9 Duties of persons in control of parts of facility or particular
work
(1) A person who is in control of any part of a facility, or of any
particular work carried out at a facility, must take all reasonably
practicable steps to ensure:
(a) that part of the facility, or the place where the work is carried
out, is safe and without risk to health; and
(b) if the person is in control of particular work – the work is
carried out in a manner that is safe and without risk to health.
(2) Without limiting subclause (1), a person who is in control of any part
of a facility, or of any particular work carried out at a facility, must:
(a) ensure the physical environment at that part of the facility, or
at the place where that work is carried out, is safe and without
risk to health;
(b) ensure any plant, equipment, materials and substances at or
near that part of the facility or that place, or used in that work,
are safe and without risk to health;
(c) implement and maintain systems of work at that part of the
facility, or in carrying out work at that place, that are safe and
(d) ensure a means of access to, and egress from, that part of the
facility or that place that is safe and without risk to health; and
(e) provide all members of the workforce located at that part of
the facility or engaged on that work, in appropriate languages,
with the information, instruction, training and supervision
necessary for them to carry out their work in a manner that is
safe and without risk to health.
Petroleum (Submerged Lands) Act 1981 171
10 Duties of employers
(1) An employer must take all reasonably practicable steps to protect
the health and safety of employees at a facility.
(2) Without limiting subclause (1), an employer must:
(a) provide and maintain a working environment that is safe for
employees and without risk to their health;
(b) ensure any plant, equipment, materials and substances used
in connection with the employees' work are safe and without
risk to health;
(c) implement and maintain systems of work that are safe and
(d) provide a means of access to, and egress from, the
employees' work location that is safe and without risk to
health; and
(e) provide the employees, in appropriate languages, with the
information, instruction, training and supervision necessary for
them to carry out their work in a manner that is safe and
without risk to health.
(3) A person has, in relation to a contractor of that person, the same
obligations that an employer has under subclauses (1) and (2) in
relation to an employee of that employer, but only in relation to:
(a) matters over which the first-mentioned person has control; or
(b) matters over which:
(i) the first-mentioned person would have had control apart
from express provision to the contrary in a contract; and
(ii) the first-mentioned person would, in the circumstances,
usually be expected to have had control.
(4) An employer must take all reasonable steps to:
(a) monitor the health and safety of employees; and
Petroleum (Submerged Lands) Act 1981 172
(b) keep records of that monitoring.
11 Duties of manufacturers in relation to plant and substances
(1) A manufacturer of any plant that the manufacturer ought reasonably
to expect will be used by members of the workforce at a facility
must take all reasonably practicable steps:
(a) to ensure the plant is so designed and constructed as to be,
when properly used, safe and without risk to health;
and examination necessary in order to discover, and to
eliminate or minimise, any risk to health and safety that may
arise from the use of the plant; and
(c) to make available, in connection with the use of the plant at a
facility, adequate written information about:
(i) the use for which it is designed and has been tested;
(ii) details of its design and construction; and
(iii) any conditions necessary to ensure that, when put to the
use for which it was designed and tested, it will be safe
and without risk to health.
(2) A manufacturer of any substance that the manufacturer ought
reasonably to expect will be used by members of the workforce at a
facility must take all reasonably practicable steps:
(a) to ensure the substance is so manufactured as to be, when
properly used, safe and without risk to health;
and examination necessary to discover, and to eliminate or
minimise, any risk to health and safety that may arise from the
use of the substance; and
Petroleum (Submerged Lands) Act 1981 173
(c) to make available, in connection with the use of the substance
at a facility, adequate written information concerning:
(i) the use for which it is manufactured and has been
tested;
(ii) details of its composition;
(iii) any conditions necessary to ensure, when put to the use
for which it was manufactured and tested, it will be safe
and without risk to health; and
(iv) the first aid and medical procedures that should be
followed if the substance causes injury.
(a) plant or a substance is imported into Australia by a person
who is not its manufacturer; and
(b) at the time of the importation, the manufacturer of the plant or
substance does not have a place of business in Australia,
the first-mentioned person is taken, for this clause, to be the
manufacturer of the plant or substance.
