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Offshore Petroleum and Greenhouse Gas Storage Act 2006

Authoritative Version
  • - C2018C00151
  • In force - Superseded Version
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Act No. 14 of 2006 as amended, taking into account amendments up to Home Affairs and Integrity Agencies Legislation Amendment Act 2018
An Act about petroleum exploration and recovery, and the injection and storage of greenhouse gas substances, in offshore areas, and for other purposes
Administered by: Industry, Innovation and Science
Registered 11 May 2018
Start Date 11 May 2018
End Date 30 Jun 2019
Table of contents.

Commonwealth Coat of Arms of Australia

Offshore Petroleum and Greenhouse Gas Storage Act 2006

No. 14, 2006

Compilation No. 40

Compilation date:                              11 May 2018

Includes amendments up to:            Act No. 31, 2018

Registered:                                         11 May 2018

This compilation is in 3 volumes

Volume 1:       sections 1–465

Volume 2:       sections 466–791

Volume 3:       Schedules

                        Endnotes

Each volume has its own contents

 

About this compilation

This compilation

This is a compilation of the Offshore Petroleum and Greenhouse Gas Storage Act 2006 that shows the text of the law as amended and in force on 11 May 2018 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.

Self‑repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

  

  

  


Contents

Schedule 1—Scheduled areas for the States and Territories 1

1............ Scheduled area for New South Wales................................................. 1

2............ Scheduled area for Victoria................................................................. 3

3............ Scheduled area for Queensland........................................................... 4

4............ Scheduled area for South Australia..................................................... 8

5............ Scheduled area for Western Australia................................................. 9

6............ Scheduled area for Tasmania............................................................. 14

7............ Scheduled area for the Northern Territory......................................... 18

8............ Scheduled area for the Territory of Ashmore and Cartier Islands..... 21

9............ References to this Schedule in other laws......................................... 24

Schedule 2—Area that includes the area to be avoided      25

1............ Area that includes the area to be avoided........................................... 25

Schedule 2A—Petroleum environmental laws: additional NOPSEMA inspection powers                                                                                                      26

Part 1—Introduction                                                                                                          26

1............ Simplified outline.............................................................................. 26

2............ Definitions........................................................................................ 27

Part 2—Petroleum environmental inspections                                                   30

Division 1—Petroleum environmental inspections: general provisions 30

3............ Petroleum environmental inspections—nature of inspections........... 30

4............ Petroleum environmental inspections—offshore petroleum premises 31

5............ Petroleum environmental inspections—regulated business premises 32

6............ Petroleum environmental inspections—obstructing or hindering NOPSEMA inspector         33

Division 2—Petroleum environmental inspections: compliance powers                34

7............ Petroleum environmental inspections—power to require assistance. 34

8............ Petroleum environmental inspections—powers to require information, and the production of documents and things.......................................................................................................... 35

9............ Petroleum environmental inspections—power to take possession of plant and samples etc.    38

10.......... Petroleum environmental inspections—environmental do not disturb notices (general)           40

11.......... Petroleum environmental inspections—environmental do not disturb notices (notification and display)  41

11A....... Petroleum environmental inspections—environmental prohibition notices (issue)   42

11B....... Petroleum environmental inspections—environmental prohibition notices (notification)         45

11C....... Petroleum environmental inspections—environmental improvement notices (issue)                46

11D....... Petroleum environmental inspections—environmental improvement notices (compliance and notification)             48

12.......... Petroleum environmental inspections—tampering with and removing notices         49

12A....... Petroleum environmental inspections—publishing environmental prohibition notices and environmental improvement notices............................................................................................... 50

Division 3—Reports: inspections concerning petroleum environmental laws    52

13.......... Reports on inspections concerning petroleum environmental laws... 52

Part 3—General                                                                                                                    54

14.......... Meaning of offence against a petroleum environmental law............. 54

15.......... Offences against petroleum environmental laws—prosecutions....... 54

16.......... Offences against petroleum environmental laws—conduct of directors, employees and agents               54

17.......... Petroleum environmental inspections—civil proceedings................. 56

18.......... Offences against petroleum environmental laws—defence of circumstances preventing compliance       56

Schedule 3—Occupational health and safety                                 57

Part 1—Introduction                                                                                                          57

1............ Objects.............................................................................................. 57

2............ Simplified outline.............................................................................. 57

3............ Definitions........................................................................................ 59

4............ Facilities............................................................................................ 64

5............ Operator of a facility or proposed facility.......................................... 69

6............ Operator must ensure presence of operator’s representative............. 69

7............ Health and safety of persons using an accommodation facility......... 70

8............ Contractor......................................................................................... 71

8A......... When a petroleum title is derived from another petroleum title.......... 71

8B......... When a greenhouse gas title is derived from another greenhouse gas title                72

Part 2—Occupational health and safety                                                                74

Division 1—Duties relating to occupational health and safety             74

9............ Duties of operator............................................................................. 74

10.......... Duties of persons in control of parts of facility or particular work.... 76

11.......... Duties of employers.......................................................................... 77

12.......... Duties of manufacturers in relation to plant and substances.............. 79

13.......... Duties of suppliers of facilities, plant and substances....................... 81

