6Imposition of safety investigation levy—designated coastal waters

6 Imposition of safety investigation levy—designated coastal waters

(1) If: (a) a notifiable accident or occurrence happens in relation to a facility located in the designated coastal waters of a State or of the Northern Territory; and (b) a NOPSEMA inspector begins to conduct an inspection in relation to the notifiable accident or occurrence; and (c) the condition or conditions specified in the regulations are satisfied; levy is imposed on the notifiable accident or occurrence. (2) Levy imposed by subsection (1) is to be known as safety investigation levy. (3) Safety investigation levy imposed by subsection (1) is payable by the operator of the facility. (4) Safety investigation levy is not payable under subsection (1) unless regulations are in force for the purposes of paragraph (1)(c).

Note: For collection of safety investigation levy, see section 686 of the Offshore Petroleum and Greenhouse Gas Storage Act 2006.

Amount of safety investigation levy (5) The amount of safety investigation levy imposed by subsection (1) in respect of a notifiable accident or occurrence is the amount that is specified in, or worked out in accordance with, the regulations. (6) The regulations may specify different amounts of safety investigation levy, or different means of working out amounts of safety investigation levy, in relation to different kinds of notifiable accident or occurrence. (7) Subsection (6) does not limit subsection 33(3A) of the Acts Interpretation Act 1901. Definitions (8) For the purposes of the application of this section in relation to the designated coastal waters of a State or of the Northern Territory:

accident has the same meaning as in the applicable State or Territory safety law.

dangerous occurrence has the same meaning as in the applicable State or Territory safety law.

facility has the same meaning as in the applicable State or Territory safety law.

inspection has the same meaning as in the applicable State or Territory safety law.

notifiable accident or occurrence, in relation to a facility, means an accident or dangerous occurrence:

(a) at or near the facility; and
(b) that is required to be notified to NOPSEMA by the operator under the provision of the applicable State or Territory safety law that substantially corresponds to clause 82 of Schedule 3 to the Offshore Petroleum and Greenhouse Gas Storage Act 2006.

operator, in relation to a facility, has the same meaning as in the applicable State or Territory safety law.