(4) This clause does not affect the operation of any other law of the
Territory that imposes an obligation on a manufacturer in relation to
defective goods or in relation to information to be supplied in
relation to goods.
12 Duties of suppliers of facilities, plant and substances
(1) A supplier of a facility, or of any plant or substance the supplier
ought reasonably to expect will be used by members of the
workforce at a facility, must take all reasonably practicable steps:
(a) to ensure, at the time of supply, the facility, plant or substance,
is in such condition as to be, when properly used, safe and
Petroleum (Submerged Lands) Act 1981 174
and examination necessary to discover, and to eliminate or
minimise, any risk to health or safety that may arise from the
condition of the facility, plant or substance; and
(c) to make available the operator of the facility or person to
whom the plant or substance is supplied adequate written
information in connection with the use of the facility, plant or
substance about:
(i) the condition of the facility, plant or substance at the time
of supply;
(ii) any risk to the health and safety of members of the
workforce at the facility to which the condition of the
facility, plant or substance may give rise unless it is
properly used;
(iii) the steps that need to be taken in order to eliminate the
risk; and
(iv) for a substance – the first aid and medical procedures
that should be followed if the condition of the substance
causes injury to a member of the workforce at the
(2) For subclause (1), if a person (the ostensible supplier) supplies to
a person a facility, or any plant or substance that is to be used by
members of the workforce at a facility, and the ostensible supplier:
(a) carries on the business of financing the acquisition or the use
of goods by other persons;
(b) has, in the course of the business, acquired an interest in the
facility, plant or substance from another person (the actual
supplier), solely for financing its acquisition by, or its provision
to, the person to whom it is finally supplied; and
(c) has not taken possession of the facility, plant or substance, or
has taken possession of the facility, plant or substance solely
for passing possession of the facility, plant or substance to the
person to whom it is finally supplied,
Petroleum (Submerged Lands) Act 1981 175
a reference in subclause (1) to a supplier must, in relation to the
facility, plant or substance mentioned in this subclause, be read as
a reference to the actual supplier and not as a reference to the
ostensible supplier.
(3) This clause does not affect the operation of another law of the
Territory that imposes an obligation in relation to the sale or supply
of goods or the information to be supplied in relation to goods.
13 Duties of persons erecting facilities or installing plant
(1) A person who erects or installs a facility or erects or installs any
plant at a facility must take all reasonably practicable steps to
ensure the facility or plant is not erected or installed in a way that is
unsafe or constitutes a risk to health.
(2) This clause does not affect the operation of another law of the
Territory that imposes an obligation in relation to the erection or
installation of structures or goods or the supply of services.
14 Duties of persons in relation to occupational health and safety
(1) A person at a facility must, at all times, take all reasonably
practicable steps:
(a) to ensure the person does not take any action, or make any
omission, that creates a risk, or increases an existing risk, to
the occupational health and safety of that or another person at
or near the facility;
(b) in relation to any obligation imposed on the operator or on
another person by or under a listed OHS law – to cooperate
with the operator or the other person to the extent necessary
to enable the operator or other person to fulfil the obligation;
and
(c) to use equipment that is:
(i) supplied to the person by the operator, an employer of
the person or any other person having control of work at
a facility (the equipment supplier); and
Petroleum (Submerged Lands) Act 1981 176
(ii) necessary to protect the occupational health and safety
of the person or of any other person at or near the
facility,
in accordance with any instructions given by the equipment
supplier, consistent with the safe and proper use of the
equipment.
(2) Despite subclause (1), the choice or manner of use, or choice and
manner of use, of equipment of the kind mentioned in
subclause (1)(c)(ii) is a matter that may be, consistently with each
listed OHS law:
(a) agreed on between the equipment supplier and any relevant
health and safety representative; or
(b) agreed on by a health and safety committee.
(3) If an agreement of the kind mentioned in subclause (2)(a) or (b)
provides a process for choosing equipment of a particular kind that
is to be provided by the equipment supplier, action must not be
taken against a person for failure to use equipment of the kind that
is so provided unless the equipment has been chosen in
accordance with the process.