13A....... Duties of petroleum titleholders in relation to wells.......................... 83

13B....... Duties of greenhouse gas titleholders in relation to wells.................. 85

14.......... Duties of persons erecting facilities or installing plant...................... 87

15.......... Duties of persons in relation to occupational health and safety......... 88

16.......... Reliance on information supplied or results of research.................... 89

Division 1A—Occupational health and safety duties: enforcement   92

16A....... Meaning of health and safety requirement........................................ 92

16B....... Occupational health and safety duties offence—recklessness........... 92

16C....... Occupational health and safety duties offence—negligence.............. 93

Division 2—Regulations relating to occupational health and safety 94

17.......... Regulations relating to occupational health and safety....................... 94

Part 3—Workplace arrangements                                                                             96

Division 1—Introduction                                                                                          96

18.......... Simplified outline.............................................................................. 96

Division 2—Designated work groups                                                                 97

Subdivision A—Establishment of designated work groups                           97

19.......... Establishment of designated work groups by request....................... 97

20.......... Establishment of designated work groups at initiative of operator.... 98

Subdivision B—Variation of designated work groups                                   98

21.......... Variation of designated work groups by request............................... 98

22.......... Variation of designated work groups at initiative of operator.......... 100

Subdivision C—General                                                                                       101

23.......... Referral of disagreement to reviewing authority.............................. 101

24.......... Manner of grouping members of the workforce............................. 101

Division 3—Health and safety representatives                                           103

Subdivision A—Selection of health and safety representatives                  103

25.......... Selection of health and safety representatives.................................. 103

26.......... Election of health and safety representatives................................... 103

27.......... List of health and safety representatives.......................................... 105

28.......... Members of designated work group must be notified of selection etc. of health and safety representative               105

29.......... Term of office................................................................................. 105

30.......... Training of health and safety representatives................................... 106

31.......... Resignation etc. of health and safety representatives....................... 106

32.......... Disqualification of health and safety representatives....................... 107

33.......... Deputy health and safety representatives......................................... 109

Subdivision B—Powers of health and safety representatives                     109

34.......... Powers of health and safety representatives.................................... 109

35.......... Assistance by consultant................................................................. 111

36.......... Information..................................................................................... 112

37.......... Obligations and liabilities of health and safety representatives........ 112

38.......... Provisional OHS improvement notices—issue and notification...... 113

39.......... Provisional OHS improvement notices—effect.............................. 115

Subdivision C—Duties of the operator and other employers in relation to health and safety representatives      117

40.......... Duties of the operator and other employers in relation to health and safety representatives      117

Division 4—Health and safety committees                                                    120

41.......... Health and safety committees.......................................................... 120

42.......... Functions of health and safety committees...................................... 121

43.......... Duties of the operator and other employers in relation to health and safety committees           122

Division 5—Emergency procedures                                                                 124

44.......... Action by health and safety representatives..................................... 124

45.......... Direction to perform other work..................................................... 125

Division 6—Exemptions                                                                                          127

46.......... Exemptions..................................................................................... 127

Part 4—OHS inspections                                                                                               128

Division 1—Introduction                                                                                        128

47.......... Simplified outline............................................................................ 128

Division 2—OHS inspections: general provisions                                     130

49.......... OHS inspections—nature of inspections........................................ 130

50.......... OHS inspections—facilities............................................................ 131

51.......... OHS inspections—regulated business premises (non‑facilities)..... 132

54.......... OHS inspections—obstructing or hindering NOPSEMA inspector 133

Division 3—OHS inspections: compliance powers                                    134

73.......... OHS inspections—power to require assistance.............................. 134

74.......... OHS inspections—powers to require information, and the production of documents and things            135

75.......... OHS inspections—power to take possession of plant and samples etc. 139

76.......... OHS inspections—OHS do not disturb notices (general)............... 140

76A....... OHS inspections—OHS do not disturb notices (notification and display)               142

77.......... OHS inspections—OHS prohibition notices (issue)....................... 143

77A....... OHS inspections—OHS prohibition notices (notification, display and compliance)                146

78.......... OHS inspections—OHS improvement notices (issue)................... 147

78A....... OHS inspections—OHS improvement notices (compliance).......... 149

78B....... OHS inspections—OHS improvement notices (notification and display)                150

79.......... OHS inspections—tampering with and removal of notices............. 152

80AA.... OHS inspections—publishing OHS prohibition notices and OHS improvement notices        153

Division 4—Reports: OHS inspections etc.                                                   155

80.......... Reports on listed OHS law inspections........................................... 155

Division 5—Appeals: OHS inspections etc.                                                   157

80A....... Appeals concerning OHS inspections etc.—decisions subject to appeal  157

81.......... Appeals concerning OHS inspections etc.—associated rules and procedure            161

Part 5—General provisions                                                                                          163

82.......... Notifying and reporting accidents and dangerous occurrences........ 163

83.......... Records of accidents and dangerous occurrences to be kept........... 165

84.......... Codes of practice............................................................................. 166

85.......... Use of codes of practice in criminal proceedings............................ 166

86.......... Interference etc. with equipment etc................................................ 167

87.......... Members of workforce not to be levied.......................................... 167

