Offshore Petroleum and Greenhouse Gas Storage (Safety) Regulations 2024

Part 4 provides for the contents of safety cases. Each facility must be covered by a safety case. A safety case includes a description of the facility, the formal safety assessment for the facility and how the safety management system for the facility will be implemented. A safety case is to be submitted to NOPSEMA and NOPSEMA may accept or reject the safety case or accept the safety case subject to conditions or limitations.

An operator of a facility must submit a revised safety case if there is a change in circumstances or operations. NOPSEMA may also request an operator to submit a revised safety case.

Under Part 5 NOPSEMA may require an operator of a facility or proposed facility to provide a validation in respect of the proposed facility or a proposed significant change to an existing facility.

Part 6 specifies occurrences at facilities that are declared to be dangerous occurrences. That Part also specifies the time within which, and the information that must be included in, notices and reports that are required to be given to NOPSEMA under clause 82 of Schedule 3 to the Act about accidents and dangerous occurrences at or near facilities.

Part 7 sets out the information that must be provided to NOPSEMA, in accordance with clause 83B of Schedule 3 to the Act, when a vessel becomes a facility or an associated offshore place or when a vessel ceases to be a facility or an associated offshore place.

Part 2 Operators and proposed operators

(1) An object of this instrument is to ensure that facilities are designed, constructed, installed, operated, modified and decommissioned in Commonwealth waters only in accordance with safety cases that have been accepted by NOPSEMA. (2) An object of this instrument is to ensure that safety cases for facilities make provision for the following matters in relation to the health and safety of persons at or near the facilities: (3) An object of this instrument is to ensure that the risks to the health and safety of persons at facilities are reduced to a level that is as low as reasonably practicable. (4) An object of this instrument is to ensure that diving to which the Act applies is carried out in Commonwealth waters only in accordance with: (5) An object of this instrument is to ensure that diving safety management systems make provision for the following matters in relation to the health and safety of persons: (6) An object of this instrument is to ensure that the risks to the health and safety of persons who carry out diving to which the Act applies are reduced to a level that is as low as reasonably practicable.

ADAS means the Australian Diver Accreditation Scheme administered by the Board of the Australian Diver Accreditation Scheme.

AS/NZS, followed by a number, means the Australian and New Zealand Standard of that number, as in force from time to time.

Note: In section 643 of the Act, the definition of Commonwealth waters refers to offshore areas. Offshore area is defined in section 7 of the Act.

election means an election for a health and safety representative or a deputy health and safety representative under clause 26 of Schedule 3 to the Act.

emergency, in relation to a facility, means an urgent situation that presents, or may present, a risk of death or serious injury to persons at the facility.

Note: Work has the meaning given by clause 3 of Schedule 3 to the Act. That clause defines work as work offshore that is directly or indirectly related to the construction, installation, operation, maintenance or decommissioning of a facility.

health and safety representative means a person selected as a health and safety representative for a designated work group under clause 25 of Schedule 3 to the Act.

intoxicant means a beverage or other substance for human consumption (other than a substance for medical or pharmaceutical use) that contains alcohol.

major accident event means an event connected with a facility, including a natural event, having the potential to cause multiple fatalities of persons at or near the facility.

manned submersible craft means a craft that is designed to maintain its occupant, or some or all of its occupants, at or near atmospheric pressure while submerged (whether or not it is self‑propelled, and whether or not it is supplied with breathing mixture by umbilical), including a craft in the form of a suit.

performance standard means a standard, established by the operator of a facility, of the performance required of a system, item of equipment, person or procedure which is used as a basis for managing the risk of a major accident event connected with the facility.

(a) in relation to a medical practitioner—means qualified or entitled, under a law of a State or Territory, to practise as a medical practitioner; and
(c) in relation to a pharmacist—means qualified or entitled, under a law of a State or Territory, to practise as a pharmacist.

(ii) if the safety case is revised and the revised safety case is accepted under section 2.34—the revised safety case; and

Note: Other parts of speech and grammatical forms of “sexually harass” (for example, “sexual harassment”) have a corresponding meaning (see section 18A of the Acts Interpretation Act 1901, as that section applies because of paragraph 13(1)(a) of the Legislation Act 2003).

(1) For the purposes of paragraph 4(6)(d) of Schedule 3 to the Act, a vessel mentioned in column 1 of an item of the following table is declared not to be a facility if: (b) while located at the site, the vessel is used only for one or more of the purposes mentioned in column 2 of the item.

(2) For the purposes of subsection (1), a vessel mentioned in column 1 of an item of the table in subsection (1) that is used for a purpose mentioned in column 2 of the item in relation to a pipe is taken to be located at a site, despite the fact that the vessel moves when it is used for that purpose.

(1) For the purposes of paragraph (c) of the definition of associated offshore place in clause 3 of Schedule 3 to the Act, a vessel mentioned in column 1 of an item of the following table is declared not to be an associated offshore place if: (ii) while located at the site, the vessel is used only for one or more of the purposes mentioned in column 2 of the item; and (b) when the vessel is being so used, a facility is not causing a risk (other than an ordinary marine risk) to the vessel or to people on the vessel.

(2) For the purposes of paragraph (1)(a), a vessel mentioned in column 1 of an item of the table in subsubsection (1) that is used for a purpose mentioned in column 2 of the item in relation to a pipe is taken to be located at a site, despite the fact that the vessel or structure moves when it is used for that purpose.

(1) A person who is required, for the purposes of the Act or this instrument, to give notice or make a report, must give notice or make the report in sufficient detail to allow proper consideration of the notice or report. (2) A notice or report must be produced clearly and legibly in handwriting or by means of a machine in such a manner as to enable clear and legible reproduction of the contents of the notice or report.

Under Part 2, a facility owner or titleholder may nominate a person to be the operator of a facility or proposed facility. NOPSEMA must accept the nomination if the requirements in section 2.3 are satisfied. Otherwise NOPSEMA must reject the nomination. NOPSEMA must maintain a register of operators and must publish details of each operator on its website.

A facility owner or titleholder may also nominate a person to replace an existing operator of a facility or proposed facility. NOPSEMA may accept or reject such a nomination. If NOPSEMA accepts the nomination, the nominee may submit a safety case for the facility and NOPSEMA must decide whether to accept the safety case.

If NOPSEMA accepts the safety case, the nominee must notify NOPSEMA that the nominee will replace the existing operator on a day specified in the notice. NOPSEMA must register the nominee as the operator on that day and must publish the name of the nominee in the register of operators.

Under Part 3, a person proposing to construct a new production facility or a new GHG facility must submit to NOPSEMA a design notification for the facility. Such facilities include an existing vessel or structure that is to be significantly altered (see subsections 2.4FA(2) and 2.4FB (2)).

A design notification must be submitted to NOPSEMA before any construction or alteration work is commenced and must include all the details and information required by section 2.4H. NOPSEMA must assess and respond to the design notification. A fee is payable to NOPSEMA for an assessment of a design notification.

Part 4 provides for the contents of safety cases. Each facility must be covered by a safety case. A safety case includes a description of the facility, the formal safety assessment for the facility and how the safety management system for the facility will be implemented. A safety case is to be submitted to NOPSEMA and NOPSEMA may accept or reject the safety case or accept the safety case subject to conditions or limitations.

An operator of a facility must submit a revised safety case if there is a change in circumstances or operations. NOPSEMA may also request an operator to submit a revised safety case.

Under Part 5 NOPSEMA may require an operator of a facility or proposed facility to provide a validation in respect of the proposed facility or a proposed significant change to an existing facility.