(4) If an agreement of the kind mentioned in subclause (2)(a) or (b)
provides a process for determining the manner of use of equipment
of a particular kind, action must not be taken against a person for
failure to use, in the manner required by the equipment supplier,
equipment of the kind that is so provided unless the manner has
been determined in accordance with the process.
15 Reliance on information supplied or results of research
(1) For the application of clause 8, 9 or 10 to the use of plant or a
substance, a person on whom an obligation is imposed under any
of those clauses is regarded as having taken reasonably
practicable steps as required by the relevant clause, in relation to
the use of the plant or substance, to the extent that:
(a) the person ensured, so far as practicable, its use was in
accordance with the information supplied by the manufacturer
or the supplier of the plant or substance relating to
occupational health and safety in its use; and
Petroleum (Submerged Lands) Act 1981 177
(b) it was reasonable for the person to rely on the information.
(2) For the application of clause 11 or 12 to carrying out research,
testing and examining a facility, or any plant or substance, a person
on whom an obligation is imposed under either of those clauses is
regarded as having taken reasonably practicable steps as required
by the relevant clause, in relation to carrying out research, testing
and examining the facility, plant or substance, to the extent that:
(a) the research, testing or examination has already been carried
out by or on behalf of someone else; and
(b) it was reasonable for the person to rely on the research,
testing or examination.
(3) For the application of clause 13 to the erection of a facility or
erection or installation of plant at a facility, a person on whom an
obligation is imposed under the clause is regarded as having taken
reasonably practicable steps as required by that clause to the
extent that:
(a) the person ensured, so far as is reasonably practicable, the
erection of the facility, or erection or installation of the plant,
was:
(i) in accordance with information supplied by the
manufacturer or supplier of the facility or plant relating to
its erection or its installation; and
(ii) consistent with the occupational health and safety of
persons at the facility; and
(b) it was reasonable for the person to rely on the information.
(4) This clause does not limit what constitutes reasonably practicable
steps as required by clause 8, 9,10, 11, 12 or 13.
Division 2 Regulations relating to occupational health and
safety
16 Regulations
(1) The regulations may make provision relating to any matter
affecting, or likely to affect, the occupational health and safety of
persons at a facility.
Petroleum (Submerged Lands) Act 1981 178
(2) Regulations made for subclause (1) may make provision for any of
the following:
(a) prohibiting or restricting the performance of all work or
specified work at a facility;
(b) prohibiting or restricting the use of all plant or specified plant
at a facility;
(c) prohibiting or restricting the carrying out of all processes or a
specified process at a facility;
(d) prohibiting or restricting the storage or use of all substances or
specified substances at a facility;
(e) specifying the form in which information required to be made
available under clause 11(1)(c) or 12(1)(c) is made available;
(f) prohibiting, except in accordance with licences granted under
the regulations, the use of specified plant or substances at a
(g) providing for:
(i) the issue, variation, renewal, transfer, suspension and
cancellation of those licences; and
(ii) the conditions to which the licences may be subject;
(h) regulating the maintenance and testing of plant used at a
(i) regulating the labelling or marking of substances used at a
(j) regulating the transport of specified plant or substances for
use at a facility;
(k) prohibiting the performance, at a facility, of specified activities
or work except:
(i) by persons who satisfy requirements of the regulations
as to qualifications, training or experience; or
(ii) under the supervision specified in the regulations;
(l) requiring specified action to avoid accidents or dangerous
occurrences;
(m) providing for, or prohibiting, specified action in the event of
accidents or dangerous occurrences;
Petroleum (Submerged Lands) Act 1981 179
(n) providing for the employment at a facility of persons to perform
specified duties relating to the maintenance of occupational
health and safety at the facility;
(o) regulating the provision and use, at a facility, of protective
clothing and equipment, safety equipment and rescue
equipment;
(p) providing for monitoring the health of members of the
workforce at a facility and the conditions at the facility;
(q) requiring employers to keep records of matters related to the
occupational health and safety of employees;
(r) providing for the provision of first aid equipment and facilities
at facilities.