88.......... Employer not to dismiss etc. employees on certain grounds........... 168

89.......... Institution of prosecutions............................................................... 169

90.......... Conduct of directors, employees and agents................................... 171

91.......... Schedule not to give rise to other liabilities etc................................ 172

92.......... Circumstances preventing compliance may be defence to prosecution 173

93.......... Regulations—general...................................................................... 173

Schedule 4—Petroleum production licences to which the Royalty Act applies 175

Part 1—Introduction                                                                                                        175

1............ Definitions...................................................................................... 175

Part 2—Applying for a petroleum production licence                                176

2............ Application for petroleum production licence by holder of petroleum exploration permit to which the Royalty Act applies........................................................................................................ 176

3............ Application period........................................................................... 179

4............ Application for petroleum production licence by holder of petroleum retention lease to which the Royalty Act applies........................................................................................................ 180

Part 3—Obtaining a petroleum production licence                                       183

5............ Secondary petroleum production licence—offer document must specify rate of royalty          183

6............ Limit on grant of secondary petroleum production licence.............. 183

Part 4—Variation of licence area                                                                             184

7............ Variation of licence area of petroleum production licence............... 184

Part 5—What happens if a block is not taken up                                          186

8............ Revocation of petroleum exploration permit or petroleum retention lease to the extent to which it relates to a block not taken up........................................................................................... 186

Schedule 5—Release of technical information given to the Designated Authority before 7 March 2000                                                                                 189

1............ Simplified outline............................................................................ 189

2............ Definitions...................................................................................... 189

3............ Time of receipt of certain information............................................. 190

4............ Protection of the confidentiality of information............................... 191

5............ Titles Administrator may make information available to a Minister, a State Minister or a Northern Territory Minister........................................................................................................ 191

6............ Disclosure of basic information given in connection with an application 191

7............ Disclosure of basic information after authorised release day........... 192

8............ Disclosure of information that is in the public domain.................... 195

9............ Disclosure of derivative information after 5 years........................... 196

10.......... Transitional—section 118 of the repealed Petroleum (Submerged Lands) Act 1967                200

Schedule 6—Transitional provisions                                                     201

Part 1—Basic provisions                                                                                                201

1............ Definitions...................................................................................... 201

2............ Re‑enactment of the Petroleum (Submerged Lands) Act 1967........ 202

3............ Old titles continue in force.............................................................. 202

4............ Transitional—eligible instruments................................................... 202

5............ Transitional—acts or things done before commencement............... 203

6............ Transitional—conditions of old titles.............................................. 204

7............ Translation of references in documents........................................... 204

8............ Transitional regulations................................................................... 207

Part 2—Specific provisions                                                                                          209

9............ Joint Authority................................................................................ 209

10.......... Joint Authority for an external Territory......................................... 209

11.......... Designated Authority...................................................................... 210

12.......... Chief Executive Officer of the National Offshore Petroleum Safety Authority        210

13.......... Project inspectors—late commencement of greenhouse gas provisions 211

13A....... Petroleum project inspectors—early commencement of greenhouse gas provisions                211

13B....... Petroleum project inspectors—late commencement of greenhouse gas provisions   212

14.......... Offshore area.................................................................................. 212

15.......... Registers......................................................................................... 213

16.......... Registration fees—transfer.............................................................. 214

17.......... Registration fees—dealings............................................................. 214

18.......... Retention and inspection of documents........................................... 215

19.......... Assessment of registration fee........................................................ 215

20.......... Payments by the Commonwealth to the States and the Northern Territory               215

21.......... Adjustment to period required or allowed for doing an act or thing etc. 216

22.......... Old titles—continuation in force beyond date of expiry.................. 218

23.......... Renewal of petroleum exploration permits...................................... 218

24.......... Renewal of petroleum retention leases............................................ 219

25.......... Grant of petroleum production licences over individual blocks....... 219

26.......... Renewal of fixed‑term petroleum production licences..................... 219

27.......... Grant of pipeline licences................................................................ 220

28.......... Requirement to provide further information in connection with application for title 220

29.......... Revocation of petroleum exploration permits, petroleum retention leases, petroleum production licences and petroleum access authorities............................................................................. 221

30.......... Surrender of title............................................................................. 221

31.......... Cancellation of old titles.................................................................. 222

32.......... Commencement of works or operations.......................................... 222

33.......... Deduction of debts from proceeds of sale of property.................... 223

34.......... Authorised persons......................................................................... 223

35.......... Release of regulatory information................................................... 224

36.......... Release of technical information—deemed time of receipt of certain information and samples                224

37.......... Liability for acts and omissions....................................................... 225

38.......... Reconsideration and review of decisions........................................ 225

39.......... Meaning of petroleum in the Petroleum (Submerged Lands) Act 1967 225

40.......... OHS inspections............................................................................. 225

41.......... OHS prosecutions........................................................................... 226

42.......... Disqualification of health and safety representatives....................... 227

Schedule 7—Greater Sunrise areas                                                         228

1............ Greater Sunrise unit area................................................................. 228

2............ Eastern Greater Sunrise offshore area............................................. 229

3............ Western Greater Sunrise area.......................................................... 230

Endnotes                                                                                                                                  233

Endnote 1—About the endnotes                                                                          233

Endnote 2—Abbreviation key                                                                              235

Endnote 3—Legislation history                                                                           236

Endnote 4—Amendment history                                                                         244

Endnote 5—Miscellaneous                                                                                     309


Schedule 1Scheduled areas for the States and Territories

Note:       See section 8 (for datum, see sections 40, 48 and 49).

