57 Power to take possession of plant, take samples of substances
etc.
(1) In conducting an inspection, an OHS inspector may, to the extent it
is reasonably necessary for the purposes of inspecting, examining,
taking measurements of or conducting tests concerning any plant,
substance or thing at a facility in connection with the inspection:
(a) take possession of the plant, substance or thing and remove it
from the facility; or
(b) take a sample of the substance or thing and remove that
sample from the facility.
Petroleum (Submerged Lands) Act 1981 212
(2) On taking possession of plant, a substance or thing, or taking a
sample of a substance or thing, the OHS inspector must, by notice
in writing, inform:
(a) the operator of the facility;
(b) if the plant, substance or thing is used for the performance of
work by an employer of a member or members of the
workforce at the facility other than the operator of the facility –
that employer;
(c) if the plant, substance or thing is owned by a person other
than a person mentioned in paragraph (a) or (b) – that person;
and
(d) if there is a health and safety representative for a designated
work group that includes a member of the workforce who is
affected by the matter to which the inspection relates – that
representative,
of the taking of possession or the taking of the sample and the
reasons for it.
(3) If the OHS inspector gives the notice to the operator of the facility to
which the inspection relates, the operator's representative at the
facility must cause the notice to be displayed in a prominent place
at the workplace from which the plant, substance or thing was
removed.
(4) If the OHS inspector takes possession of plant, a substance or a
thing at a workplace for the purpose of inspecting, examining,
taking measurements of or conducting tests concerning, the plant,
substance or thing, the OHS inspector must:
(a) ensure the inspection, examination, measuring or testing is
conducted as soon as practicable; and
(b) return it to the workplace as soon as practicable afterwards.
(5) As soon as practicable after completing any such inspection,
examination, measurement or testing, the investigator must give a
written statement specifying the results to each person whom the
investigator is required to notify under subclause (2).
Petroleum (Submerged Lands) Act 1981 213
58 Power to direct that workplace etc. not be disturbed
(1) An OHS inspector may give a direction under subclause (2) if, in
conducting an inspection, the OHS inspector has reasonable
grounds to believe it is reasonably necessary to do so in order to:
(a) remove an immediate threat to the health or safety of any
person; or
(b) allow the inspection, examination or taking of measurements
of, or conducting of tests concerning, a facility or any plant,
substance or thing at the facility.
(2) If subclause (1) applies, the OHS inspector may direct, by written
notice given to the operator's representative at the facility, that the
operator must ensure:
(a) a particular workplace; or
(b) particular plant, or a particular substance or thing, not be
disturbed for a period specified in the direction.
(3) The period specified in the direction must be a period that the OHS
inspector has reasonable grounds to believe is necessary in order
to remove the threat or to allow the inspection, examination,
measuring or testing to take place.
(4) The direction may be renewed by another direction in the same
terms.
(5) If an OHS inspector gives a notice to the operator's representative
under subclause (2), the operator's representative must cause the
notice to be displayed in a prominent place at the workplace:
(a) that is to be left undisturbed; or
(b) where the plant, substance or thing that is to be left
undisturbed is located.
(6) As soon as practicable after giving the direction, the OHS inspector
must take reasonable steps to give notice of the direction and the
reasons for giving it to:
(a) if the workplace, plant, substance or thing to which the
direction relates is owned by a person other than the operator
of the facility – that person; and
Petroleum (Submerged Lands) Act 1981 214
(b) if there is a health and safety representative for a designated
work group that includes a group member performing work:
(i) at a workplace; or
(ii) involving the plant, substance or thing,
to which the direction relates – that representative.
(7) The operator of a facility to which a direction concerning a
workplace, plant, substance or thing relates must ensure the
direction is complied with.
(8) A direction under subclause (2) must be accompanied by a
statement specifying the reasons for the direction.
59 Power to issue prohibition notices
(1) If, having conducted an inspection, an OHS inspector is satisfied on
reasonable grounds it is reasonably necessary to issue a
prohibition notice to the operator of a facility in order to remove an
immediate threat to the health or safety of any person, the OHS
inspector may issue a prohibition notice, in writing, to the operator.
(2) The notice must be issued to the operator by giving it to the
operator's representative at the facility.
(3) The notice must:
(a) specify the activity in respect of which, in the OHS inspector's
opinion, the threat to health or safety has arisen, and specify
the reasons for that opinion; and
(b) either:
(i) direct the operator to ensure the activity is not engaged
in; or
(ii) direct the operator to ensure the activity is not engaged
in in a specified manner.
(4) A specified manner may relate to one or more of the following:
(a) any workplace, or part of a workplace, at which the activity is
not to be engaged in;
Petroleum (Submerged Lands) Act 1981 215
(b) any plant or substance 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.
(5) The notice may specify action that may be taken to satisfy an OHS
inspector that adequate action has been taken to remove the threat
to health and safety.