Part 6 specifies occurrences at facilities that are declared to be dangerous occurrences. That Part also specifies the time within which, and the information that must be included in, notices and reports that are required to be given to NOPSEMA under clause 82 of Schedule 3 to the Act about accidents and dangerous occurrences at or near facilities.

Part 7 sets out the information that must be provided to NOPSEMA, in accordance with clause 83B of Schedule 3 to the Act, when a vessel becomes a facility or an associated offshore place or when a vessel ceases to be a facility or an associated offshore place.

(1) A facility owner or a titleholder may give NOPSEMA a written notice nominating a person to be the operator of a facility or a proposed facility. (iv) a telephone number and an email address for the person outside business hours at the place of business specified in the notice;

(1) Subject to subsection (3), NOPSEMA must accept a nomination of a person (the nominee) as the operator of a facility or proposed facility under subsection 2.1(1) if it is satisfied that: (b) if the nominee is a foreign company—the nominee is registered under Division 2 of Part 5B.2 of the Corporations Act 2001. (b) if the nominee is a foreign company—the nominee is registered under Division 2 of Part 5B.2 of the Corporations Act 2001. (4) If NOPSEMA accepts the nomination, it must register the nominee as the operator of the facility or proposed facility. (5) NOPSEMA must, in writing, notify the facility owner or titleholder who made the nomination, and the nominee, of the following:

(2) A facility owner, titleholder or operator of a facility must give NOPSEMA written notice that the operator has ceased to be the person who has, or will have, the day‑to‑day management and control of: (3) If the operator of a facility or proposed facility is a foreign company and the operator ceases to be registered under Division 2 of Part 5B.2 of the Corporations Act 2001, the operator must, as soon as practicable after ceasing to be so registered, give NOPSEMA written notice that the operator has ceased to be registered. (4) NOPSEMA must remove the name of the operator of a facility from the register if NOPSEMA is given a notice under subsection (2) or (3) in relation to the operator. (a) that the operator of a facility does not have, or will not have, day‑to‑day management and control of the facility and operations at the facility; or (b) if the operator of a facility or proposed facility is a foreign company—that the operator has ceased to be registered under Division 2 of Part 5B.2 of the Corporations Act 2001. (b) has considered any representations made by the facility owner, titleholder or operator within the period of 30 days beginning when the notice was given; and (i) that the operator does not have, or will not have, day‑to‑day management and control of the facility and operations at the facility; or (ii) if the operator is a foreign company—that the operator has ceased to be registered under Division 2 of Part 5B.2 of the Corporations Act 2001.

(1) A facility owner or a titleholder may give NOPSEMA a written notice nominating a person (the proposed operator) to replace the existing operator of the facility or proposed facility. (i) if the proposed operator carries on business in Australia—the address of the proposed operator’s principal place of business in Australia; (ii) if the proposed operator does not carry on business in Australia—the address of the proposed operator’s principal place of business; (iii) a telephone number and an email address for the proposed operator at the place of business specified in the notice; (iv) a telephone number and an email address for the proposed operator outside business hours at the place of business specified in the notice;

(1) Subject to subsection (3), NOPSEMA must accept a nomination of a proposed operator for a facility or proposed facility under subsection 2.4A(1) if it is satisfied that: (a) the proposed operator will have, if registered as the operator of the facility or proposed facility, the day‑to‑day management and control of: (b) if the proposed operator is a foreign company—the proposed operator is registered under Division 2 of Part 5B.2 of the Corporations Act 2001. (a) the proposed operator will have, if registered as the operator of the facility or proposed facility, the day‑to‑day management and control of: (b) if the proposed operator is a foreign company—the proposed operator is registered under Division 2 of Part 5B.2 of the Corporations Act 2001. (a) the ability of the proposed operator to undertake the functions and responsibilities of an operator of the facility; and (4) If NOPSEMA accepts the nomination of a proposed operator, it must register the proposed operator as the proposed operator of the facility or proposed facility. (5) NOPSEMA must, in writing, notify the facility owner or titleholder who made the nomination, and the proposed operator, of the following:

(1) If, under subsection 2.4B(4), NOPSEMA registers a person as the proposed operator of a facility or proposed facility: (c) the other provisions of Parts 2 and 3 of this Chapter apply (to the extent that those provisions are applicable) as if the reference to the operator included a reference to the proposed operator. (a) the proposed operator must, in writing, notify NOPSEMA that the proposed operator intends to replace the existing operator of the facility or proposed facility: (i) on a day specified in the notice (which must be no earlier than 5 business days after the notice is given to NOPSEMA); or (b) the safety case does not come into force unless and until the proposed operator is registered as the operator of the facility or proposed facility in accordance with paragraph 2.4D(1)(a).

(1) If a proposed operator for a facility or proposed facility notifies NOPSEMA under paragraph 2.4C(2)(a), NOPSEMA must: (a) register the proposed operator as the operator (the new operator) of the facility or proposed facility on the day specified by the proposed operator in the notice; and (d) remove the name of the previous operator of the facility or proposed facility from the register of operators maintained under section 2.4. (2) The previous safety case in relation to the facility or proposed facility ceases to be in force at the time the new operator is registered as the operator of the facility or proposed facility.

(2) A facility owner, titleholder or proposed operator of a facility must give NOPSEMA written notice if the proposed operator will not, if registered as the operator of the facility or proposed facility, have the day‑to‑day management and control of: (3) If the proposed operator of a facility or proposed facility is a foreign company and the proposed operator ceases to be registered under Division 2 of Part 5B.2 of the Corporations Act 2001, the proposed operator must, as soon as practicable after ceasing to be so registered, give NOPSEMA written notice that the proposed operator has ceased to be registered. (4) NOPSEMA must remove the name of a proposed operator from the register of proposed operators if NOPSEMA is given a notice under subsection (2) or (3) in relation to the proposed operator. (a) that the proposed operator of a facility will not have day‑to‑day management and control of the facility and operations at the facility; or (b) if the proposed operator of a facility or proposed facility is a foreign company—that the proposed operator has ceased to be registered under Division 2 of Part 5B.2 of the Corporations Act 2001. (6) NOPSEMA may give notice of intention to remove the name of a proposed operator from the register of proposed operators to: (a) has given notice of intention to remove the name of the proposed operator from the register under subsection (6); and (b) has considered any representations made by the facility owner, titleholder or proposed operator within the period of 30 days beginning when the notice was given; and (i) that the proposed operator will not have day‑to‑day management and control of the facility and operations at the facility; or (ii) if the proposed operator is a foreign company—that the proposed operator has ceased to be registered under Division 2 of Part 5B.2 of the Corporations Act 2001.

This Part is made for the purposes of paragraph 17(3)(s) of Schedule 3 to the Act and applies to and in relation to a vessel or structure that is:

whether the vessel or structure is, or will be, floating or fixed and whether or not the vessel or structure is, or will be, capable of independent navigation. (a) the vessel or structure is altered or repurposed, or proposed to be altered or repurposed, in a way that enables, or will enable, the altered or repurposed vessel or structure to be used for: (i) without the alteration or repurposing, the vessel or structure is not able to be used, or would not be able to be used, for an activity mentioned in paragraph (a); or (ii) if, before the alteration or repurposing, the vessel or structure is able to be used for a particular activity mentioned in paragraph (a), the vessel or structure is, after the alteration or repurposing, able to be used for a different activity mentioned in paragraph (a).

whether the vessel or structure is, or will be, floating or fixed and whether or not the vessel or structure is, or will be, capable of independent navigation. (a) the vessel or structure is altered or repurposed, or proposed to be altered or repurposed, in a way that enables, or will enable, the altered or repurposed vessel or structure to be used for: (i) without the alteration or repurposing, the vessel or structure is not able to be used, or would not be able to be used, for an activity mentioned in paragraph (a); or (ii) if, before the alteration or repurposing, the vessel or structure is able to be used for a particular activity mentioned in paragraph (a), the vessel or structure is, after the alteration or repurposing, able to be used for a different activity mentioned in paragraph (a).

