Commonwealth: Offshore Petroleum and Greenhouse Gas Storage Amendment (Compliance Measures) Act 2013 (Cth)

Offshore Petroleum and Greenhouse Gas Storage Amendment (Compliance Measures) Act 2013 No. 11, 2013 as amended Compilation start date: 18 July 2014 Includes amendments up to: Act No. 80, 2014 Includes uncommenced provisions: see subsection 2(1) (items 2 and 3) About this compilation This compilation This is a compilation of the Offshore Petroleum and Greenhouse Gas Storage Amendment (Compliance Measures) Act 2013 as in force on 18 July 2014. It includes any commenced amendment affecting the legislation to that date. This compilation was prepared on 30 July 2014. The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of each amended provision. Uncommenced amendments The effect of uncommenced amendments is not reflected in the text of the compiled law but the text of the amendments is included in the endnotes. Application, saving and transitional provisions for provisions and amendments If the operation of a provision or amendment is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes. Modifications If a provision of the compiled law is affected by a modification that is in force, details are included in the endnotes. Provisions ceasing to have effect If a provision of the compiled law has expired or otherwise ceased to have effect in accordance with a provision of the law, details are included in the endnotes. Contents 1 Short title 2 Commencement 3 Schedule(s) Schedule 1—Monitoring and investigation powers Part 1—Application of the Regulatory Powers (Standard Provisions) Act 2014 Offshore Petroleum and Greenhouse Gas Storage Act 2006 Part 2—Petroleum environmental inspections Offshore Petroleum and Greenhouse Gas Storage Act 2006 Part 3—OHS inspections Offshore Petroleum and Greenhouse Gas Storage Act 2006 Part 4—Consequential amendments Division 1—General amendments Offshore Petroleum and Greenhouse Gas Storage Act 2006 Division 2—NOPSEMA inspectors Offshore Petroleum and Greenhouse Gas Storage Act 2006 Part 5—Transitional, application and savings provisions Schedule 2—Offences and civil penalties Part 1—Offences and civil penalty provisions Offshore Petroleum and Greenhouse Gas Storage Act 2006 Part 2—Civil penalty enforcement Offshore Petroleum and Greenhouse Gas Storage Act 2006 Part 3—Application and transitional Schedule 3—Using and sharing information and things Part 1—Amendments Offshore Petroleum and Greenhouse Gas Storage Act 2006 Part 2—Application and transitional Schedule 4—Joint Authority for Tasmania Part 1—Amendments Offshore Petroleum and Greenhouse Gas Storage Act 2006 Part 2—Transitional Endnotes Endnote 1—About the endnotes Endnote 2—Abbreviation key Endnote 3—Legislation history Endnote 4—Amendment history Endnote 5—Uncommenced amendments [none] Endnote 6—Modifications [none] Endnote 7—Misdescribed amendments [none] Endnote 8—Miscellaneous [none] An Act to amend the Offshore Petroleum and Greenhouse Gas Storage Act 2006, and for other purposes 1 Short title This Act may be cited as the Offshore Petroleum and Greenhouse Gas Storage Amendment (Compliance Measures) Act 2013. 2 Commencement (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms. Commencement information Column 1 Column 2 Column 3 Provision(s) Commencement Date/Details 1. Sections 1 to 3 and anything in this Act not elsewhere covered by this table The day this Act receives the Royal Assent. 14 March 2013 2. Schedule 1 The later of: 1 October 2014 (a) the start of the day after this Act receives the Royal Assent; and (paragraph (b) applies) (b) immediately after the commencement of Parts 2 and 3 of the Regulatory Powers (Standard Provisions) Act 2014. However, the provision(s) do not commence at all if the event mentioned in paragraph (b) does not occur. 3. Schedule 2 The later of: 1 October 2014 (a) the start of the day after this Act receives the Royal Assent; and (paragraph (b) applies) (b) immediately after the commencement of Part 4 of the Regulatory Powers (Standard Provisions) Act 2014. However, the provision(s) do not commence at all if the event mentioned in paragraph (b) does not occur. 4. Schedules 3 and 4 The day after this Act receives the Royal Assent. 15 March 2013 Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act. (2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act. 3 Schedule(s) Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms. Schedule 1—Monitoring and investigation powers Part 1—Application of the Regulatory Powers (Standard Provisions) Act 2014 Offshore Petroleum and Greenhouse Gas Storage Act 2006 1 Section 7 Insert: NOPSEMA inspector means a person appointed as a NOPSEMA inspector under section 602. 2 Section 7 (definition of petroleum project inspector) Repeal the definition. 3 Section 7 Insert: Regulatory Powers Act means the Regulatory Powers (Standard Provisions) Act 2013. 4 Part 6.5 (heading) Repeal the heading, substitute: Part 6.5—Compliance and enforcement 5 Section 599 Omit: • NOPSEMA may appoint petroleum project inspectors, and the petroleum project inspectors may exercise powers of access, inspection and entry for the purposes of this Act and the regulations. substitute: • The CEO may appoint inspectors (called NOPSEMA inspectors). The NOPSEMA inspectors may exercise powers of entry, monitoring and investigation for the purposes of this Act. • The exercise of some of these powers is provided for under Parts 2 and 3 of the Regulatory Powers Act. Those Parts of that Act are applied by this Division with suitable modifications. 6 Sections 600 to 602 Repeal the sections, substitute: 600 Definitions—this Division In this Division: CEO means the Chief Executive Officer of NOPSEMA. evidential material has the same meaning as in the Regulatory Powers Act. facility has the same meaning as in Schedule 3. function includes duty. listed NOPSEMA law: see section 601. operator of a facility has the same meaning as in Schedule 3. petroleum title means: (a) a petroleum exploration permit; or (b) a petroleum retention lease; or (c) a petroleum production licence; or (d) an infrastructure licence; or (e) a pipeline licence; or (f) a petroleum special prospecting authority; or (g) a petroleum access authority; or (h) a petroleum scientific investigation consent. this Act includes a legislative instrument under this Act. 601 Meaning of listed NOPSEMA law (1) For the purposes of this Act, the provisions listed in the following table are the listed NOPSEMA laws, to the extent provided in the column headed "Provisions": Listed NOPSEMA laws Item Provisions Topic 1 Chapter 2 Regulation of activities related to petroleum 2 Chapter 4 Registration of transfers of, and dealings in, petroleum titles 3 Sections 568 and 569 Works and operations obligations of petroleum titleholders 4 Sections 571 and 572, to the extent that the sections apply in relation to petroleum titles Insurance and property obligations of petroleum titleholders 5 Part 6.2 Directions relating to petroleum 6 Division 1 of Part 6.4 Remedial directions for petroleum titleholders 7 Division 1 of Part 6.5 Compliance and enforcement—listed NOPSEMA laws 8 Part 6.6 Safety zones and the area to be avoided 9 Part 6.7, to the extent that the Part applies in relation to petroleum titles Collection of fees and royalties payable