(6) The operator's representative at the facility must:
(a) give a copy of the notice to each health and safety
representative (if any) for any designated work group having
group members performing work that is affected by the notice;
and
(b) cause a copy of the notice to be displayed at a prominent
place at or near each workplace at which that work is
performed.
(7) If the notice relates to any workplace, plant, substance or thing that
is owned by a person other than the operator, the OHS inspector
must, on issuing the notice, give a copy of the notice to that person.
60 Compliance with prohibition notice
(1) An operator must ensure a prohibition notice issued to the operator
is complied with.
(2) If an OHS inspector is satisfied action taken by the operator to
remove the threat to health and safety in respect of which the notice
was issued is not adequate, the OHS inspector must inform the
operator accordingly.
(3) A prohibition notice ceases to have effect when an OHS inspector
notifies the operator that the OHS inspector is satisfied the operator
has taken adequate action to remove the threat to health or safety.
(4) In making a decision under subclause (2), an OHS inspector may
exercise any of the powers of an OHS inspector conducting an
inspection the OHS inspector considers necessary for making the
decision.
Petroleum (Submerged Lands) Act 1981 216
61 Power to issue improvement notices
(1) If, in conducting an inspection, an OHS inspector believes on
reasonable grounds a person:
(a) is contravening a provision of a listed OHS law; or
(b) has contravened a provision of a listed OHS law and is likely
to contravene that provision again,
the OHS inspector may issue an improvement notice, in writing, to
the person (the responsible person).
(2) If the responsible person is the operator, the improvement notice
may be issued to the operator by giving it to the operator's
(3) If the responsible person is an employer (other than the operator) of
members of the workforce, but it is not practicable to give the notice
to that employer:
(a) the improvement notice may be issued to the employer by
giving it to the operator's representative at the facility; and
(b) if the notice is so issued – the operator must ensure a copy of
the notice is given to the employer as soon as practicable
afterwards.
(4) The notice:
(a) must specify the contravention that the OHS inspector
believes is occurring or is likely to occur, and specify the
reasons for that belief;
(b) must specify a reasonable period within which the responsible
person is to take the action necessary to prevent any further
contravention or to prevent the likely contravention; and
(c) may specify action the responsible person must take during
the period specified in the notice.
(5) If the OHS inspector believes on reasonable grounds that it is
appropriate to do so, the OHS inspector may, in writing and before
the end of the period, extend the period specified in the notice.
(6) If an improvement notice is issued to an employer (other than the
operator) of members of the workforce in circumstances other than
the circumstance mentioned in subclause (3), the employer must
immediately ensure a copy of the notice is given to the operator's
Petroleum (Submerged Lands) Act 1981 217
(7) If a notice is issued to the operator or to an employer (other than
the operator) of members of the workforce, the operator's
representative at the facility must:
(a) give a copy of the notice to each health and safety
representative for a designated work group having group
members performing work that is affected by the notice; and
(b) cause a copy of the notice to be displayed in a prominent
place at or near each workplace at which the work is being
performed.
(8) On issuing a notice, the OHS inspector must give a copy of the
notice to:
(a) if the notice is:
(i) given to a member of the workforce who is an employee;
and
(ii) in connection with work performed by the employee,
the employer of the employee;
(b) if the notice relates to any workplace, plant, substance or thing
that is owned by a person other than:
(i) a responsible person; or
(ii) a person who is an employer mentioned in
paragraph (a),
the owner; and
(c) if the notice is issued to a person who owns any workplace,
plant, substance or thing because of which a contravention of
a listed OHS law has occurred or is likely to occur:
(i) the operator of the facility; and
(ii) if the employer of employees who work in that workplace
or who use that plant, substance or thing is a person
other than the operator – the employer.
Petroleum (Submerged Lands) Act 1981 218
62 Compliance with improvement notice
A person to whom an improvement notice is issued must comply
with it to the extent the notice relates to any matter over which the
person has control.
63 Notices not to be tampered with or removed
(1) A person must not, without reasonable excuse, tamper with any
notice that has been displayed under clause 57(3), 58(5), 59(6)
or 61(7) while that notice is so displayed.
(2) If a notice has been displayed under clause 57(3), a person must
not, without reasonable excuse, remove the notice until the plant or
thing to which the notice relates is returned to the workplace from
which it was removed.
(3) If a notice has been displayed under clause 58(5), 59(6) or 61(7), a
person must not, without reasonable excuse, remove the notice
before it has ceased to have effect.
Petroleum (Submerged Lands) Act 1981 219
Division 4 Reports on inspections
64 Reports on inspections
(1) If an OHS inspector has conducted an inspection, the OHS
inspector must, as soon as practicable, prepare a written report
relating to the inspection and give the report to the Safety Authority.
(2) The report must include:
(a) the OHS inspector's conclusions from conducting the
inspection and the reasons for the conclusions;
(b) any recommendations that the OHS inspector wishes to make
arising from the inspection; and
(c) any other matters prescribed by the regulations.