Note: See paragraph 2.26(1)(e) which requires a design notification to be submitted to NOPSEMA in order for NOPSEMA to accept a safety case for a new production facility or a new GHG facility.

For the purposes of subsection 2.4G(2), the design notification for a new production facility or a new GHG facility (the new facility) must: (i) in sufficient time to allow for any comments made by NOPSEMA to be taken into account in the final design decision; and (iii) for a vessel or structure that is to be repurposed—the justification of the suitability for repurposing the vessel or structure; and (iv) the criteria used to select the design in the design notification and the process by which the selection was made; and (f) include a description of how the design in the design notification for the new facility ensures that risks associated with hazards that have the potential to cause a major accident event are reduced to a level that is as low as reasonably practicable; and (i) how the new facility will be able to withstand such forces acting upon it as are reasonably foreseeable throughout its entire lifecycle, including during the post closure period until fully decommissioned; (ii) how the layout and configuration of the new facility, including the layout and configuration of its plant, will not adversely impact upon its safety and integrity; (iii) how the fabrication, transportation, construction, commissioning, operation, modification, maintenance and repair of the new facility will proceed without adversely impacting upon its safety and integrity; (iv) how the new facility will be able to be decommissioned and, if necessary, dismantled in such a way that it will, as far as is reasonably practicable, have sufficient integrity to enable decommissioning to be carried out safely; (v) how, in the event of reasonably foreseeable damage to the new facility, the new facility will be able to retain sufficient integrity to enable actions to be taken to safeguard the health and safety of persons at, or near, the new facility; and (h) include a description of how the design in the design notification for the new facility makes use of construction materials that are: (i) suitable, having regard to the need to ensure that at all times the new facility maintains such structural integrity as is reasonably practicable; and (ii) as far as is reasonably practicable, able to provide sufficient protection against anything that may prejudice the structural integrity of the new facility; and (ii) the safety and environmental management system by which the intended major accident risk control measures are to be maintained; (k) include a plan setting out the proposed location of the new facility and anything that may be connected to the new facility, including particulars of: (i) any environmental, meteorological and seabed limitations on the safe installation, operation and decommissioning of the new facility; (ii) the arrangements for identifying risks from seabed and marine hazards such as pipelines and moorings of adjacent installations; and (m) include a description of the types of operation, and the activities in connection with an operation, that are proposed to be undertaken at the new facility.

(1) If a person submits a design notification for a new production facility or a new GHG facility to NOPSEMA, NOPSEMA must: (b) subject to subsection (6), provide written comments to the person within 90 days of receiving the design notification. (2) The comments must include details of any matters that NOPSEMA considers may affect the safety of the new production facility or the new GHG facility or that may otherwise impact on the reduction of safety risks to a level that is as low as reasonably practicable. (3) NOPSEMA may request the person to provide further written information about any matter relating to the design of the new production facility or the new GHG facility that is required by this Part to be included in a design notification. (a) the information becomes part of the design notification for the new production facility or the new GHG facility (when the design notification for the facility is submitted to NOPSEMA) as if it had been included with the design notification for the facility as submitted to NOPSEMA; and (6) If NOPSEMA requests further information under subsection (3), a day is not to be counted for the purposes of paragraph (1)(b) if it is:

(1) For the purposes of subsection 685(1) of the Act, a fee is payable to NOPSEMA by a person submitting a design notification under section 2.4J for an assessment of the design notification.

(ii) the compositions of petroleum or greenhouse gas substance that are to be conveyed through the pipeline when it is operating; and

(2) The safety case for the facility must also identify which of the technical and other control measures mentioned in paragraph (1)(b) are critical to safety. (3) The safety case for the facility must also contain a detailed description of the formal safety assessment for the facility, being an assessment, or series of assessments, conducted by the operator of the facility that: (b) is a detailed and systematic assessment of the risk associated with each of those hazards, including the likelihood and consequences of each potential major accident event; and (c) identifies the technical and other control measures that are necessary to reduce that risk to a level that is as low as reasonably practicable; and (d) describes the emergency response plan required to be followed in the event of an emergency in connection with the facility.

(c) provides for the continual and systematic identification of hazards to health and safety of persons at or near the facility; and
(i) the likelihood of the occurrence, during normal or emergency situations, of injury or occupational illness associated with those hazards; and
(e) provides for the reduction to a level that is as low as reasonably practicable of risks to health and safety of persons at or near the facility including, but not limited to:
(f) provides for inspection, testing and maintenance of the equipment and hardware that are the physical control measures for those risks; and
(h) provides for any other matter that is necessary to ensure that the safety management system meets the requirements and objects of this instrument; and

Note: The safety management system must provide for all hazards and risks to persons at the facility, not just risks of major accident events.

(5) If the operator of a facility submits to NOPSEMA a safety case for a construction or installation stage in the life of the facility, the safety case must contain the matters mentioned in subsections (1) to (4) in relation to: (b) the activities that will, or are likely to, take place at, or in connection with, the facility during that stage in the life of the facility; and (c) to the extent that it is practicable—the facility and the activities that will, or are likely to, take place when the facility is in operation. (6) If a design notification in relation to a facility was required to be submitted to NOPSEMA under Part 3, the safety case for the facility must include the following: (b) the details of the matters (if any) that NOPSEMA raised in its written comments on the design notification under Part 3;

The safety case for a facility must specify all Australian and international standards that have been applied, or will be applied, in relation to the facility or plant used on or in connection with the facility for the relevant stage or stages in the life of the facility for which the safety case is submitted.

(a) an office or position in relation to the facility, the occupant of which is in command of the facility and responsible for its safe operation when on duty; and
(b) an office or position in relation to the facility, the occupant of which is responsible for implementing and supervising procedures in the event of an emergency at the facility; and

(2) The safety case for a facility must also describe, in detail, the means by which the operator of the facility will ensure, as far as is reasonably practicable, that: (a) the offices or positions mentioned in subsection (1) are continuously occupied while the facility is in operation; and (b) the person who occupies each office or position mentioned in subsection (1) has the necessary skills, training and ability to perform the functions of the office or position; and

The safety case for a facility must describe the means by which the operator of the facility will ensure that each member of the workforce at the facility has the necessary skills, training and ability: (b) to respond and react appropriately, and at the level that might be reasonably required of the member, during an emergency.

(1) The safety case for a facility must provide for the operator of the facility to establish and maintain a documented system of coordinating and controlling the safe performance of all work activities of members of the workforce at the facility, including in particular:

(a) in the development or revision of the safety case for the facility, there has been effective consultation with, and participation of, members of the facility’s workforce; and
(b) the safety case provides adequately for effective consultation with, and the effective participation of, the members of the facility’s workforce, so that they are able to arrive at informed opinions about the risks and hazards to which they may be exposed on the facility.

Note: Part 3 of Schedule 3 to the Act sets out the broad consultative provisions that apply, including provisions for the establishment of designated work groups, the election of health and safety representatives and the establishment of OHS committees. The arrangements under these consultative provisions should be used for consultation with members of the workforce about the development, preparation and revision of the safety case.