to the Titles Administrator or the Commonwealth 10 Division 8 of Part 6.9 Collection of fees and levies payable to NOPSEMA 11 Division 4 of Part 6.10, to the extent that the Division applies in relation to petroleum titles Collection of fees and levies payable to the Titles Administrator 12 Chapter 7 Information relating to petroleum 13 Schedule 2A Petroleum environmental laws: additional NOPSEMA inspection powers 14 Schedule 3 Occupational health and safety (applying to offshore petroleum operations and offshore greenhouse gas storage operations) 15 The provisions of the Offshore Petroleum and Greenhouse Gas Storage (Safety) Regulations 2009 Safety regulation (applying to offshore petroleum operations and offshore greenhouse gas storage operations) 16 The provisions of the Offshore Petroleum and Greenhouse Gas Storage (Environment) Regulations 2009, to the extent that the regulations apply in relation to petroleum titles Environment regulation 17 The provisions of Part 5 of the Offshore Petroleum and Greenhouse Gas Storage (Resource Management and Administration) Regulations 2011, to the extent that the Part applies in relation to petroleum titles Structural integrity of petroleum wells and well operations 18 The provisions of the Offshore Petroleum and Greenhouse Gas Storage (Resource Management and Administration) Regulations 2011 (apart from Part 5), to the extent that the regulations apply in relation to petroleum titles Resource management and administration 19 A provision of a legislative instrument under this Act, if (and to the extent that) it is prescribed by regulation for the purposes of this section As stated in the regulation (2) A listed NOPSEMA law includes a requirement made under a provision listed in the table in subsection (1). 602 NOPSEMA inspectors—appointment Appointment generally (1) The CEO may, in writing, appoint as NOPSEMA inspectors any of the following: (a) a member of the staff of NOPSEMA; (b) an employee of the Commonwealth or of a Commonwealth authority; (c) an employee of a State or of the Northern Territory, or of an authority of a State or of the Northern Territory. (2) Despite subsection (1), the CEO may appoint as NOPSEMA inspectors persons who are not covered by paragraph (1)(a), (b) or (c), if the appointment is for a period, and for the performance of functions, stated in the instrument of appointment. (3) The CEO must not appoint a person as a NOPSEMA inspector unless the CEO is satisfied that the person has suitable training or experience to properly exercise the powers of a NOPSEMA inspector (subject to any limitations as to powers or functions stated in an instrument under subsection (2) or a direction under 602A). Identity cards (4) An identity card issued to a NOPSEMA inspector under the Regulatory Powers Act must: (a) state that the inspector is a NOPSEMA inspector for the purposes of this Act; and (b) if the inspector is appointed subject to any limitations as to powers or functions stated in the instrument of appointment under subsection (2)—state that limitation; and (c) if the appointment is in relation to the Eastern Greater Sunrise offshore area—identify the inspector as a Greater Sunrise visiting inspector. Powers etc. given by State or Territory PSLA (5) In addition to the powers and functions given for the purposes of this Act, a NOPSEMA inspector has all the powers and functions that are given by or under a State PSLA or the Territory PSLA. 602A NOPSEMA inspectors—directions by CEO Directions etc. by the CEO (1) The CEO may give written directions stating conditions subject to which a NOPSEMA inspector's powers may be exercised for the purposes of this Act. If the CEO does so, the inspector's powers must be exercised in accordance with those directions. (2) The CEO may, by written notice, impose conditions (not inconsistent with any directions under subsection (1)) on the exercise of powers, or the performance of functions, by a particular NOPSEMA inspector for the purposes of this Act. If the CEO does so, the inspector's powers and functions are to be exercised or performed subject to those conditions. Status of directions and notices as legislative instruments (3) If a direction under subsection (1) is of general application, the direction is a legislative instrument. (4) If a direction under subsection (1) is not of general application, the direction is not a legislative instrument. (5) A notice under subsection (2) is not a legislative instrument. 602B NOPSEMA inspectors—reimbursement for exercise of powers relating to the Titles Administrator Scope (1) This section applies if a NOPSEMA inspector: (a) engages in activities that are preparatory to the exercise, or the possible exercise, of a power for a purpose that relates to the powers or functions of the Titles Administrator; or (b) exercises a power for a purpose that relates to the powers or functions of the Titles Administrator. Reimbursement (2) NOPSEMA and the Titles Administrator may, with the agreement of the responsible Commonwealth Minister, make a written determination that provides that an amount worked out in accordance with the determination is, on a day worked out in accordance with the determination, to be: (a) debited from the National Offshore Petroleum Titles Administrator Special Account; and (b) credited to the National Offshore Petroleum Safety and Environmental Management Authority Special Account. (3) The Titles Administrator must publish a determination under subsection (2) on the Department's website. (4) A determination under subsection (2) is not a legislative instrument. 602C Listed NOPSEMA laws—monitoring powers (general) Provisions subject to monitoring (1) The listed NOPSEMA laws are subject to monitoring under Part 2 of the Regulatory Powers Act. Note 1: Part 2 of the Regulatory Powers Act creates a framework for monitoring whether the listed NOPSEMA laws have been complied with. It includes powers of entry, search and inspection (see section 20 of that Act). Note 2: For the listed NOPSEMA laws, see section 601. Information subject to monitoring (2) Information given in compliance or purported compliance with one or more of the listed NOPSEMA laws is subject to monitoring under Part 2 of the Regulatory Powers Act. Note: Part 2 of the Regulatory Powers Act creates a framework for monitoring whether the information is correct. It includes powers of entry, search and inspection (see section 20 of that Act). Related provisions (3) For the purposes of Part 2 of the Regulatory Powers Act, each of the following is related to the listed NOPSEMA laws and the information mentioned in subsection (2): (a) a provision for an offence against this Act; (b) a civil penalty provision under this Act; (c) a provision for an offence against the Crimes Act 1914 or the Criminal Code that relates to this Act. Authorised applicant (4) For the purposes of Part 2 of the Regulatory Powers Act, a NOPSEMA inspector is an authorised applicant in relation to both of the following: (a) the listed NOPSEMA laws; (b) the information mentioned in subsection (2). Authorised person (5) For the purposes of Part 2 of the Regulatory Powers Act, a NOPSEMA inspector is an authorised person in relation to both of the following: (a) the listed NOPSEMA laws; (b) the information mentioned in subsection (2). Issuing officer (6) For the purposes of Part 2 of the Regulatory Powers Act, a magistrate, or a Judge of the Federal Circuit Court, is an issuing officer in relation to both of the following: (a) the listed NOPSEMA laws; (b) the information mentioned in subsection (2). Relevant chief executive (7) For the purposes of Part 2 of the Regulatory Powers Act, the CEO is the relevant chief executive in relation to both of the following: (a) the listed NOPSEMA laws; (b) the information mentioned in subsection (2). Relevant court (8) For the purposes of Part 2 of the Regulatory Powers Act, each of the following courts is a relevant court in relation to the listed NOPSEMA laws and the information mentioned in subsection (2): (a) the Federal Court; (b) the Federal Circuit Court; (c) the Supreme Court of a State or Territory. Person assisting (9) For the purposes of Part 2 of the Regulatory Powers Act, a NOPSEMA inspector may be assisted by a member (or members) of the staff of NOPSEMA in exercising powers or performing functions in relation to both of the following: (a) the listed NOPSEMA laws; (b) the information mentioned in subsection (2). Extension to offshore areas (10) Part 2 of the Regulatory Powers Act extends to each offshore area, in the application of that Part in relation to both of the following: (a) the listed NOPSEMA laws; (b) the information mentioned in subsection (2). Note: Under Schedule 3 to this Act, NOPSEMA inspectors may exercise additional powers, and perform additional functions, for the purpose of monitoring listed OHS laws, environmental management laws and structural integrity laws. 602D Listed NOPSEMA laws—investigation powers (general) Offences and civil penalty provisions that are subject to investigation (1) The following are subject to investigation under Part 3 of the Regulatory Powers Act: (a) an offence against a listed NOPSEMA law; (b) a civil penalty provision that is a listed NOPSEMA law; (c) an offence against the Crimes Act 1914 or the Criminal Code that relates to an offence against a listed NOPSEMA law. Note 1: Part 3 of the Regulatory Powers Act creates a framework for investigating whether offences or civil penalty provisions that are subject to investigation have been committed or contravened. It includes powers of entry, search, inspection and seizure (see section 50 of that Act). Note 2: For the listed NOPSEMA laws, see section 601. Related provisions (2) For the purposes of Part 3 of the Regulatory Powers Act, each of the following is related to evidential material that relates to an offence or civil penalty provision mentioned in subsection (1): (a) a provision for an offence against this Act; (b) a civil penalty provision under this Act; (c) a provision for an offence against the Crimes Act 1914 or the Criminal Code that relates to this Act. Authorised applicant (3) For the purposes of Part 3 of the Regulatory Powers Act, a NOPSEMA inspector is an authorised applicant in relation to evidential material that relates to an offence or civil penalty provision mentioned in subsection (1). Authorised person (4) For the purposes of Part 3 of the Regulatory Powers Act, a NOPSEMA inspector is an authorised person in relation to evidential material that relates to an offence or civil penalty provision mentioned in subsection (1). Issuing officer (5) For the purposes of Part 3 of the Regulatory Powers Act, a magistrate, or a Judge of the Federal Circuit Court, is an issuing officer in relation to evidential material that relates to an offence or civil penalty provision mentioned in subsection (1). Relevant chief executive (6) For the purposes of Part 3 of the Regulatory Powers Act, the CEO is the relevant chief executive in relation to evidential material that relates to an offence or civil penalty provision mentioned in subsection (1). Relevant court (7) For the purposes of Part 3 of the Regulatory Powers Act, each of the following courts is a relevant court in relation to evidential material that relates to an offence or civil penalty provision mentioned in subsection (1): (a) the Federal Court; (b) the Federal Circuit Court; (c) the Supreme Court of a State or Territory. Person assisting (8) For the purposes of Part 3 of the Regulatory Powers Act, a NOPSEMA inspector may be assisted by a member (or members) of the staff of NOPSEMA in exercising powers or performing functions in relation to evidential material that relates to an offence or civil penalty provision mentioned in subsection (1). Use of force in executing a warrant (9) In executing an investigation warrant: (a) an authorised person may use such force against things as is necessary and reasonable in the circumstances; and (b) a person assisting the authorised person may use such force against things as is necessary and reasonable in the circumstances. Extension to offshore areas (10) Part 3 of the Regulatory Powers Act, as it applies in relation to an offence or civil penalty provision mentioned in subsection (1), extends to each offshore area. 602E Listed NOPSEMA laws—additional powers Additional powers (1) A NOPSEMA inspector may exercise the powers covered by subsection (2) after entering premises under Part 3 of the Regulatory Powers Act (as it applies under this Division). Powers that may be exercised (2) The powers covered by this subsection are as follows: (a) if the inspector's entry is in connection with a listed NOPSEMA law that is a petroleum environmental law—the power in relation to the premises that the inspector would have, if the inspector had entered the premises for the purposes of a petroleum environmental inspection under Schedule 2A, to issue a do not disturb notice under clause 10 of Schedule 2A; (b) if the inspector's entry is in connection with a listed NOPSEMA law that is a listed OHS law—the powers in relation to the premises that the inspector would have, if the inspector had entered the premises for the purposes of an OHS inspection under Schedule 3, to issue any of the following: (i) a do not disturb notice under clause 76 of Schedule 3; (ii) a prohibition notice under clause 77 of Schedule 3; (iii) an improvement notice under clause 78 of Schedule 3. Application of Schedule 2A and Schedule 3 (3) Schedule 2A applies in relation to the exercise (as provided by this section) of a power covered by paragraph (2)(a) as if the inspector were conducting a petroleum environmental inspection under that Schedule. (4) Schedule 3 applies in relation to the exercise (as provided by this section) of a power covered by paragraph (2)(b) as if the inspector were conducting an OHS inspection under that Schedule. 