Offshore Petroleum and Greenhouse Gas Storage Amendment (Compliance Measures) Act 2013
18Offences against petroleum environmental laws—defence of circumstances preventing compliance
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18 Offences against petroleum environmental laws—defence of circumstances preventing compliance
It is a defence to a prosecution for refusing or failing to do anything required by a petroleum environmental law if the defendant proves that it was not practicable to do that thing because of an emergency prevailing at the relevant time.
Note: A defendant bears a legal burden in relation to the matter in this clause—see section 13.4 of the Criminal Code.
Part 3—OHS inspections
Offshore Petroleum and Greenhouse Gas Storage Act 2006
10 After subsection 638(1)
Insert:
(1A) A listed OHS law includes a requirement made under a provision listed in subsection (1).
11 Section 642
Omit:
• The CEO may appoint OHS inspectors.
12 Section 643 (definition of OHS inspector)
Repeal the definition.
13 Section 675
Omit “(except a power conferred by section 680)”.
14 Section 675
After “powers”, insert “(except a power conferred by section 602)”.
(b) concerning a contravention or a possible contravention of a listed OHS law; or
17 Clause 2 of Schedule 3
Omit:
• The operator of a facility must report accidents and dangerous occurrences to NOPSEMA.
substitute:
• The powers that a NOPSEMA inspector may exercise for the purposes of an OHS inspection are in addition to the powers in relation to listed OHS laws that the inspector may exercise for the purposes of Division 1 of Part 6.5 of this Act.
• The operator of a facility must report accidents and dangerous occurrences to NOPSEMA.
18 Clause 3 of Schedule 3
Insert:
do not disturb notice means a do not disturb notice issued under clause 76.
19 Clause 3 of Schedule 3 (definition of inspection)
Repeal the definition.
20 Clause 3 of Schedule 3
Insert:
OHS inspection: see clause 49.
21 Clause 3 of Schedule 3 (definition of OHS inspector)
Repeal the definition.
22 Clause 3 of Schedule 3 (definition of premises)
Repeal the definition, substitute:
premises has the same meaning as in the Regulatory Powers Act in its application under Division 1 of Part 6.5 of this Act (see section 602F of this Act).
23 Clause 3 of Schedule 3
Insert:
titleholder means the registered holder of:
(a) a petroleum title; or
(b) a greenhouse gas title.
24 Clause 3 of Schedule 3
Insert:
titleholder’s representative, in relation to a titleholder within the meaning of this Schedule, has the meaning given by section 602K.
25 Clause 3 of Schedule 3
Insert:
titleholder’s well‑related obligations means the obligations of a titleholder to comply with:
(a) clause 13A of this Schedule (petroleum titleholder duty of care); or
(b) Part 5 of the Offshore Petroleum and Greenhouse Gas Storage (Resource Management and Administration) Regulations 2011, to the extent that the Part applies in relation to petroleum titles; or
(c) clause 13B of this Schedule (greenhouse gas titleholder duty of care).
26 Subparagraphs 34(1)(a)(iii) and (iv) of Schedule 3
Repeal the subparagraphs, substitute:
(iii) make a request to a NOPSEMA inspector or to NOPSEMA that an OHS inspection be conducted at the workplace;
(iv) accompany a NOPSEMA inspector during any OHS inspection at the workplace by the inspector (whether or not the inspection is being conducted as a result of a request made by the health and safety representative);
27 Subclause 39(1) of Schedule 3 (heading)
Repeal the heading, substitute:
Request for OHS inspection
28 Subclause 39(1) of Schedule 3
Omit “an OHS inspector that an inspection”, substitute “a NOPSEMA inspector that an OHS inspection”.
Omit “an inspection must be conducted of the work that is the subject of the disagreement, and the OHS inspector”, substitute “an OHS inspection must be conducted of the work that is the subject of the disagreement, and the NOPSEMA inspector”.
32 Subparagraph 40(1)(b)(i) of Schedule 3
Omit “an OHS inspector during an inspection at the workplace by the OHS inspector”, substitute “a NOPSEMA inspector during an OHS inspection at the workplace by the inspector”.
33 Subclause 44(4) of Schedule 3 (heading)
Repeal the heading, substitute:
OHS inspection
34 Subclause 44(4) of Schedule 3
Omit “an OHS inspector that an inspection”, substitute “a NOPSEMA inspector that an OHS inspection”.