(1) The safety case for a facility must describe the means by which the operator of the facility will ensure the adequacy of the design, construction, installation, maintenance or modification of the facility, for the relevant stage or stages in the life of the facility for which the safety case has been submitted. (2) In particular, the design, construction, installation, maintenance and modification of the facility must provide for: (b) adequate means of gaining access for servicing and maintenance of the facility and machinery and other equipment on board the facility; and

The safety case for a facility must specify the medical and pharmaceutical supplies and services, sufficient for an emergency situation, that must be maintained on, or in respect of, the facility.

(1) The safety case for a facility must specify the equipment required on the facility (including process equipment, machinery and electrical and instrumentation systems) that relates to, or may affect, the safety of the facility. (b) to the extent that the equipment is intended to function, or to be used, in an emergency—the equipment is fit for its function or use in the emergency.

The safety case for a facility must describe the means by which the operator of the facility will ensure that there is in place, or will be put in place, a method of:

Note: The Fair Work Act 2009 prohibits sexual harassment in connection with work. Other Commonwealth legislation (such as the Sex Discrimination Act 1984) and State and Territory legislation may also apply in particular cases.

(1) The safety case for a facility must contain a detailed description of an evacuation, escape and rescue analysis in the event of an emergency at the facility. (i) life rafts to accommodate safely the maximum number of persons that are likely to be at the facility at any time; and (iii) in the case of a floating facility—suitable equipment to provide a float‑free capability and a means of launching; and (h) identify, as a result of the above evaluations, the technical and other control measures necessary to reduce the risks associated with emergencies to a level that is as low as reasonably practicable.

Note: In so far as it addresses major accident events, the evacuation, escape and rescue analysis forms part of the formal safety assessment.

(1) The safety case for a facility must contain a detailed description of a fire and explosion risk analysis for the facility in the event of a fire or explosion at the facility. (c) evaluate a range of measures for eliminating those potential fires and explosions, or for otherwise reducing the risk arising from fires and explosions; and (d) evaluate the incorporation into the facility of both automatic and manual systems for the detection, control and extinguishment of: (e) evaluate a range of means of isolating and safely storing hazardous substances, such as fuel, explosives and chemicals, that are used or stored at the facility; and (g) identify, as a result of the above evaluations, the technical and other control measures necessary to reduce the risks associated with fires and explosions to a level that is as low as reasonably practicable.

Note: In so far as it addresses major accident events, the fire and explosion risk analysis forms part of the formal safety assessment.

(1) The safety case for a facility must provide for communications systems that, in the event of an emergency in connection with the facility, are adequate for communication: (b) protected so as to be capable of operating in an emergency, to the extent specified by the formal safety assessment relating to the facility.

The safety case for a facility must make adequate provision for the facility, in the event of an emergency, in respect of:

(a) describe a response plan designed to address possible emergencies, the risk of which has been identified in the formal safety assessment for the facility; and
(a) specify all reasonably practicable steps to ensure the facility is safe and without risk to the health of persons likely to be on the facility at the time of the emergency; and

(3) The safety case must make adequate provision for escape drill exercises and fire drill exercises by persons on the facility. (4) In particular, those exercises must ensure that persons on the facility will be trained to function in the event of emergency with an adequate degree of knowledge, preparedness and confidence concerning the relevant emergency procedures. (5) The safety case must provide for the operator of the facility to ensure, as far as is reasonably practicable, that escape drill exercises and fire drill exercises are held in accordance with the safety case relating to the facility. (a) in the event of emergency, are adequate to shut down or disconnect all operations on the facility that could adversely affect the health or safety of persons at or near the facility; and (b) are adequate to give appropriate audible and visible warnings of the shutting down or disconnecting of those operations.

(2) The safety case for the facility must describe the arrangements and procedures that are, or will be, in place for shutting down or isolating, in the event of emergency, each of those pipes so as to stop the flow of petroleum or greenhouse gas substance into the facility through the pipe. (a) adequate means of mitigating, in the event of emergency, the risks associated with each pipe connected to the facility; and (b) the frequency of periodic inspection and testing of pipe emergency shut‑down valves that can reasonably be expected to ensure that the shut‑down valves will operate correctly in an emergency.

(1) The safety case for a facility must describe a system, that is in place or will be implemented, as part of the operation of the facility, that ensures, as far as is reasonably practicable, the safe performance of operations that involve vessels or aircraft. (a) able to meet the emergency response requirements identified in the formal safety assessment in relation to the facility; and

(3) A document mentioned in paragraph (1)(a) or (b) for a facility must be retained by the operator of the facility for 5 years after the date of acceptance of the document by NOPSEMA. (4) A report mentioned in paragraph (1)(c) for a facility must be retained by the operator of the facility for a period of 5 years after the date of receipt of the report by the operator. (5) A copy of a notice or report referred to in paragraph (1)(d) for a facility must be retained by the operator of the facility for a period of 5 years after the date the report was given to NOPSEMA.

(1) If the operator of a facility wants to have a safety case accepted for the facility, the operator must submit the safety case to NOPSEMA. (4) The operator must not submit the safety case before the operator and NOPSEMA have agreed on the scope of the validation for the facility.

(5) However, the operator may submit the safety case before the operator and NOPSEMA have agreed on the scope of the validation for the facility if the safety case is for a proposed facility that is: (b) proposed to be installed and operated in Commonwealth waters or in designated coastal waters of a State or the Northern Territory. (6) NOPSEMA may at any time inform the operator that it will not assess the safety case for the proposed facility unless the operator and NOPSEMA have agreed on the scope of the validation for the proposed facility.

(1) If the operator of a facility submits a safety case to NOPSEMA, NOPSEMA may request the operator to provide further written information about any matter required by this instrument to be included in a safety case. (a) the information becomes part of the safety case as if it had been included with the safety case as it was submitted to NOPSEMA; and

(b) the safety case complies with Subdivisions A, B and C of Division 1 of this Part for each stage in the life of the facility in respect of which the safety case is submitted; and
(i) the validation established, to the level of assurance required by NOPSEMA, the matters (as appropriate) mentioned in subsection 2.40(4); and
(ii) the person, or each person, who undertook the validation had the necessary competence, ability and access to data as mentioned in subsection 2.40(5); and
(e) if a design notification in relation to the facility was required to be submitted to NOPSEMA under Part 3—the following requirements are satisfied:
(ii) the operator of the facility has provided NOPSEMA with details of the matters (if any) that NOPSEMA raised in its written comments on the design notification under Part 3;
(iii) the operator of the facility has described how those matters have been incorporated into the facility design, either by describing how the facility design has been adapted in response to NOPSEMA’s comments or by providing reasons why NOPSEMA’s comments have not been incorporated into the facility design;
(iv) NOPSEMA is satisfied that the matters in its written comments in relation to the design notification under Part 3 for the facility have been adequately addressed in the facility design.

(2) If a safety case for a facility is submitted for more than one stage in the life of the facility, NOPSEMA may accept the safety case for one or more stages in the life of the facility. (3) If NOPSEMA proposes to reject a safety case for a facility because NOPSEMA is not satisfied in relation to any of the matters mentioned in subsection (1): (a) NOPSEMA must give the operator of the facility a reasonable opportunity to change the safety case and resubmit it; and (a) NOPSEMA has given the operator of the facility a reasonable opportunity to change and resubmit the safety case for the facility; and (5) When accepting a safety case for a facility, NOPSEMA may impose limitations or conditions on the acceptance in respect of the facility or activities at the facility.

(1) Within 90 days after receiving a safety case for a facility submitted under section 2.24, or resubmitted under paragraph 2.26(3)(b), NOPSEMA must: (iii) to accept the safety case for one or more specified stages in the life of the facility, but not for every stage in the life of the facility, in respect of which the safety case was submitted and to reject the rest of the safety case; or (b) notify the operator of the facility, in writing, that NOPSEMA is unable to make a decision about the safety case within the period of 90 days, and set out a proposed timetable for its consideration of the safety case. (2) A failure by NOPSEMA to comply with subsection (1) in relation to a safety case does not affect the validity of a decision by NOPSEMA to accept or reject the safety case. (3) A notice under paragraph (1)(a) must include the terms of the decision (including any limitations or conditions) and the reasons for it.