602F Listed NOPSEMA laws—monitoring and investigation powers (special provisions) Scope (1) This section provides for extended or alternative meanings of terms used in Part 2 or 3 of the Regulatory Powers Act in the application of that Part under this Division. Premises (2) In that application (and without limiting its meaning under that Act) premises includes any vessel, structure or other thing located in an offshore area that is used, or that has been used, for the purposes of either of the following (within the meaning of Part 6.9): (a) offshore petroleum operations; (b) offshore greenhouse gas storage operations. Examples of premises: (a) a facility (within the meaning of Schedule 3); and (b) an infrastructure facility (see section 15); and (c) a petroleum pipeline. Occupiers of premises located offshore (3) In that application, but only in relation to the exercise of powers by a NOPSEMA inspector at premises that are located in an offshore area, occupier means: (a) in the case of the exercise of powers at a facility in relation to a listed NOPSEMA law that is a listed OHS law—the operator's representative at the facility (within the meaning of Schedule 3); or (b) if paragraph (a) does not apply, and the premises are a vessel under the command or charge of a master—the master; or (c) if paragraphs (a) and (b) do not apply, and the powers are exercised in relation to any listed NOPSEMA law that is a petroleum environmental law—the titleholder's representative (if any) at the premises; or (d) if there is no occupier at the premises as provided under paragraph (a), (b) or (c)—the person at the premises who appears to be in overall control of the premises. Note: In the case of premises that are not located in an offshore area, occupier would have its ordinary meaning as applied under the Regulatory Powers Act. 602G Listed NOPSEMA laws—monitoring and investigation powers (reasonable facilities and assistance) Scope (1) This section applies if any powers are to be exercised by a NOPSEMA inspector under the Regulatory Powers Act as it applies under this Division in relation to premises that are located in an offshore area. Note: For the meaning of premises in this context, see section 602F. Reasonable facilities and assistance (2) For the purposes of the application of section 32 or 64 of the Regulatory Powers Act under this Division, in addition to any facilities or assistance that must otherwise be provided under those sections in that application, the responsible person must provide: (a) appropriate transport to or from the premises for the following: (i) the NOPSEMA inspector; (ii) any person assisting the inspector (within the meaning of section 24 or 54 of the Regulatory Powers Act as that section applies under this Division); (iii) any equipment required by the inspector; (iv) any thing of which the inspector has taken possession; and (b) reasonable accommodation and means of subsistence for the inspector, and any such person assisting the inspector, while the inspector is at the premises. Note: A NOPSEMA inspector may be assisted by a member of staff of NOPSEMA (see sections 602C and 602D). Any such assistance must be necessary and reasonable (see sections 24 and 54 of the Regulatory Powers Act). (3) In this section: responsible person means: (a) if the powers are to be exercised in relation to a facility—the operator of the facility; or (b) in any other case—the registered holder of a petroleum title in relation to which the powers are to be exercised. 602H Listed NOPSEMA laws—monitoring and investigation powers (Greater Sunrise visiting inspectors) (1) For the purposes of this Act, a Greater Sunrise visiting inspector who produces, at a reasonable time, the inspector's identity card: (a) is to be given access to the regions in the following areas: (i) the Eastern Greater Sunrise offshore area; (ii) the Principal Northern Territory offshore area; and (b) is to be given access to any structure, vessel, aircraft or building in that region that, in that inspector's opinion, contains any equipment used to measure amounts of petroleum recovered from one or more of the Greater Sunrise unit reservoirs; and (c) may inspect and test any equipment that, in that inspector's opinion, is being used in that region to measure amounts of petroleum recovered from one or more of the Greater Sunrise unit reservoirs. Note: A Greater Sunrise visiting inspector is a NOPSEMA inspector whose identity card identifies the inspector as such (see subsection 602(4)). (2) A Greater Sunrise visiting inspector must not, in his or her capacity as such, exercise any other powers of a NOPSEMA inspector under the Regulatory Powers Act (as applied by this Division), or otherwise under this Act. 602J Petroleum environmental laws—additional powers NOPSEMA and NOPSEMA inspectors have the powers and functions given by Schedule 2A in relation to the petroleum environmental laws. 602K NOPSEMA inspections—titleholder's representative Scope (1) This section applies in relation to an inspection by a NOPSEMA inspector at offshore premises that is wholly or partly in relation to a titleholder's compliance with the titleholder's obligations. Meaning of titleholder's representative (2) For the purposes of this Act, a titleholder's representative is a person nominated by the titleholder under this section who is present at the offshore premises in compliance with a requirement imposed on the titleholder by paragraph (5)(b). Nomination of titleholder representative (3) For the purposes of an inspection, a NOPSEMA inspector may, by written notice to the titleholder, require the titleholder to nominate a representative to be present at offshore premises at the time stated in the notice. (4) Subsection (3) does not imply that, if the titleholder is an individual, the nominated representative of the titleholder may not be that individual. (5) The titleholder must: (a) by written notice to the NOPSEMA inspector, nominate a representative as required by the notice under subsection (3); and (b) take all reasonably practicable steps to ensure that the nominated representative is present at the offshore premises at the time stated in the notice, and remains at the offshore premises after the stated time until no longer required for the purposes of the inspection. Offence (6) A person commits an offence of strict liability if: (a) the person is subject to a requirement under subsection (5); and (b) the person omits to do an act; and (c) the omission breaches the requirement. Penalty: 50 penalty units. Note: For strict liability, see section 6.1 of the Criminal Code. Civil penalty (7) A person who is subject to a requirement under subsection (5) must comply with the requirement. Civil penalty: 135 penalty units. Definitions (8) In this section: greenhouse gas title means: (a) a greenhouse gas assessment permit; or (b) a greenhouse gas holding lease; or (c) a greenhouse gas injection licence. inspection means: (a) an inspection under Part 2 or 3 of the Regulatory Powers Act, as applied by this Division; or (b) a petroleum environmental inspection under Schedule 2A; or (c) an OHS inspection under Part 4 of Schedule 3. offshore premises means: (a) a facility; or (b) offshore petroleum premises within the meaning of Schedule 2A (which deals with inspections concerning petroleum environmental laws). petroleum title: see section 600. titleholder means the registered holder of: (a) a petroleum title; or (b) a greenhouse gas title. titleholder's obligations means the obligations of a titleholder to comply with: (a) for an inspection under Part 2 or 3 of the Regulatory Powers Act, as applied by this Division—a listed NOPSEMA law; or (b) for a petroleum environmental inspection under Schedule 2A—a petroleum environmental law; or (c) for an OHS inspection under Part 4 of Schedule 3: (i) clause 13A of Schedule 3 (petroleum titleholder duty of care); or (ii) Part 5 of the Offshore Petroleum and Greenhouse Gas Storage (Resource Management and Administration) Regulations 2011, to the extent that the Part relates to petroleum titles; or (iii) clause 13B of Schedule 3 (greenhouse gas titleholder duty of care). 