  

  

1  Scheduled area for New South Wales

             (1)  The scheduled area for New South Wales is the area the boundary of which commences at a point that is the intersection of the coastline at mean low water by the geodesic between the trigonometrical station known as Point Danger near Point Danger and a point of Latitude 27° 57’ 54.23” South, Longitude 154° 00’ 03.78” East and runs thence north‑easterly along that geodesic to the last‑mentioned point:

                     (a)  thence north‑easterly along the geodesic to a point of Latitude 27° 47’ 54.22” South, Longitude 154° 22’ 03.75” East; and

                     (b)  thence easterly along the geodesic to a point of Latitude 26° 58’ 58.99” South, Longitude 165° 40’ 03.01” East; and

                     (c)  thence south along the loxodrome to a point of Latitude 31° 49’ 56.57” South, Longitude 165° 40’ 03.13” East; and

                     (d)  thence clockwise north‑westerly along the geodesic arc of radius 200 nautical miles concave to Norfolk Island to a point of Latitude 31° 30’ 00.01” South, Longitude 165° 13’ 27.08” East; and

                     (e)  thence south‑westerly along the geodesic to a point of Latitude 32° 30’ 00.01” South, Longitude 163° 06’ 58.81” East; and

                      (f)  thence clockwise southerly along the geodesic arc of radius 200 nautical miles concave to Lord Howe Island to a point of Latitude 33° 52’ 40.26” South, Longitude 162° 21’ 59.44” East; and

                     (g)  thence south‑easterly along the geodesic to a point of Latitude 36° 36’ 25.68” South, Longitude 163° 15’ 37.64” East; and

                     (h)  thence clockwise south‑westerly along the geodesic arc of radius 350 nautical miles concave to Lord Howe Island to a point of Latitude 37° 26’ 21.32” South, Longitude 161° 04’ 38.06” East; and

                      (i)  thence south‑westerly along the geodesic to a point of Latitude 37° 30’ 11.13” South, Longitude 161° 00’ 14.00” East; and

                      (j)  thence south‑westerly along the geodesic to a point of Latitude 37° 43’ 11.19” South, Longitude 160° 49’ 46.53” East; and

                     (k)  thence south‑westerly along the geodesic to a point of Latitude 37° 52’ 48.03” South, Longitude 160° 41’ 59.88” East; and

                      (l)  thence south‑westerly along the geodesic to a point of Latitude 37° 56’ 01.02” South, Longitude 160° 39’ 23.45” East; and

                    (m)  thence south‑westerly along the geodesic to a point of Latitude 38° 03’ 21.96” South, Longitude 160° 33’ 24.99” East; and

                     (n)  thence south‑westerly along the geodesic to a point of Latitude 38° 19’ 36.20” South, Longitude 160° 23’ 49.32” East; and

                     (o)  thence south‑westerly along the geodesic to a point of Latitude 39° 11’ 54.09” South, Longitude 160°00’ 03.82” East; and

                     (p)  thence south‑westerly along the geodesic to a point of Latitude 40° 39’ 54.14” South, Longitude 158° 53’ 03.98” East; and

                     (q)  thence north‑westerly along the geodesic to a point of Latitude 37° 34’ 54.39” South, Longitude 150° 10’ 04.43” East; and

                      (r)  thence north‑westerly along the geodesic to the intersection of the coastline at mean low water by the boundary between the States of New South Wales and Victoria; and

                      (s)  thence generally northerly along the coastline of Australia at mean low water to the point of commencement.

             (2)  If there is any difference between:

                     (a)  the position on the surface of the Earth of a point (the first point) mentioned in any of paragraphs (1)(c) to (n); and

                     (b)  the position on the surface of the Earth of the closest point on a line described in Article 2 of the New Zealand boundary treaty;

subclause (1) has effect as if the reference to the first point were replaced by a reference to that closest point.

2  Scheduled area for Victoria

                   The scheduled area for Victoria is the area the boundary of which commences at a point that is the intersection of the coastline at mean low water by the boundary between the States of New South Wales and Victoria and runs thence south‑easterly along the geodesic to a point of Latitude 37° 34’ 54.39” South, Longitude 150° 10’ 04.43” East:

                     (a)  thence south‑easterly along the geodesic to a point of Latitude 40° 39’ 54.14” South, Longitude 158° 53’ 03.98” East; and

                     (b)  thence south‑westerly along the geodesic to a point of Latitude 41° 29’ 54.17” South, Longitude 158° 13’ 04.08” East; and

                     (c)  thence north‑westerly along the geodesic to a point of Latitude 39° 11’ 54.42” South, Longitude 150° 00’ 04.52” East; and

                     (d)  thence westerly along the loxodrome to a point of Latitude 39° 11’ 54.71” South to its intersection by the meridian of Longitude 142° 30’ 04.95” East; and