(1) NOPSEMA may, by notice in writing given to the operator of a facility, consent to the conduct of an activity in a manner that is different from the safety case in force in relation to the facility. (2) NOPSEMA must not give a consent under subsection (1) unless it is satisfied that there will not be an occurrence of a significant new risk to health and safety or a significant increase in an existing risk to health and safety arising from the activity in relation to the facility.

The acceptance of a safety case for a facility by NOPSEMA, or compliance by the operator of a facility or another person with a safety case for a facility that has been accepted by NOPSEMA, does not derogate from the duties of the operator or person under Part 2 of Schedule 3 to the Act.

(1) Subject to subsection (4), the operator of a facility for which a safety case is in force must submit a revised safety case to NOPSEMA as soon as practicable if: (a) the technical knowledge relied upon to formulate the safety case, including the knowledge of systems for identifying hazards and evaluating risks of major accident events, has become outdated so that the safety case no longer adequately provides for the matters mentioned in Subdivisions A, B and C of Division 1 of this Part; or (b) the operator proposes to modify or decommission the facility, and the proposed modification or decommissioning is not adequately addressed in the safety case; or (c) there are reasonable grounds for believing that a series of proposed modifications to the facility would result in a significant cumulative change in the overall level of risk of major accident events; or (e) for a facility that is a pipeline—the compositions of petroleum or greenhouse gas substance conveyed in the pipeline are different from the compositions contemplated in the safety case; or (f) the activities to be carried out at the facility are different from the activities contemplated in the safety case; or (g) subject to subsection (2), there has been, or will be, a loss or removal of a technical or other control measure identified under subsection 2.5(2) as being critical to safety. (a) a technical or other control measure is out of service for the purpose of testing the technical or control measure; or (b) the operator of the facility has ceased to undertake an activity that is directly related to the technical or other control measure; or (3) Subject to subsection (4), the operator of a facility for which a safety case is in force must submit a revised safety case to NOPSEMA as soon as practicable if there has been: (b) a series of increases in the level of risk to the health or safety of persons at or near the facility that, in total, are significant. (4) If a circumstance mentioned in subsection (1) or (3) may arise, or is likely to arise, because the operator proposes to modify or decommission the facility, the operator must not submit the revised safety case before the operator and NOPSEMA have agreed on the scope of the validation of the proposal. (5) If NOPSEMA agrees, the operator may submit a revised safety case under subsection (1) or (2) in the form of a revision to part of the safety case in force for the facility.

(1) NOPSEMA may request the operator of a facility for which a safety case is in force to submit a revised safety case to NOPSEMA. (2) If NOPSEMA agrees, the operator may submit the revised safety case in the form of a revision to part of the safety case in force for the facility. (4) The operator may make a written submission to NOPSEMA requesting the variation or withdrawal of the request and stating the reasons why: (c) to the extent that the submission is accepted—give the operator written notice that varies or withdraws the request in accordance with the decision; and (d) to the extent that the submission is rejected—give the operator written notice of the grounds for rejecting the submission or part of the submission.

(1) The operator of a facility for which a safety case is in force must submit a revised safety case in accordance with this section to NOPSEMA: (a) within 14 days before the end of the 5 year period beginning on the day the safety case was accepted by NOPSEMA under section 2.26; and (2) The operator must submit a revised safety case at the end of a period mentioned in subsection (1) even if the operator has submitted a revised safety case to NOPSEMA under section 2.30 or 2.31 in the same period. (3) A revised safety case submitted under this section must describe the means by which the operator will ensure the ongoing integrity of the technical and other control measures identified by the formal safety assessment for the facility.

(1) If the operator of a facility submits a revised safety case to NOPSEMA, NOPSEMA may request the operator to provide further written information about any matter required by this instrument to be included in a safety case. (a) the information becomes part of the revised safety case for the facility as if it had been included with the revised safety case as it was submitted to NOPSEMA; and

(b) the revised safety case complies with Subdivisions A, B and C of Division 1 of this Part for each stage in the life of the facility in respect of which the revision is submitted; and
(i) the validation established, to the level of assurance required by NOPSEMA, the matters (as appropriate) mentioned in subsection 2.40(4); and
(ii) the person, or each person, who undertook the validation had the necessary competence, ability and access to data as mentioned in subsection 2.40(5).

(2) If a safety case for a facility is revised in relation to more than one stage in the life of the facility, NOPSEMA may accept the revised safety case for one or more stages in the life of the facility and reject the revised safety case for one or more stages in the life of the facility. (3) If NOPSEMA proposes to reject a revised safety case for a facility because NOPSEMA is not satisfied in relation to any of the matters mentioned in subsection (1): (a) NOPSEMA must give the operator of the facility a reasonable opportunity to change the revised safety case and resubmit it; and (a) NOPSEMA has given the operator of the facility a reasonable opportunity to change and resubmit a revised safety case or a revised part of a safety case; and (5) When accepting a revised safety case for a facility, NOPSEMA may impose limitations or conditions on the acceptance in respect of the facility or activities at the facility.

(1) Within 30 days after receiving a revised safety case for a facility, or a revised part of a safety case for the facility, or a safety case for the facility resubmitted under paragraph 2.34(3)(b), NOPSEMA must: (iii) to accept the revised safety case for one or more specified stages in the life of the facility (but not for every stage in the life of the facility) in respect of which the safety case was submitted and to reject the rest of the revised safety case; or (b) notify the operator, in writing, that NOPSEMA is unable to make a decision about the revised safety case within the period of 30 days, and set out a proposed timetable for its consideration of the revised safety case. (2) A failure by NOPSEMA to comply with subsection (1) in relation to a revised safety case, or a revised part of a safety case, for a facility does not affect the validity of a decision by NOPSEMA to accept or reject the safety case for the facility. (3) A notice of a decision under paragraph (1)(a) must include the terms of the decision (including any limitations or conditions) and the reasons for it.

If a revised safety case is not accepted, the safety case in force in relation to the facility immediately before the revised safety case was submitted remains in force subject to the Act and this instrument, as if the revised safety case had not been submitted.

(1) NOPSEMA may, by written notice given to the operator of a facility, withdraw the acceptance of a safety case for the facility if:

(1) Before withdrawing the acceptance of a safety case for a facility NOPSEMA must comply with subsections (2), (4), (5) and (6). (2) NOPSEMA must give the operator at least 30 days’ notice, in writing, of NOPSEMA’s intention to withdraw acceptance of the safety case. (5) NOPSEMA must specify in the notice a day by which the operator (or any other person to whom a copy of the notice has been given) may submit to NOPSEMA, in writing, any matters for NOPSEMA to take into account in deciding whether to withdraw the acceptance of the safety case. (a) any action taken by the operator to remove the ground for withdrawal of acceptance, or to prevent the recurrence of that ground; and

(1) The operator of a facility may, in writing, apply to NOPSEMA for an exemption from the operation of specified provisions of this Part.

(2) NOPSEMA may also, on its own initiative, exempt an operator of a facility from the operation of specified provisions of this Part.