602L Listed NOPSEMA laws—monitoring and investigation powers (relationship with other powers) The exercise or performance by a NOPSEMA inspector (or any other person) of a power or function under Part 2 or 3 of the Regulatory Powers Act, as it applies under this Division: (a) does not prevent the inspector (or other person) from exercising or performing a power or function under any provision of this Act; and (b) is not prevented by the exercise or performance by a NOPSEMA inspector (or any other person) of a power or function under any provision of this Act. Note: NOPSEMA inspectors may also exercise other powers under this Act. For example: (a) under section 602J and Schedule 2A, in relation to provisions of this Act that are petroleum environmental laws; and (b) under Part 6.8 and Schedule 3, in relation to provisions of this Act that are listed OHS laws. 7 Division 6 of Part 6.9 of Chapter 6 Repeal the Division. 8 At the end of Part 9.11 Add: 790A Regulations dealing with the Regulatory Powers Act Regulations may: (a) make a provision of a regulation a civil penalty provision (see Part 4 of the Regulatory Powers Act); and (b) modify the Regulatory Powers Act as it applies in relation to a regulation. Part 2—Petroleum environmental inspections Offshore Petroleum and Greenhouse Gas Storage Act 2006 9 After Schedule 2 Insert: Schedule 2A—Petroleum environmental laws: additional NOPSEMA inspection powers Note: See section 602J. Part 1—Introduction 1 Simplified outline The following is a simplified outline of this Schedule: • This Schedule covers those provisions of this Act (called petroleum environmental laws) that concern offshore petroleum management in Commonwealth waters (see clause 2). • NOPSEMA inspectors may conduct an inspection (called a petroleum environmental inspection) to monitor compliance with petroleum environmental laws. • A NOPSEMA inspector must prepare a report about an inspection and give the report to NOPSEMA. • The powers that a NOPSEMA inspector may exercise for the purposes of a petroleum environmental inspection are in addition to the powers in relation to petroleum environmental laws that the inspector may exercise for the purposes of Division 1 of Part 6.5 of this Act. 2 Definitions In this Schedule: Commonwealth waters has the same meaning as in Part 6.9 of this Act. do not disturb notice means a notice issued under clause 10. enter, when used in relation to offshore petroleum premises that are a vessel, includes board. facility: means a facility, within the meaning of Schedule 3, that is or is to be used, or has been used, for offshore petroleum operations (within the meaning of Part 6.9 of this Act). master, in relation to a vessel, means the person having command or charge of the vessel. offence against a petroleum environmental law: see clause 14. offshore petroleum premises means any of the following, if located in Commonwealth waters: (a) a facility; (b) an infrastructure facility that is (or has been) the subject of an infrastructure licence, and that is or is to be operated, or that has been operated, for petroleum activities, as mentioned in subsection 15(2); (c) a vessel that is or is to be used, or that has been used, to carry out a seismic survey for the purposes of petroleum exploration; (d) any other premises, other than a vessel under the command or charge of a master, that are or are to be used, or that have been used, for the carrying out of an activity in connection with the exercise of a titleholder's rights, or the performance of a titleholder's obligations, under this Act. operator, in relation to a facility, has the same meaning as in Schedule 3. operator's representative at the facility has the same meaning as in Schedule 3. own includes own jointly or own in part. petroleum environmental inspection: see clause 3. petroleum environmental law: (a) means the provisions of this Act, to the extent to which the provisions relate to offshore petroleum environmental management (within the meaning of Part 6.9 of this Act) in relation to Commonwealth waters; and (b) includes a requirement made under a provision of this Act, to the extent mentioned in paragraph (a). petroleum title means: (a) a petroleum exploration permit; or (b) a petroleum retention lease; or (c) a petroleum production licence; or (d) an infrastructure licence; or (e) a pipeline licence; or (f) a petroleum special prospecting authority; or (g) a petroleum access authority; or (h) a petroleum scientific investigation consent. plant includes any machinery, equipment or tool, or any component. premises has the same meaning as in the Regulatory Powers Act in its application under Division 1 of Part 6.5 of this Act (see section 602F of this Act). regulated business premises means premises, other than offshore petroleum premises, that are: (a) occupied by the registered holder of a petroleum title; and (b) used, or proposed to be used, wholly or principally in connection with operations in relation to one or more petroleum titles, including that petroleum title. this Act includes a legislative instrument under this Act. titleholder means the registered holder of a petroleum title. titleholder's representative, in relation to a titleholder within the meaning of this Schedule, has the meaning given by section 602K. Part 2—Petroleum environmental inspections Division 1—Petroleum environmental inspections: general provisions 3 Petroleum environmental inspections—nature of inspections What is a petroleum environmental inspection? (1) A petroleum environmental inspection is an inspection under this Part. Such an inspection: (a) includes an investigation or inquiry; and (b) need not include a physical inspection of any premises or thing. Inspections—general power (2) A NOPSEMA inspector may, at any time, conduct a petroleum environmental inspection: (a) to determine whether a petroleum environmental law has been, or is being, complied with; or (b) to determine whether information given in compliance, or purported compliance, with a petroleum environmental law is correct. The inspection may be conducted at the inspector's own initiative or in compliance with a direction under subclause (3). Inspections—directed by NOPSEMA (3) NOPSEMA may give a written direction to a NOPSEMA inspector to conduct a petroleum environmental inspection. (4) The NOPSEMA inspector must conduct a petroleum environmental inspection as directed under subclause (3). 