                     (e)  thence south‑westerly along the geodesic to a point of Latitude 39° 49’ 54.74” South, Longitude 142° 00’ 05.02” East; and

                      (f)  thence south‑westerly along the geodesic to a point of Latitude 43° 59’ 55.11” South, Longitude 136° 29’ 05.64” East; and

                     (g)  thence north‑easterly along the geodesic to a point of Latitude 38° 40’ 42.76” South, Longitude 140° 40’ 49.00” East; and

                     (h)  thence north‑easterly along the geodesic to a point of Latitude 38° 35’ 24.75” South, Longitude 140° 44’ 41.98” East; and

                      (i)  thence north‑easterly along the geodesic to a point of Latitude 38° 25’ 54.75” South, Longitude 140° 53’ 04.96” East; and

                      (j)  thence north‑easterly along the geodesic to a point of Latitude 38° 14’ 54.73” South, Longitude 140° 57’ 04.94” East; and

                     (k)  thence north‑easterly along the geodesic to a point that is the intersection of the parallel of Latitude 38° 09’ 54.73” South by the meridian passing through the intersection of the coastline at mean low water by the boundary between the States of South Australia and Victoria; and

                      (l)  thence north along that meridian to its intersection by the coastline at mean low water; and

                    (m)  thence along the coastline of the State of Victoria at mean low water to the point of commencement.

3  Scheduled area for Queensland

                   The scheduled area for Queensland is the area the boundary of which commences at a point that is the intersection of the coastline at mean low water by the boundary between the Northern Territory of Australia and the State of Queensland and runs:

                     (a)  thence north‑easterly along the geodesic to the point of Latitude 15° 54’ 54.66” South, Longitude 138° 30’ 04.17” East; and

                     (b)  thence northerly along the loxodrome to a point of Latitude 14° 29’ 54.67” South, Longitude 138° 30’ 04.15” East; and

                     (c)  thence easterly along the loxodrome to a point of Latitude 14° 29’ 54.66” South, Longitude 139° 15’ 04.12” East; and

                     (d)  thence northerly along the loxodrome to a point of Latitude 10° 59’ 54.71” South, Longitude 139° 15’ 04.06” East; and

                     (e)  thence north‑westerly along the geodesic to the point of Latitude 10° 50’ 54.71” South, Longitude 139° 12’ 34.06” East; and

                      (f)  thence north‑westerly along the geodesic to the point of Latitude 10° 49’ 54.71” South, Longitude 139° 12’ 04.06” East; and

                     (g)  thence south‑easterly along the geodesic to the point of Latitude 11° 08’ 54.70” South, Longitude 139° 23’ 04.06” East; and

                     (h)  thence north‑easterly along the geodesic to the point of Latitude 10° 58’ 54.70” South, Longitude 140° 00’ 04.04” East; and

                      (i)  thence north‑easterly along the geodesic to the point of Latitude 9° 45’ 54.65” South, Longitude 142° 00’ 04.00” East; and

                      (j)  thence north‑easterly along the geodesic to the point of Latitude 9° 45’ 18.64” South, Longitude 142° 03’ 34.00” East; and

                     (k)  thence north‑easterly along the geodesic to the point of Latitude 9° 41’ 54.60” South, Longitude 142° 23’ 04.02” East; and

                      (l)  thence north‑easterly along the geodesic to the point of Latitude 9° 40’ 24.61” South, Longitude 142° 51’ 03.99” East; and

                    (m)  thence north‑easterly along the geodesic to the point of Latitude 9° 39’ 54.62” South, Longitude 143° 00’ 03.97” East; and

                     (n)  thence north‑easterly along the geodesic to the point of Latitude 9° 32’ 54.64” South, Longitude 143° 05’ 03.96” East; and

                     (o)  thence easterly along the loxodrome to a point of Latitude 9° 32’ 54.67” South, Longitude 143° 20’ 03.91” East; and

                     (p)  thence north‑easterly along the geodesic to the point of Latitude 9° 23’ 54.69” South, Longitude 143° 30’ 03.89” East; and

                     (q)  thence north‑easterly along the geodesic to the point of Latitude 9° 21’ 54.68” South, Longitude 143° 48’ 03.88” East; and

                      (r)  thence south‑easterly along the geodesic to the point of Latitude 9° 29’ 54.68” South, Longitude 144° 15’ 03.86” East; and

                      (s)  thence south‑easterly along the geodesic to the point of Latitude 9° 50’ 54.66” South, Longitude 144° 44’ 03.85” East; and

                      (t)  thence south‑easterly along the geodesic to the point of Latitude 12° 19’ 54.58” South, Longitude 146° 30’ 03.81” East; and

                     (u)  thence south‑easterly along the geodesic to the point of Latitude 12° 38’ 24.57” South, Longitude 147° 08’ 33.78” East; and

                     (v)  thence south‑easterly along the geodesic to the point of Latitude 12° 56’ 17.56” South, Longitude 147° 40’ 03.76” East; and

                    (w)  thence southerly along the loxodrome to a point of Latitude 13° 59’ 54.53” South, Longitude 147° 40’ 03.78” East; and