2.40 Validation of design, construction and installation of proposed facility or significant change to existing facility

(1) NOPSEMA may, by notice in writing, require the operator of a proposed facility, or an existing facility, to provide a validation: (2) A validation of a proposed facility is a statement in writing by an independent validator in respect of the design, construction and installation (including instrumentation, process layout and process control systems) of the facility, to the extent that these matters are covered by the scope of the validation agreed between NOPSEMA and the operator. (3) A validation of a proposed significant change to an existing facility is a statement in writing by an independent validator in respect of the proposed change, to the extent required by the scope of the validation agreed between NOPSEMA and the operator. (a) in the case of a proposed facility—that the design, construction and installation (including instrumentation, process layout and process control systems) of the facility incorporate measures that: (b) in the case of a proposed significant change to an existing facility—that, after any proposed change or changes, the facility incorporates measures that will protect the health and safety of persons at or near the facility. (5) An operator who has provided material for a validation must satisfy NOPSEMA that each person who undertook the validation had the necessary competence, ability and access to data, in respect of each matter being validated, to arrive at an independent opinion on the matter.

existing facility means a facility at a location in Commonwealth waters, if the facility is or has been in use, or is available for use, in that location.

For the purposes of the definition of dangerous occurrence in clause 3 of Schedule 3 to the Act, an occurrence, at a facility, that is specified in column 1 of an item of the following table is declared to be a dangerous occurrence.

(2) For the purposes of subclause 82(1) of Schedule 3 to the Act, the notice that must be given to NOPSEMA under that subclause must be given in accordance with subsection (3) of this section.

Note: Under subclause 82(2) of Schedule 3 to the Act, the notice must be given in the approved form (if any) and in an approved manner (if any).

(ii) if the accident or dangerous occurrence is not detected by the operator at the time of its first occurrence—as soon as practicable after the operator becomes aware of the accident or dangerous occurrence; and
(b) must include all material information concerning the accident or dangerous occurrence that are reasonably available to the operator at the time of the notification.

(4) For the purposes of subclause 82(5) of Schedule 3 to the Act, the notice that must be given to NOPSEMA under that subclause must be given in accordance with subsection (5) of this section.

Note Under subclause 82(5A) of Schedule 3 to the Act, the notice must be given in the approved form (if any) and in an approved manner (if any).

(ii) if the accident or dangerous occurrence is not detected by the operator at the time of its first occurrence—as soon as practicable after the diving supervisor becomes aware of the accident or dangerous occurrence; and
(b) must include all material information concerning the accident or dangerous occurrence that are reasonably available to the diving supervisor at the time of the notification.

(6) For the purposes of subclause 82(6) of Schedule 3 to the Act, the written report that must be given to NOPSEMA under that subclause must be given in accordance with subsection (7) of this section.

Note: Under subclause 82(7) of Schedule 3 to the Act, the report must be given in the approved form (if any) and in an approved manner (if any).

(ii) if the accident or dangerous occurrence is not detected by the operator at the time of its first occurrence—within 3 days after the operator becomes aware of the accident or dangerous occurrence; and
(i) all material facts and circumstances concerning the accident or dangerous occurrence that the operator knows or is able, by reasonable search or enquiry, to discover;
(iii) the corrective action that has been taken, or is proposed to be taken, to stop, control or remedy the accident or dangerous occurrence and make the worksite safe;
(iv) the action that has been taken, or is proposed to be taken, to prevent a similar accident or dangerous occurrence occurring in the future.

(8) For the purposes of subclause 82(9A) of Schedule 3 to the Act, the written report that must be given to NOPSEMA under that subclause must be given in accordance with subsection (9) of this section.

Note: Under subclause 82(9B) of Schedule 3 to the Act, the report must be given in the approved form (if any) and in an approved manner (if any).

(ii) if the accident or dangerous occurrence is not detected by the diving supervisor at the time of its first occurrence—within 3 days after the diving supervisor becomes aware of the accident or dangerous occurrence; and
(i) all material facts and circumstances concerning the accident or dangerous occurrence that the diving supervisor knows or is able, by reasonable search or enquiry, to discover;
(iii) the corrective action that has been taken, or is proposed to be taken, to stop, control or remedy the accident or dangerous occurrence and make the worksite safe;
(iv) the action that has been taken, or is proposed to be taken, to prevent a similar accident or dangerous occurrence occurring in the future.

(10) For the purposes of subclause 82(6) of Schedule 3 to the Act, an operator must, in accordance with subsection (11) of this section, give NOPSEMA a written report about the root cause of an accident, or dangerous occurrence, of the kind mentioned in that subclause.

Note: Under subclause 82(7) of Schedule 3 to the Act, the report must be given in the approved form (if any) and in an approved manner (if any).

(a) unless otherwise agreed by NOPSEMA—must be given as soon as practicable, but not later than 30 days, after the first occurrence of the accident or dangerous occurrence; and
(iii) details of the actions taken, or proposed to be taken, to prevent a reoccurrence of the same kind of accident or dangerous occurrence.

Diving supervisor to give NOPSEMA a written report that includes root cause analysis etc. of accidents and dangerous occurrences (12) For the purposes of subclause 82(9A) of Schedule 3 to the Act, a diving supervisor must, in accordance with subsection (13) of this section, give NOPSEMA a written report about the root cause of an accident, or dangerous occurrence, of the kind mentioned in that subclause.

Note: Under subclause 82(9B) of Schedule 3 to the Act, the report must be given in the approved form (if any) and in an approved manner (if any).

(a) unless otherwise agreed by NOPSEMA—must be given as soon as practicable, but not later than 30 days, after the first occurrence of the accident or dangerous occurrence; and
(iii) details of the actions taken, or proposed to be taken, to prevent a reoccurrence of the same kind of accident or dangerous occurrence.

(1) The operator of a facility must, in accordance with subsections (2) and (3) of this section, give NOPSEMA a written report required under subclause 83A(1) of Schedule 3 to the Act.

Note 1: Under subclause 83A(2) of Schedule 3 to the Act, the report for a calendar month must be given in the approved form (if any) and in an approved manner (if any).

Note 2: Under subclause 83A(5) of Schedule 3 to the Act, a person is liable to a civil penalty if the person contravenes a requirement under subclause 83A(1) of Schedule 3 to the Act.

(2) For the purposes of paragraph 83A(3)(a) of Schedule 3 to the Act, the report must be given to NOPSEMA no later than 15 days after the end of the month to which the report relates. (3) For the purposes of paragraph 83A(3)(b) of Schedule 3 to the Act, the report for a calendar month must include the following information: (a) the name, business address, telephone number and email address of the chief executive officer of the facility or the person who has executive oversight of the facility’s operations in Australia; (b) the name, business address, telephone number and email address of the person within the operator’s organisation who has overall responsibility for the facility; (c) the name, business address, telephone number and email address of the person in charge of the day‑to‑day management at the facility; (d) if the operator is not the titleholder or licensee—the name, business address, telephone number and email address of the titleholder’s representative; (k) the corrective action that has been taken, or is proposed to be taken, during the month to stop, control or remedy each injury; (l) the action that has been taken, or is proposed to be taken, during the month to prevent similar injuries occurring in the future; (n) de‑identified information about incidents of mental ill‑health at the facility during the month that have required treatment (other than first aid), including the affected person being repatriated from the facility; (o) a listing of emergency contact details for the next month (including the name of each contact person and the times they are available).

For the purposes of paragraph 83B(3)(b) of Schedule 3 to the Act, the following information is prescribed in relation to a notice under subclause 83B(1) of that Schedule: (a) the name, address, telephone number and email address of a nominated person who can be contacted by NOPSEMA for the purposes of the vessel activity notification scheme mentioned in clause 83B of Schedule 3 to the Act;

For the purposes of paragraph 83B(3)(b) of Schedule 3 to the Act, the following information is prescribed in relation to a notice under subclause 83B(2) of that Schedule: (a) the name, address, telephone number and email address of a nominated person who can be contacted by NOPSEMA for the purposes of the vessel activity notification scheme mentioned in section clause 83B of Schedule 3 to the Act;

(a) as soon as practicable after the vessel ceases to be a facility or an associated offshore place in relation to a facility; and

(1) A person must not carry out a facility activity in Commonwealth waters if there is no operator in respect of the facility.