4 Petroleum environmental inspections—offshore petroleum premises Power to enter and search (1) A NOPSEMA inspector may, for the purposes of a petroleum environmental inspection, at any reasonable time during the day or night: (a) enter offshore petroleum premises at which activities to which the inspection relates are being, or have been, carried on, and do any or all of the following: (i) search the premises; (ii) inspect, examine or measure, or conduct tests concerning, the premises (including any part of the premises and any plant, substance or thing at the premises); (iii) take photographs of, make video recordings of, or make sketches of, the premises (including any part of the premises and any plant, substance or thing at the premises); (iv) inspect, take extracts from, or make copies of, any documents at the premises that the inspector is satisfied on reasonable grounds relate, or are likely to relate, to the subject matter of the inspection; and (b) inspect the seabed and subsoil in the vicinity of the offshore petroleum premises to which the inspection relates. Notification of entry (2) Immediately on entering the offshore petroleum premises for the purposes of the inspection, a NOPSEMA inspector must take reasonable steps to notify the purpose of the entry to the following person (the occupier): (a) if the premises are a vessel under the command or charge of a master—the master; (b) if paragraph (a) does not apply: (i) the titleholder's representative at the premises who is nominated for the inspection; or (ii) if there is no titleholder's representative at the premises—the person at the premises who appears to be in overall control of the premises. (3) The inspector must, on being requested to do so by the occupier, produce for inspection by the occupier: (a) the inspector's identity card; and (b) a copy of NOPSEMA's written direction (if any) to conduct the inspection; and (c) a copy of any directions given by the CEO under section 602A in relation to the exercise of the inspector's powers. 5 Petroleum environmental inspections—regulated business premises Power to enter and search (1) A NOPSEMA inspector may, for the purposes of a petroleum environmental inspection: (a) at any reasonable time, enter any regulated business premises if the inspector is satisfied on reasonable grounds that there are likely to be at those premises documents or things that relate to: (i) operations conducted for the purposes of a petroleum title; or (ii) compliance or non‑compliance with a petroleum environmental law; and (b) search for, inspect, take extracts from, or make copies of, any such documents at those premises. Notification of entry (2) Immediately on entering regulated business premises for the purposes of an inspection, a NOPSEMA inspector must take reasonable steps to notify the purpose of the entry to the occupier of the premises. (3) The inspector must, on being requested to do so by the occupier, produce for inspection by the occupier: (a) the inspector's identity card; and (b) a copy of NOPSEMA's written direction (if any) to conduct the inspection; and (c) a copy of any directions issued by NOPSEMA under section 602A in relation to the exercise of the inspector's powers. 6 Petroleum environmental inspections—obstructing or hindering NOPSEMA inspector (1) A person commits an offence if: (a) the person engages in conduct; and (b) the conduct obstructs or hinders a NOPSEMA inspector in the exercise of the inspector's powers under clause 4 or 5. Penalty: 60 penalty units. (2) A person is liable for a civil penalty if the person obstructs or hinders a NOPSEMA inspector in the exercise of the inspector's powers under clause 4 or 5. Civil penalty: 135 penalty units. (3) Subclause (1) or (2) does not apply if the person has a reasonable excuse. Note 1: In proceedings for an offence against subclause (1), the defendant bears an evidential burden in relation to the matter in subclause (3)—see subsection 13.3(3) of the Criminal Code. The same applies in proceedings for a civil penalty under subclause (2). Note 2: See also Part 2.3 of the Criminal Code (circumstances in which there is no criminal responsibility). Note 3: The same conduct may be an offence against both subclause (1) of this clause and section 149.1 of the Criminal Code. Division 2—Petroleum environmental inspections: compliance powers 7 Petroleum environmental inspections—power to require assistance Requirement to provide assistance (1) A NOPSEMA inspector may, to the extent that it is reasonably necessary to do so in connection with the conduct of a petroleum environmental inspection at or near offshore petroleum premises in relation to a petroleum title, require: (a) the titleholder; or (b) the titleholder's representative at the premises who is nominated for the inspection; to provide the inspector with reasonable assistance and facilities: (c) that is or are reasonably connected with the conduct of the inspection at or near the premises; or (d) for the effective exercise of the inspector's powers in connection with the conduct of the inspection at or near the premises. (2) The reasonable assistance referred to in subclause (1) includes, so far as the titleholder is concerned: (a) appropriate transport to or from the premises for the inspector and for any equipment required by the inspector, or any thing of which the NOPSEMA inspector has taken possession; and (b) reasonable accommodation and means of subsistence while the inspector is at the premises. Offence (3) A person commits an offence if: (a) the person is subject to a requirement under this clause; and (b) the person omits to do an act; and (c) the omission breaches the requirement. Penalty: Imprisonment for 6 months or 60 penalty units, or both. (4) Subclause (3) does not apply if the person has a reasonable excuse. Note 1: A defendant bears an evidential burden in relation to the matter in subclause (4)—see subsection 13.3(3) of the Criminal Code. Note 2: See also Part 2.3 of the Criminal Code (circumstances in which there is no criminal responsibility). 8 Petroleum environmental inspections—powers to require information, and the production of documents and things Requirement to answer questions (1) If: (a) a NOPSEMA inspector is satisfied on reasonable grounds that a person is capable of answering a question that is reasonably connected with the conduct of a petroleum environmental inspection in relation to a petroleum title; and (b) the person is: (i) the titleholder; or (ii) in the case of an inspection at offshore petroleum premises—the titleholder's representative at the premises who is nominated for the inspection, or any person engaged in petroleum activities at the premises; or (iii) in the case of an inspection at regulated business premises—any person representing the titleholder; the inspector may, to the extent that it is reasonably necessary to do so in connection with the conduct of the inspection, require the person to answer the question put by the inspector. (2) If, at the time when a requirement under subclause (1) is imposed on a person, the person is not physically present at offshore petroleum premises or regulated business premises, the person is not obliged to comply with the requirement unless the requirement: (a) is in writing; and (b) specifies the day on or before which the question is to be answered; and (c) is accompanied by a statement to the effect that a failure to comply with the requirement is an offence. The day specified under paragraph (b) must be at least 14 days after the day the requirement is imposed. Requirement to produce documents or things (3) If: (a) a NOPSEMA inspector is satisfied on reasonable grounds that a person is capable of producing a document or thing that is reasonably connected with the conduct of a petroleum environmental inspection in relation to a petroleum title; and (b) the person is: (i) the titleholder; or (ii) in the case of an inspection at offshore petroleum premises—the titleholder's representative at the premises who