                     (x)  thence westerly along the loxodrome to a point of Latitude 13° 59’ 54.54” South, Longitude 146° 55’ 03.81” East; and

                     (y)  thence southerly along the loxodrome to a point of Latitude 17° 04’ 54.49” South, Longitude 146° 55’ 03.87” East; and

                     (z)  thence easterly along the loxodrome to a point of Latitude 17° 04’ 54.47” South, Longitude 147° 45’ 03.83” East; and

                    (za)  thence southerly along the loxodrome to a point of Latitude 18° 29’ 54.45” South, Longitude 147° 45’ 03.86” East; and

                   (zb)  thence easterly along the loxodrome to a point of Latitude 18° 29’ 54.40” South, Longitude 150° 50’ 03.71” East; and

                    (zc)  thence southerly along the loxodrome to a point of Latitude 19° 59’ 54.37” South, Longitude 150° 50’ 03.74” East; and

                   (zd)  thence easterly along the loxodrome to a point of Latitude 19° 59’ 54.36” South, Longitude 151° 30’ 03.71” East; and

                    (ze)  thence south along the loxodrome to a point of Latitude 20° 24’ 54.35” South, Longitude 151° 30’ 03.71” East; and

                    (zf)  thence easterly along the loxodrome to a point of Latitude 20° 24’ 54.32” South, Longitude 153° 05’ 03.63” East; and

                    (zg)  thence southerly along the loxodrome to a point of Latitude 22° 49’ 54.29” South, Longitude 153° 05’ 03.69” East; and

                   (zh)  thence easterly along the loxodrome to a point of Latitude 22° 49’ 54.28” South, Longitude 153° 40’ 03.65” East; and

                    (zi)  thence southerly along the loxodrome to a point of Latitude 23° 14’ 54.27” South, Longitude 153° 40’ 03.66” East; and

                    (zj)  thence east along the loxodrome to a point of Latitude 23° 14’ 54.27” South, Longitude 154° 00’ 03.65” East; and

                   (zk)  thence southerly along the loxodrome to a point of Latitude 23° 49’ 54.26” South, Longitude 154° 00’ 03.66” East; and

                    (zl)  thence easterly along the loxodrome to a point of Latitude 23° 49’ 54.23” South, Longitude 155° 15’ 03.59” East; and

                  (zm)  thence southerly along the loxodrome to a point of Latitude 24° 59’ 54.22” South, Longitude 155° 15’ 03.62” East; and

                   (zn)  thence easterly along the loxodrome to a point of Latitude 24° 59’ 54.15” South, Longitude 158° 32’ 50.43” East; and

                   (zo)  thence south‑easterly along the geodesic to the point of Latitude 25° 08’ 48.15” South, Longitude 158° 36’ 39.42” East; and

                   (zp)  thence south‑easterly along the geodesic to the point of Latitude 26° 26’ 30.03” South, Longitude 163° 43’ 30.13” East; and

                   (zq)  thence north‑easterly along the geodesic to the point of Latitude 26° 13’ 27.00” South, Longitude 165° 40’ 02.99” East; and

                    (zr)  thence southerly along the loxodrome to a point of Latitude 26° 58’ 58.99” South, Longitude 165° 40’ 03.01” East; and

                    (zs)  thence south‑westerly along the geodesic to the point of Latitude 27° 47’ 54.22” South, Longitude 154° 22’ 03.75” East; and

                    (zt)  thence south‑westerly along the geodesic to the point of Latitude 27° 57’ 54.23” South, Longitude 154° 00’ 03.78” East; and

                   (zu)  thence south‑westerly along the geodesic between the last‑mentioned point and the trigonometrical station known as Point Danger near Point Danger to its intersection by the coastline at mean low water; and

                   (zv)  thence along the coastline of the State of Queensland at mean low water to the point of commencement.

4  Scheduled area for South Australia

                   The scheduled area for South Australia is the area the boundary of which commences at a point that is the intersection of the coastline at mean low water by the boundary between the States of South Australia and Victoria and runs thence south along the meridian through that point to its intersection by the parallel of Latitude 38° 09’ 54.73” South:

                     (a)  thence south‑westerly along the geodesic to a point of Latitude 38° 14’ 54.73” South, Longitude 140° 57’ 04.94” East; and

                     (b)  thence south‑westerly along the geodesic to a point of Latitude 38° 25’ 54.75” South, Longitude 140° 53’ 04.96” East; and

                     (c)  thence south‑westerly along the geodesic to a point of Latitude 38° 35’ 24.75” South, Longitude 140° 44’ 41.98” East; and

                     (d)  thence south‑westerly along the geodesic to a point of Latitude 38° 40’ 42.76” South, Longitude 140° 40’ 49.00” East; and

                     (e)  thence south‑westerly along the geodesic to a point of Latitude 43° 59’ 55.11” South, Longitude 136° 29’ 05.64” East; and

                      (f)  thence westerly along the loxodrome to a point of Latitude 43° 59’ 55.49” South, Longitude 129° 00’ 05.95” East; and

                     (g)  thence northerly along the loxodrome to a point of Latitude 31° 44’ 55.02” South, Longitude 129° 00’ 05.08” East; and

                     (h)  thence northerly along the geodesic to the intersection of the coastline at mean low water by the boundary between the States of South Australia and Western Australia; and

                      (i)  thence along the coastline of the State of South Australia at mean low water to the point of commencement.