(1) A person must not carry out a facility activity in Commonwealth waters if there is no safety case in force for the facility that provides for the activity.

Note: A safety case is not required under this instrument for construction or modification of a facility at a location that is not in Commonwealth waters (for example, at a shipyard).

(1) A person must not carry out a facility activity in Commonwealth waters if the activity is carried out in a manner that is contrary to:

(4) Subsection (1) does not apply to particular conduct if NOPSEMA has given the person a written consent under section 2.28 to engage in that conduct in a manner contrary to the safety case or a limitation or condition imposed under subsection 2.26(5) or 2.34(5).

Note: A defendant bears an evidential burden in relation to the matter in subsection (3), see subsection 13.3(3) of the Criminal Code.

(a) there has been an occurrence of a significant new risk to health and safety, or a significant increase in an existing risk to health and safety, in relation to the facility activity; and
(a) an occurrence of a significant new risk to health and safety in relation to a facility activity in Commonwealth waters; or
(b) a significant increase in an existing risk to health and safety in relation to a facility activity in Commonwealth waters;

the titleholder must notify the operator and NOPSEMA of the new risk or increased risk as soon as practicable after becoming aware of the new risk or increased risk.

(1) The operator of a facility must, at all times, make a copy of the safety case in force for the facility available, in a readily accessible place, to persons at the facility (including health and safety representatives).

(1) The operator of a facility must give NOPSEMA a written notice if the operator becomes aware that any of the following has occurred at the facility: (2) The notice must be given to NOPSEMA as soon as practicable after the operator becomes aware of the incident and must include a de‑identified account of the incident. (3) The operator must, within 30 days after notifying NOPSEMA of an incident under subsection (1) (or within such longer period as NOPSEMA approves), give a written report to NOPSEMA about the incident in accordance with subsection (4).

Note: For further information in relation to sexual harassment, see the Model Code of Practice: Sexual and gender‑based harassment, published by Safe Work Australia on 20 December 2023. This document could in 2024 be viewed on Safe Work Australia’s website (https://www.safeworkaustralia.gov.au).

(c) details of measures that have been, or will be, put in place at the facility to prevent or lessen similar incidents occurring at the facility.

(1) The operator of a facility must keep all documents required by the safety case in force for the facility in the manner set out in the safety case.

A person at a facility commits an offence of strict liability if the person fails to comply with a safety requirement of the safety case in force for the facility that applies to the person.

(ii) an accident that causes a member of the workforce to be incapacitated from performing work for a period of at least 3 days;

(c) the operator of the facility has given NOPSEMA notice of, and a report about, the accident or dangerous occurrence under clause 82 of Schedule 3 to the Act, and a NOPSEMA inspector has not entered the facility where the accident or dangerous occurrence occurred in response to the notice within 3 working days of the operator giving notice to NOPSEMA.

Note: A defendant bears an evidential burden in relation to the matter in subsection (2), see subsection 13.3(3) of the Criminal Code.

(1) An application or submission (however described) that a person is required or permitted to make or give to NOPSEMA under this instrument must include: (2) If there is a change to any of the details mentioned in subsection (1), the person or agent must notify NOPSEMA in writing as soon as practicable. (3) Despite any provision of this instrument, NOPSEMA may delay proceeding with an application or submission until the person or agent has complied with this section.

(2) This instrument (other than the definition of titleholder in section 1.5) applies as if a reference to a titleholder included a reference to a person who is subject to a petroleum remedial direction or a greenhouse gas remedial direction.

(b) provides for the election of health and safety representatives for work groups at a facility and sets out how such elections are to be conducted (see Part 3); and

(d) provides for exemptions from the requirements in Part 3 of Schedule 3 to the Act, which deals with health and safety workplace arrangements (see Part 5); and

(e) provides that certain State and Territory occupational health and safety laws do not apply in relation to facilities (see Part 6).

(a) to prevent or minimise members of the workforce at the facility who are under the person’s control being exposed to work‑related conditions that may cause fatigue; and

(ii) in the course of the person’s duties or practice as a qualified medical practitioner, a qualified nurse or a qualified pharmacist; or

Note: A defendant bears an evidential burden in relation to the matter in subsection (2), see subsection 13.3(3) of the Criminal Code.

(1) A person at a facility commits an offence if the person does not leave the facility if instructed to do so by a person in command of the facility.

Note: Paragraph 2.8(1)(a) provides that the safety case for a facility must specify an office or position in relation to the facility, the occupant of which is in command of the facility.

(2) A person to whom this section applies must not allow a hazardous substance, mentioned in column 1 of an item in Part 2 or 3 of Schedule 1, to be used in any circumstance at the facility other than a circumstance specified in column 2 of the item.

(5) Subsections (3) and (4) do not apply if the use is in accordance with an exemption granted by NOPSEMA under section 3.7.

Note: A defendant bears an evidential burden in relation to the matter in subsection (5), see subsection 13.3(3) of the Criminal Code.

(2) A person to whom this section applies must not allow a member of the workforce at the facility, under the person’s control, to be exposed to an airborne concentration of a hazardous substance in the breathing zone of the member of the workforce at a level that exceeds the appropriate exposure standard for the relevant period of time.

(5) Subsections (3) and (4) do not apply if the airborne concentration of the hazardous substance in the breathing zone of the member of the workforce is in accordance with an exemption given by NOPSEMA under section 3.7.

Note: A defendant bears an evidential burden in relation to the matter in subsection (5), see subsection 13.3(3) of the Criminal Code.

appropriate exposure standard means an airborne concentration for a substance as set out in the Workplace exposure standards for airborne contaminants published by Safe Work Australia on 18 January 2024, as in force from time to time.

(b) that has been determined, in writing, to be a hazardous substance by its manufacturer in accordance with the Classifying hazardous chemicals—National Guide (2023) published by Safe Work Australia, as in force from time to time; or

(2) A person to whom this section applies must not allow a member of the workforce at the facility who is under the person’s control to be exposed to a level of noise that is in excess of either of the 2 noise exposure limits (see subsections (6) and (7)).

(5) Subsections (3) and (4) do not apply if the level of noise to which the member of the workforce is exposed is in accordance with an exemption given by NOPSEMA under section 3.7.

Note: A defendant bears an evidential burden in relation to the matter in subsection (5), see subsection 13.3(3) of the Criminal Code.

(8) For the purposes of subsection (6), the LAeq,8h is the eight‑hour equivalent continuous A‑weighted sound pressure level in decibels (dB(A)) referenced to 20 micropascals, determined in accordance with AS/NZS 1269.1:2005 (Occupational noise management—Measurement and assessment of noise immission and exposure), as in force from time to time. (9) For the purposes of subsection (7), the LC,peak is the C‑weighted peak sound pressure level in decibels (dB(C)) referenced to 20 micropascals, determined in accordance with AS/NZS 1269.1:2005 (Occupational noise management—Measurement and assessment of noise immission and exposure), as in force from time to time.

(2) A person to whom this section applies may, in writing, apply to NOPSEMA for an exemption from compliance with subsection 3.4(2), 3.5(2) or 3.6(2). (b) technical and control measures to reduce any risk arising from non‑compliance to as low as is reasonably practicable are in place or will be implemented.