(3) As soon as practicable after receiving the report, the Safety
Authority must give a copy of the report, together with any written
comments that it wishes to make:
(a) to the operator of the facility to which the report relates;
(b) if the report relates to activities performed by an employee of
another person – that other person; and
(c) if the report relates to any plant, substance or thing owned by
another person – that other person.
(4) The Safety Authority may, in writing, request the operator or
another person to whom the report is given to provide to the Safety
Authority, within a reasonable period specified in the request,
details of:
(a) any action proposed to be taken as a result of the conclusions
or recommendations contained in the report; and
(b) if a notice has been issued under clause 59 or 61 in relation to
work being performed for the operator or that other person –
any action taken, or proposed to be taken, in respect of that
notice,
and the operator or that other person must comply with the request.
Petroleum (Submerged Lands) Act 1981 220
(5) As soon as practicable after receiving a report, the operator of a
facility must give a copy of the report, together with any written
comment made by the Safety Authority on the report:
(a) if there is a least one health and safety committee in relation
to some or all of the members of the workforce – to each such
committee; and
(b) if there is no such committee in relation to some or all of the
members of the workforce, but some or all of those members
(in respect of which there is no such committee) are in at least
one designated work group for which there is a health and
safety representative – to each such health and safety
representative.
Division 5 Appeals
65 Appeals
(1) If an OHS inspector, in conducting an inspection or having
conducted an inspection:
(a) decides, under clause 38, to confirm or vary a provisional
improvement notice;
(b) decides, under clause 57, to take possession of plant, a
substance or a thing at a workplace;
(c) decides, under clause 58, to direct a workplace, a part of a
workplace, plant, a substance or a thing not be disturbed;
(d) decides, under clause 59, to issue a prohibition notice;
(e) decides, under clause 60, the operator of a facility to whom a
prohibition notice has been issued has not taken adequate
action to remove the threat to health and safety that caused
the notice to be issued; or
(f) decides, under clause 61, to issue an improvement notice,
a person mentioned in subclause (2) may appeal to the reviewing
authority against the decision, by giving notice in writing to the
reviewing authority.
(2) The following persons may appeal:
(a) the operator of the facility or any employer (other than the
operator) who is affected by the decision;
Petroleum (Submerged Lands) Act 1981 221
(b) a person to whom a notice has been issued under
clause 37(2) or 61(1);
(c) the health and safety representative for a designated work
group having a group member affected by the decision;
(d) a workforce representative in relation to the designated work
group that includes a group member who is affected by the
decision and who has requested the workforce representative
to make the appeal;
(e) if there is no such designated work group and a member of
the workforce affected by the decision has requested a
workforce representative in relation to the member to make
the appeal – that workforce representative;
(f) a person who owns any workplace, plant, substance or thing
to which the decision mentioned in subclause (1)(a), (b), (c)
or (f) relates.
(3) If an OHS inspector, having conducted an inspection:
(a) decides, under clause 38, to cancel a provisional improvement
notice; or
(b) decides, under clause 60, the operator of a facility to whom a
prohibition notice has been issued has taken adequate action
to remove the threat to health and safety that caused the
notice to be issued,
an appeal against a decision may be made, by notice in writing, to
the reviewing authority by:
(c) the health and safety representative for a designated work
group having a group member affected by the decision;
(d) a workforce representative in relation to the designated work
group that includes a group member who is affected by the
decision and who has requested the workforce representative
to make the appeal; or
(e) if there is no such designated work group and a member of
the workforce affected by the decision has requested a
workforce representative in relation to the member to make
the appeal – that workforce representative.
(4) Subject to this clause, giving notice of an appeal does not affect the
operation of the decision appealed against or prevent the taking of
action to implement that decision except to the extent the reviewing
authority makes an order to the contrary.
Petroleum (Submerged Lands) Act 1981 222
(5) If the decision appealed against is a decision under clause 61 to
issue an improvement notice, the operation of the decision is
suspended pending determination of the appeal except to the
extent the reviewing authority makes an order to the contrary.
(6) If the decision appealed against is a decision of an OHS inspector
under clause 38 to confirm or vary a provisional improvement notice
whose operation has been suspended pending the inspection of the
matter to which the notice relates, the operation of the notice is
further suspended pending determination of the appeal except to
the extent the reviewing authority makes an order to the contrary.
66 Powers of reviewing authority on appeal
(1) On an appeal, the reviewing authority may:
(a) affirm or revoke the decision appealed against; and
(b) if it revokes the decision – substitute any other decision of the
kind appealed against that it considers appropriate.
(2) If the decision is:
(a) varied;
(b) revoked; or
(c) revoked with the substitution of another decision,
the decision is taken to have effect, and always to have had effect,
accordingly.
(a) the decision appealed against is a decision under clause 57 to
take possession of any plant, substance or thing at a
workplace; and
(b) the decision is not affirmed,
the OHS inspector who made the decision must ensure, to the
extent the decision is not affirmed, the plant, substance or thing is
returned to the workplace as soon as practicable.