77OHS inspections—prohibition notices (issue)

77 OHS inspections—prohibition notices (issue)

When a notice may be issued (1) A NOPSEMA inspector may issue a prohibition 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: (a) either: (i) an activity is occurring at the facility that involves an immediate threat to the health or safety of a person; or (ii) an activity may occur at the facility that, if it occurred, would involve an immediate threat to the health or safety of a person; and (b) it is reasonably necessary to issue the notice in order to remove the threat. Responsible person for the notice (2) The notice may be issued to either or both of the following (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) specify the activity mentioned in subparagraph (1)(a)(i) or (ii); and (b) set out the reasons for the inspector’s satisfaction about the circumstances mentioned in subparagraph (1)(a)(i) or (ii); and (c) if the responsible person is the operator—either: (i) direct the operator to ensure that the activity is not conducted; or (ii) direct the operator to ensure that the activity is not conducted in a specified manner; and (d) if the responsible person is the titleholder—either: (i) direct the titleholder to ensure that the activity is not conducted; or (ii) direct the titleholder to ensure that the activity is not conducted in a specified manner. (5) For paragraph (4)(c) or (d), a specified manner may relate to any one or more of the following: (a) any workplace, or part of a workplace, at which the activity is not to be conducted; (b) any plant, substance or thing that is not to be used in connection with the activity; (c) any procedure that is not to be followed in connection with the activity. (6) The notice may specify action that may be taken to satisfy a NOPSEMA inspector that adequate action has been taken to remove the threat to health or safety. Offence (7) A person commits an offence if: (a) the person is subject to a prohibition notice; and (b) the person omits to do an act; and (c) the omission breaches the notice.

Penalty for contravention of subclause (7): 600 penalty units.