is nominated for the inspection, or any person engaged in petroleum activities at the premises; or (iii) in the case of an inspection at regulated business premises—any person representing the titleholder; the inspector may, to the extent that it is reasonably necessary to do so in connection with the conduct of the inspection, require the person to produce the document or thing. (4) If, at the time when a requirement under subclause (3) is imposed on a person, the person is not physically present at offshore petroleum premises or regulated business premises, the person is not obliged to comply with the requirement unless the requirement: (a) is in writing; and (b) specifies the day on or before which the document or thing is to be produced; and (c) is accompanied by a statement to the effect that a failure to comply with the requirement is an offence. The day specified under paragraph (b) must be at least 14 days after the day the requirement is imposed. Offence (5) A person commits an offence if: (a) the person is subject to a requirement under this clause; and (b) the person omits to do an act; and (c) the omission breaches the requirement. Penalty: Imprisonment for 6 months or 60 penalty units, or both. (6) Subclause (5) does not apply if the person has a reasonable excuse. Note 1: A defendant bears an evidential burden in relation to the matter in subclause (6)—see subsection 13.3(3) of the Criminal Code. Note 2: See also Part 2.3 of the Criminal Code (circumstances in which there is no criminal responsibility). False information (7) A person commits an offence if: (a) the person gives information to another person; and (b) the person does so knowing that the information is false or misleading in a material particular; and (c) the information is given in compliance or purported compliance with a requirement under this clause. Penalty: Imprisonment for 6 months or 60 penalty units, or both. Note: The same conduct may be an offence against both subclause (7) of this clause and section 137.1 of the Criminal Code. Self‑incrimination (8) A person is not excused from answering a question or producing a document or thing when required to do so under subclause (1) or (3) on the ground that the answer to the question, or the production of the document or thing, may tend to incriminate the person or make the person liable to a penalty. (9) However: (a) the answer given or document or thing produced; or (b) answering the question or producing the document or thing; or (c) any information, document or thing obtained as a direct or indirect consequence of the answering of the question or the production of the document or thing; is not admissible in evidence against the person: (d) in any civil proceedings; or (e) in any criminal proceedings other than: (i) proceedings for an offence against this clause; or (ii) proceedings for an offence against section 137.1 or 137.2 of the Criminal Code that relates to this clause. 9 Petroleum environmental inspections—power to take possession of plant and samples etc. Power to take possession or samples (1) In conducting a petroleum environmental inspection in relation to a petroleum title, a NOPSEMA inspector may, to the extent that it is reasonably necessary for the purposes of inspecting, examining or measuring, or conducting tests concerning, any plant, substance or thing at offshore petroleum premises in connection with the inspection: (a) take possession of the plant, substance or thing and remove it from the premises; or (b) take a sample of the substance or thing and remove that sample from the premises. Notice (2) On taking possession of plant, a substance or a thing, or taking a sample of a substance or thing, the inspector must, by written notice, inform the following persons of the taking of possession or the taking of the sample, and the reasons for it: (a) in any case: (i) the titleholder's representative at the premises who is nominated for the inspection; or (ii) if there is no titleholder's representative at the premises—the titleholder; (b) if the premises are a facility—the operator's representative at the facility; (c) if the premises are a vessel under the command or charge of a master—the master; (d) if the plant, substance or thing is owned by a person other than a person mentioned in paragraph (a), (b) or (c)—that owner. Display of notice (3) The following person must cause the notice to be displayed in a prominent place at the premises: (a) if the premises are a facility—the operator's representative at the facility; (b) in any other case—the person notified under paragraph (2)(a). Note: The person notified under paragraph (2)(a) is either the titleholder's representative or the titleholder. Duties of NOPSEMA inspector (4) If the NOPSEMA inspector takes possession of plant, a substance or a thing for the purpose of inspecting, examining or measuring, or conducting tests concerning, the plant, substance or thing, the inspector must: (a) ensure that the inspection, examination, measuring or testing is conducted as soon as practicable; and (b) return it to the premises as soon as practicable afterwards. (5) As soon as practicable after completing any such inspection, examination, measurement or testing, the inspector must give a written statement setting out the results to each person the inspector is required to notify under subclause (2). 10 Petroleum environmental inspections—do not disturb notices (general) Scope (1) This clause applies if a NOPSEMA inspector is conducting a petroleum environmental inspection in relation to offshore petroleum premises. When a notice may be issued (2) A NOPSEMA inspector may issue a do not disturb notice to a titleholder, in writing, under this clause if the inspector is satisfied on reasonable grounds that it is reasonably necessary to issue the notice in order to allow the inspection, examination or measurement of, or the conducting of tests concerning: (a) the premises; or (b) particular plant, or a particular substance or thing, at the premises. Issue of notice (3) Without limiting the way in which the notice may be issued, the notice may be issued to the titleholder by being given to the titleholder's representative at the premises who is nominated for the inspection. Contents of notice (4) The notice must: (a) direct the titleholder to take all reasonably practicable steps to ensure that one or more of the following are not disturbed for a period specified in the notice: (i) a particular part of the premises; (ii) particular plant, or a particular substance or thing, at the premises; and (b) set out the reasons for the inspector's decision to issue the notice. (5) The period specified in the notice must be a period that the inspector is satisfied on reasonable grounds is necessary in order to allow the inspection, examination, measuring or testing to take place. Renewal of notice (6) The notice may be renewed by another notice in the same terms. Offence (7) A person commits an offence if: (a) the person is subject to a do not disturb notice; and (b) the person omits to do an act; and (c) the omission breaches the notice. Penalty for contravention of subclause (7): 300 penalty units. 