13Regulator may direct petroleum site operators to be appointed

13 Regulator may direct petroleum site operators to be appointed

13 Regulator may direct petroleum site operators to be appointed

(1) The regulator may, by written notice given to a petroleum site holder of a petroleum site, direct the holder to—

(a) appoint an operator for the petroleum site, or

(b) appoint more than 1 operator for different parts of the petroleum site, or

(c) appoint a single operator for both the petroleum site and another petroleum site of the holder, but only if the petroleum sites are geographically close to one another.

(2) A petroleum site holder who is given notice under this section must comply with the notice.

Maximum penalty—

(a) for an individual—60 penalty units, or

(b) for a body corporate—300 penalty units.

(3) If more than 1 operator is appointed for different parts of a petroleum site under this section, each of the parts is taken to be a separate petroleum site for the purposes of this Regulation.

(4) If a single operator is appointed for more than 1 petroleum site under this section, the petroleum sites are taken to be a single petroleum site for the purposes of this Regulation.

(5) The regulator must ensure the petroleum site holder is given reasonable time to comply with the notice, including reasonable time to address possible non-compliance with the WHS laws that may result from the petroleum site holder complying with the notice.

(6) The regulator must take the following into account in determining whether to give notice under this section—

(a) the objects of the WHS laws,

(b) the nature, size and complexity of the petroleum site or petroleum sites to which the notice relates,

(c) the difficulty for the petroleum site holder or operator of the petroleum site to exercise functions under the WHS laws,

(d) whether the giving of the notice is likely to result in safety management systems that better ensure the health and safety of workers and other persons.