9Petroleum environmental inspections—power to take possession of plant and samples etc.

9 Petroleum environmental inspections—power to take possession of plant and samples etc.

Power to take possession or samples (1) In conducting a petroleum environmental inspection in relation to a petroleum title, a NOPSEMA inspector may, to the extent that it is reasonably necessary for the purposes of inspecting, examining or measuring, or conducting tests concerning, any plant, substance or thing at offshore petroleum premises in connection with the inspection: (a) take possession of the plant, substance or thing and remove it from the premises; or (b) take a sample of the substance or thing and remove that sample from the premises. Notice (2) On taking possession of plant, a substance or a thing, or taking a sample of a substance or thing, the inspector must, by written notice, inform the following persons of the taking of possession or the taking of the sample, and the reasons for it: (a) in any case: (i) the titleholder’s representative at the premises who is nominated for the inspection; or (ii) if there is no titleholder’s representative at the premises—the titleholder; (b) if the premises are a facility—the operator’s representative at the facility; (c) if the premises are a vessel under the command or charge of a master—the master; (d) if the plant, substance or thing is owned by a person other than a person mentioned in paragraph (a), (b) or (c)—that owner. Display of notice (3) The following person must cause the notice to be displayed in a prominent place at the premises: (a) if the premises are a facility—the operator’s representative at the facility; (b) in any other case—the person notified under paragraph (2)(a).

Note: The person notified under paragraph (2)(a) is either the titleholder’s representative or the titleholder.

Duties of NOPSEMA inspector (4) If the NOPSEMA inspector takes possession of plant, a substance or a thing for the purpose of inspecting, examining or measuring, or conducting tests concerning, the plant, substance or thing, the inspector must: (a) ensure that the inspection, examination, measuring or testing is conducted as soon as practicable; and (b) return it to the premises as soon as practicable afterwards. (5) As soon as practicable after completing any such inspection, examination, measurement or testing, the inspector must give a written statement setting out the results to each person the inspector is required to notify under subclause (2).