11 Petroleum environmental inspections—do not disturb notices (notification and display) Notice to interested persons (1) As soon as practicable after issuing a do not disturb notice, the NOPSEMA inspector must take reasonable steps to give a copy of the notice to the following persons: (a) if the premises are a facility—the operator's representative at the facility; (b) if the premises are a vessel under the command or charge of a master—the master; (c) if the premises are, or the plant, substance or thing is, owned by a person other than the titleholder or operator—that owner. Display of direction (2) The following person must cause a copy of a do not disturb notice to be displayed in a prominent place at the premises: (a) if the premises are a facility—the operator's representative at the facility; (b) in any other case: (i) if the notice is given to the titleholder's representative under subclause 10(3)—the titleholder's representative; or (ii) if the notice is not given to the titleholder's representative—the titleholder. 12 Petroleum environmental inspections—tampering with and removing notices Tampering with notice (1) A person must not tamper with any notice that has been displayed under subclause 9(3) or 11(2) while that notice is so displayed. Removing notice (2) If a notice has been displayed under subclause 9(3), a person must not remove the notice until the plant, substance or thing to which the notice relates is returned to the premises from which it was removed. (3) If a notice has been displayed under subclause 11(2), a person must not remove the notice before the notice has ceased to have effect. Offence (4) A person commits an offence if: (a) the person is subject to a requirement under subclause (1), (2) or (3); and (b) the person engages in conduct; and (c) the conduct breaches the requirement. Penalty: 50 penalty units. (5) Subclause (4) does not apply if the person has a reasonable excuse. Note 1: A defendant bears an evidential burden in relation to the matter in subclause (5)—see subsection 13.3(3) of the Criminal Code. Note 2: See also Part 2.3 of the Criminal Code (circumstances in which there is no criminal responsibility). (6) An offence against subclause (4) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code. Division 3—Reports: inspections concerning petroleum environmental laws 13 Reports on inspections concerning petroleum environmental laws Scope (1) This section applies if a NOPSEMA inspector has conducted either of the following inspections in relation to a petroleum environmental law: (a) a petroleum environmental inspection (under this Part); (b) an inspection for the purposes of Division 1 of Part 6.5 of this Act. Report to be given to NOPSEMA (2) If a NOPSEMA inspector has conducted a petroleum environmental inspection in relation to a petroleum title, the inspector must, as soon as practicable, prepare a written report relating to the inspection and give the report to NOPSEMA. (3) The report must include: (a) the NOPSEMA inspector's conclusions from conducting the inspection and the reasons for those conclusions; and (b) any recommendations that the NOPSEMA inspector wishes to make arising from the inspection; and (c) such other matters (if any) as are prescribed by regulation. Copies of report to be given to titleholder (4) As soon as practicable after receiving the report, NOPSEMA must give a copy of the report, together with any written comments that it wishes to make, to the titleholder. Details of remedial action etc. (5) NOPSEMA may, in writing, request the titleholder to provide to NOPSEMA, within a reasonable period specified in the request, details of any action proposed to be taken as a result of the conclusions or recommendations contained in the report. (6) The titleholder must comply with a request under subclause (5). Part 3—General 14 Meaning of offence against a petroleum environmental law In this Schedule: offence against a petroleum environmental law includes an offence against section 6 of the Crimes Act 1914 that relates to an offence against a petroleum environmental law. Note: For other ancillary offences, see section 11.6 of the Criminal Code. 15 Offences against petroleum environmental laws—prosecutions Proceedings for an offence against a petroleum environmental law may be instituted by NOPSEMA or by a NOPSEMA inspector. 16 Offences against petroleum environmental laws—conduct of directors, employees and agents Scope (1) This clause has effect for the purposes of a proceeding for an offence against a petroleum environmental law. State of mind of a body corporate (2) If it is necessary to establish the state of mind of a body corporate in relation to particular conduct, it is sufficient to show: (a) that the conduct was engaged in by a director, employee or agent of the body corporate within the scope of actual or apparent authority; and (b) that the director, employee or agent had the state of mind. Conduct of a body corporate (3) Any conduct engaged in on behalf of a body corporate by a director, employee or agent of the body corporate within the scope of actual or apparent authority is taken to have been engaged in also by the body corporate unless it establishes that it took reasonable precautions and exercised due diligence to avoid the conduct. State of mind of an individual (4) If it is necessary to establish the state of mind of an individual in relation to particular conduct, it is sufficient to show: (a) that the conduct was engaged in by an employee or agent of the individual within the scope of actual or apparent authority; and (b) that the employee or agent had the state of mind. Conduct of an individual (5) Any conduct engaged in on behalf of an individual by an employee or agent of the individual within the scope of actual or apparent authority is taken to have been engaged in also by the individual unless the individual establishes that he or she took reasonable precautions and exercised due diligence to avoid the conduct. Limitation on imprisonment (6) If: (a) an individual is convicted of an offence; and (b) he or she would not have been convicted of the offence if subclauses (4) and (5) had not been enacted; he or she is not liable to be punished by imprisonment for that offence. Extended meaning of state of mind (7) A reference in subclause (2) or (4) to the state of mind of a person includes a reference to: (a) the person's knowledge, intention, opinion, belief or purpose; and (b) the person's reasons for the intention, opinion, belief or purpose. Disapplication of Part 2.5 of the Criminal Code (8) Part 2.5 of the Criminal Code does not apply to an offence against a petroleum environmental law. 17 Petroleum environmental inspections—civil proceedings (1) This Schedule does not: (a) confer a right of action in any civil proceeding in respect of any contravention of a provision of a petroleum environmental law; or (b) confer a defence to an action in any civil proceeding or otherwise affect a right of action in any civil proceeding. (2) However, subclause (1) does not apply in relation to the enforcement, for the purposes of Division 4 of Part 6.5 of this Act, of a petroleum environmental law that is a civil penalty provision. 18 Offences against petroleum environmental laws—defence of circumstances preventing compliance It is a defence to a prosecution for refusing or failing to do anything required by a petroleum environmental law if the de