(1) If, under subclause 26(3) of Schedule 3 to the Act, the operator of a facility is required to conduct, or arrange for the conduct, of an election, the operator must nominate a person to act as the returning officer for the election.

A person eligible to vote in an election may request the returning officer for the election to conduct the poll for the election by secret ballot.

(1) As soon as practicable after a request under section 3.10, the returning officer must issue ballot‑papers for the poll to voters.

Subject to Division 5, if no request is made for a secret ballot, the returning officer for an election may conduct a poll for the election in a manner determined by the returning officer to produce a fair result.

(1) As soon as practicable before the close of a poll by secret ballot, the returning officer for an election must give to each voter: (b) in that case—may include on its face a statement by the returning officer that the envelope may be posted to the returning officer without expense to the voter. (3) The returning officer must ensure that the ballot‑paper and envelope are enclosed in a covering envelope that is sealed and addressed to the voter.

(1) A voter in a poll by secret ballot must mark the ballot‑paper to indicate the voter’s preference by placing the number 1 in the box printed opposite the name of the candidate for whom the voter wishes to vote. (i) putting the envelope containing the ballot‑paper in a locked and sealed ballot box, provided for the election by the returning officer, in a secure part of the workplace where the members of the workforce in the designated work group to which the election relates may place envelopes of that kind; or (ii) sending the envelope to the returning officer so as to reach the returning officer not later than the close of the poll. (f) retain the spoilt ballot‑paper until the end of 6 months after notification of the result of the poll is given under section 3.27.

(2) The returning officer must not admit to the count ballot‑papers received by the returning officer after the close of the poll.

A candidate must tell the returning officer for the election the name of the candidate’s scrutineer (if any) before the commencement of the count.

(1) The returning officer for an election may direct a person to leave the place where the count is being conducted if the person: (3) A person commits an offence of strict liability if the person fails to comply with a direction given to the person under subsection (1).

Note: A defendant bears an evidential burden in relation to the matter in subsection (4), see subsection 13.3(3) of the Criminal Code.

(3) A returning officer must, as soon as practicable before the count, notify each candidate, or a scrutineer of each candidate, of the place where, and the time when, the count is to occur. (5) If 2 or more candidates receive the same number of votes, the successful candidate is to be determined by lots drawn by the returning officer.

After the count conducted in respect of a poll has been completed, the returning officer must prepare, date and sign a statement setting out:

At the end of 6 months after notification of the result of the poll for an election is given under section 3.27, the returning officer may destroy:

(1) At any time before notification of the result of the poll for an election is given under section 3.27, the returning officer: (b) if a candidate makes a request, either orally or in writing, for a recount of any ballot‑papers received in the election and gives reasons for the request—must conduct a recount of the ballot‑papers. (a) in the case of a poll by secret ballot—has the same powers for the purposes of the recount as the returning officer had in the count; and (b) in any other case—may make any reasonable decision in respect of the allowance and admission, or disallowance and rejection, of a vote cast in the poll.

(1) Subject to subsection (2), if the returning officer has reasonable grounds to believe that there has been an irregularity in the conduct of an election, the returning officer may, at any time before notification of the result of the poll is given under section 3.27, declare the election to be void. (b) an error or defect in an instrument or other document made, or purporting to be made, for the purposes of this Part; or (c) an illegal practice, other than bribery or corruption, or attempted bribery or corruption, having been engaged in by a person, unless:

(2) As soon as practicable after the close of the poll for an election that has not failed, the returning officer must notify in writing the candidate who is elected and enclose with the notification a copy of the statement prepared under section 3.23.

(1) If a sample of a substance or thing taken under subclause 75(1) of Schedule 3 to the Act is safely and practicably divisible, the NOPSEMA inspector who has taken the sample must: (d) provide another part for inspection, examination, measuring or testing for the purposes of Schedule 3 to the Act; and (2) If a sample of a substance or thing taken under subclause 75(1) of Schedule 3 to the Act is not safely and practicably divisible, the NOPSEMA inspector who has taken the sample must provide the whole sample for inspection, examination, measuring or testing for the purposes of the Schedule. and removed the plant, substance or thing or the sample from the workplace must take all reasonable steps to ensure that, while in the inspector’s possession or control:

(1) For the purposes of subclause 46(1) of Schedule 3 to the Act, a person may apply in writing to NOPSEMA for an order exempting the person from any or all of the provisions of Part 3 of that Schedule.

Note: If the operator of a facility applies for an order, a health and safety representative might be affected by a decision to grant or refuse the order. If a health and safety representative for a facility applies for an order, the operator of the facility might be affected by a decision to grant or refuse the order.

(1) For the purposes of paragraph 89(1)(f) of the Act, for a State listed in an item in column 1 of the following table, the laws or parts of laws listed in column 2 of the item are prescribed.

(2) For the purposes of paragraph 89(1)(f) of the Act, the following laws or parts of laws of the Northern Territory are prescribed in relation to the Northern Territory: (3) For the purposes of paragraph 89(4)(b) of the Act, the laws or parts of laws mentioned in column 2 of an item in the table in subsection (1), that are substantive criminal law of a State, are prescribed in relation to the State mentioned in column 1 of the item. (4) For the purposes of paragraph 89(4)(b) of the Act, the laws or parts of laws mentioned in subsection (2), that are substantive criminal law of the Northern Territory, are prescribed in relation to the Northern Territory.

Under Part 2, a diving contractor must have a diving safety management system (DSMS) that is accepted and current before beginning or continuing diving work. A copy of the DSMS must be given to any diver on a diving project who requests a copy of the DSMS.

A DSMS must meet the minimum standards set out in guidelines made by NOPSEMA and must provide for the matters set out in subsection 4.4(2).

NOPSEMA must accept or reject a particular DSMS within 60 days of receiving the DSMS. If a DSMS is revised, NOPSEMA must accept or reject the revised DSMS within 28 days (or such other agreed period) after receiving the revised DSMS. In deciding whether to accept or reject a DSMS or a revised DSMS, NOPSEMA may request a diving contractor to provide further information about any matter required to be included in a DSMS.

(a) if, for example, developments in scientific or technical knowledge, or in the assessment of hazards, relevant to diving projects make it appropriate to do so, or if a significant change is proposed to the method of operation described in the DSMS;

Under Part 3, NOPSEMA may withdraw its acceptance of a DSMS for a diving project in the circumstances set out in section 4.11A. Before withdrawing its acceptance NOPSEMA must give a diving contractor notice of its intention to do so and must follow the other steps set out in section 4.11B.

Part 4 requires diving project plans for each diving project. If there is an operator of a facility in connection with a diving project, the diving project plan must be approved by the operator before diving can begin. If there is no such operator, the diving contractor must give a copy of the plan to NOPSEMA and NOPSEMA must accept the plan before diving can begin.

Under Part 5, divers and members of the workforce who will, or may, be working on a diving project must be consulted and involved in the development or revision of a DSMS or diving project plan.

Part 6 sets out the safety responsibilities of diving contractors and limits the diving depths of certain diving operations.

Under Part 8, start‑up notices must be given to NOPSEMA at least 28 days (or other agreed time) before diving on a diving project can begin. A start‑up notice must include details of the diving contractor, the date when diving is to begin, the location of the diving project, the depth to which divers will dive and the equipment to be used in the diving project.

NOPSEMA can accept or reject a start‑up notice and may also request further information about any matter that NOPSEMA requires to properly consider the start‑up notice.

(b) a new or increased diving risk arising from the diving project has been identified and the management or elimination of the risk is not provided for in the relevant DSMS or the diving project plan.

Part 9 sets out requirements in relation to the competency, qualifications and physical health of divers for a diving operation.