5  Scheduled area for Western Australia

                   The scheduled area for Western Australia is the area the boundary of which commences at a point that is the intersection of the coastline at mean low water by the boundary between the States of South Australia and Western Australia and runs thence southerly along the geodesic to a point of Latitude 31° 44’ 55.02” South, Longitude 129° 00’ 05.08” East:

                     (a)  thence southerly along the loxodrome to a point of Latitude 43° 59’ 55.49” South, Longitude 129° 00’ 05.95” East; and

                     (b)  thence westerly along the loxodrome to a point of Latitude 43° 59’ 56.85” South, Longitude 104° 00’ 06.27” East; and

                     (c)  thence northerly along the loxodrome to a point of Latitude 13° 59’ 55.41” South, Longitude 104° 00’ 04.55” East; and

                     (d)  thence easterly along the loxodrome to a point of Latitude 13° 59’ 55.22” South, Longitude 111° 45’ 04.59” East; and

                     (e)  thence northerly along the loxodrome to a point of Latitude 12° 39’ 55.20” South, Longitude 111° 45’ 04.56” East; and

                      (f)  thence easterly along the loxodrome to a point of Latitude 12° 39’ 55.14” South, Longitude 114° 40’ 04.56” East; and

                     (g)  thence southerly along the loxodrome to a point of Latitude 13° 05’ 27.14” South, Longitude 114° 40’ 04.57” East; and

                     (h)  thence easterly along the loxodrome to a point of Latitude 13° 05’ 27.00” South, Longitude 118° 10’ 08.9” East; and

                      (i)  thence north‑easterly along the geodesic to a point of Latitude 12° 49’ 54.8” South, Longitude 118° 14’ 22.6” East; and

                      (j)  thence north‑westerly along the geodesic to a point of Latitude 12° 04’ 24.9” South, Longitude 118° 06’ 17.2” East; and

                     (k)  thence north‑westerly along the geodesic to a point of Latitude 12° 04’ 08.8” South, Longitude 118° 06’ 14.4” East; and

                      (l)  thence south‑easterly along the geodesic to a point of Latitude 12° 04’ 19.0” South, Longitude 118° 07’ 44.0” East; and

                    (m)  thence south‑easterly along the geodesic to a point of Latitude 12° 06’ 21.0” South, Longitude 118° 20’ 45.0” East; and

                     (n)  thence south‑easterly along the geodesic to a point of Latitude 12° 07’ 46.0” South, Longitude 118° 25’ 07.0” East; and

                     (o)  thence south‑easterly along the geodesic to a point of Latitude 12° 10’ 06.0” South, Longitude 118° 35’ 16.0” East; and

                     (p)  thence south‑easterly along the geodesic to a point of Latitude 12° 10’ 26.0” South, Longitude 118° 37’ 28.0” East; and

                     (q)  thence south‑easterly along the geodesic to a point of Latitude 12° 11’ 01.0” South, Longitude 118° 39’ 00.0” East; and

                      (r)  thence south‑easterly along the geodesic to a point of Latitude 12° 13’ 12.0” South, Longitude 118° 43’ 09.0” East; and

                      (s)  thence south‑easterly along the geodesic to a point of Latitude 12° 15’ 57.0” South, Longitude 118° 49’ 30.0” East; and

                      (t)  thence south‑easterly along the geodesic to a point of Latitude 12° 17’ 54.0” South, Longitude 118° 55’ 12.0” East; and

                     (u)  thence south‑easterly along the geodesic to a point of Latitude 12° 18’ 50.0” South, Longitude 118° 58’ 31.0” East; and

                     (v)  thence south‑easterly along the geodesic to a point of Latitude 12° 19’ 55.0” South, Longitude 119° 02’ 40.0” East; and

                    (w)  thence south‑easterly along the geodesic to a point of Latitude 12° 20’ 21.0” South, Longitude 119° 05’ 00.0” East; and

                     (x)  thence south‑easterly along the geodesic to a point of Latitude 12° 21’ 51.0” South, Longitude 119° 09’ 03.0” East; and

                     (y)  thence south‑easterly along the geodesic to a point of Latitude 12° 23’ 42.0” South, Longitude 119° 15’ 23.0” East; and

                     (z)  thence south‑easterly along the geodesic to a point of Latitude 12° 23’ 58.0” South, Longitude 119° 16’ 35.0” East; and

                    (za)  thence south‑easterly along the geodesic to a point of Latitude 12° 24’ 59.0” South, Longitude 119° 20’ 34.0” East; and

                   (zb)  thence south‑easterly along the geodesic to a point of Latitude 12° 25’ 43.0” South, Longitude 119° 21’ 35.0” East; and

                    (zc)  thence south‑easterly along the geodesic to a point of Latitude 12° 29’ 19.0” South, Longitude 119° 27’ 17.0” East; and

                   (zd)  thence south‑easterly along the geodesic to a point of Latitude 12° 32’ 31.0” South, Longitude 119° 33’ 16.0” East; and

