the premises; or (b) particular plant, or a particular substance or thing, at the premises. Issue of notice (3) Without limiting the way in which the notice may be issued, the notice may be issued to the titleholder by being given to the titleholder’s representative at the premises who is nominated for the inspection. Contents of notice (4) The notice must: (a) direct the titleholder to take all reasonably practicable steps to ensure that one or more of the following are not disturbed for a period specified in the notice: (i) a particular part of the premises; (ii) particular plant, or a particular substance or thing, at the premises; and (b) set out the reasons for the inspector’s decision to issue the notice. (5) The period specified in the notice must be a period that the inspector is satisfied on reasonable grounds is necessary in order to allow the inspection, examination, measuring or testing to take place. Renewal of notice (6) The notice may be renewed by another notice in the same terms. Offence (7) A person commits an offence if: (a) the person is subject to a do not disturb notice; and (b) the person omits to do an act; and (c) the omission breaches the notice.

Penalty for contravention of subclause (7): 300 penalty units.