76OHS inspections—do not disturb notices (general)

76 OHS inspections—do not disturb notices (general)

When a notice may be issued (1) A NOPSEMA inspector may issue a do not disturb notice, in writing, under this clause if, in conducting an OHS inspection in relation to a facility, the inspector is satisfied on reasonable grounds that it is reasonably necessary to issue the notice in order to: (a) remove an immediate threat to the health or safety of any person; or (b) allow the inspection, examination or measurement of, or the conducting of tests concerning: (i) the facility; or (ii) particular plant, or a particular substance or thing, at the facility. Issue of notice (2) The notice may be issued to either or both of the following persons (the responsible person) as applicable: (a) in any case—the operator; (b) if the inspection wholly or partly concerns compliance with the titleholder’s well‑related obligations—the titleholder. (3) Without limiting subclause (2), the notice may be issued to a responsible person as follows: (a) if the operator is a responsible person—by being given to the operator’s representative at the facility; (b) if the titleholder is a responsible person—by being given to the titleholder’s representative (if any) at the facility who is nominated for the inspection.

Note: A titleholder’s representative is only required to be at the facility if the inspection concerns the titleholder’s well‑related obligations (see section 602K).

Contents of notice (4) The notice must: (a) direct the responsible person 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 workplace; (ii) particular plant, or a particular substance or thing, at the facility; 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.