                    (ze)  thence south‑easterly along the geodesic to a point of Latitude 12° 35’ 43.0” South, Longitude 119° 40’ 33.0” East; and

                    (zf)  thence south‑easterly along the geodesic to a point of Latitude 12° 40’ 33.0” South, Longitude 119° 50’ 28.0” East; and

                    (zg)  thence south‑easterly along the geodesic to a point of Latitude 12° 41’ 36.0” South, Longitude 119° 52’ 38.0” East; and

                   (zh)  thence south‑easterly along the geodesic to a point of Latitude 12° 41’ 46.0” South, Longitude 119° 52’ 57.0” East; and

                    (zi)  thence south‑easterly along the geodesic to a point of Latitude 12° 41’ 57.0” South, Longitude 119° 53’ 18.0” East; and

                    (zj)  thence south‑easterly along the geodesic to a point of Latitude 12° 43’ 46.0” South, Longitude 119° 56’ 13.0” East; and

                   (zk)  thence south‑easterly along the geodesic to a point of Latitude 12° 45’ 38.0” South, Longitude 119° 59’ 15.0” East; and

                    (zl)  thence south‑easterly along the geodesic to a point of Latitude 12° 45’ 47.0” South, Longitude 119° 59’ 31.0” East; and

                  (zm)  thence south‑easterly along the geodesic to a point of Latitude 12° 46’ 27.9” South, Longitude 120° 00’ 46.9” East; and

                   (zn)  thence south along the loxodrome to a point of Latitude 13° 56’ 31.7” South, Longitude 120° 00’ 46.9” East; and

                   (zo)  thence north‑easterly along the geodesic to a point of Latitude 12° 43’ 08.29” South, Longitude 121° 49’ 15.80” East; and

                   (zp)  thence south‑easterly along the geodesic to a point of Latitude 12° 55’ 54.99” South, Longitude 122° 06’ 04.50” East; and

                   (zq)  thence south‑easterly along the geodesic to a point of Latitude 13° 19’ 54.98” South, Longitude 122° 41’ 04.50” East; and

                    (zr)  thence easterly along the geodesic to a point of Latitude 13° 19’ 24.97” South, Longitude 123° 16’ 49.49” East; and

                    (zs)  thence easterly along the loxodrome to a point of Latitude 13° 19’ 24.94” South, Longitude 124° 27’ 49.48” East; and

                    (zt)  thence north‑easterly along the geodesic to a point of Latitude 13° 13’ 09.94” South, Longitude 124° 36’ 19.47” East; and

                   (zu)  thence north‑easterly along the geodesic to a point of Latitude 12° 46’ 09.93” South, Longitude 124° 55’ 34.46” East; and

                   (zv)  thence north‑easterly along the geodesic to a point of Latitude 11° 50’ 54.92” South, Longitude 125° 27’ 49.43” East; and

                   (zw)  thence north‑easterly along the geodesic to a point of Latitude 11° 44’ 24.92” South, Longitude 125° 31’ 34.43” East; and

                   (zx)  thence north‑easterly along the geodesic to a point of Latitude 10° 21’ 24.91” South, Longitude 126° 10’ 34.39” East; and

                   (zy)  thence north‑easterly along the geodesic to a point of Latitude 10° 12’ 54.90” South, Longitude 126° 26’ 34.39” East; and

                    (zz)  thence north‑easterly along the geodesic to a point of Latitude 10° 04’ 54.90” South, Longitude 126° 47’ 34.38” East; and

                  (zza)  thence south‑easterly along the geodesic to a point of Latitude 11° 13’ 09.88” South, Longitude 127° 32’ 04.38” East; and

                  (zzb)  thence south‑easterly along the geodesic to a point of Latitude 11° 47’ 54.88” South, Longitude 127° 53’ 49.38” East; and

                  (zzc)  thence south‑easterly along the geodesic to a point of Latitude 12° 26’ 24.87” South, Longitude 128° 22’ 04.39” East; and

                  (zzd)  thence south‑easterly along the geodesic to a point of Latitude 12° 32’ 39.87” South, Longitude 128° 24’ 04.39” East; and

                  (zze)  thence south‑easterly along the geodesic to a point of Latitude 12° 55’ 24.86” South, Longitude 128° 28’ 04.39” East; and

                  (zzf)  thence southerly along the loxodrome to a point of Latitude 13° 15’ 24.86” South, Longitude 128° 28’ 04.40” East; and

                  (zzg)  thence south‑easterly along the geodesic to a point of Latitude 13° 39’ 39.86” South, Longitude 128° 30’ 49.41” East; and

                  (zzh)  thence south‑easterly along the geodesic to a point of Latitude 13° 49’ 39.86” South, Longitude 128° 33’ 19.41” East; and

                   (zzi)  thence south‑easterly along the geodesic to a point of Latitude 13° 59’ 54.86” South, Longitude 128° 42’ 19.41” East; and

                   (zzj)  thence south‑easterly along the geodesic to a point of Latitude 14° 19’ 24.89” South, Longitude 128° 53’ 04.39” East; and

                  (zzk)  thence south‑easterly along the geodesic to a point of Latitude 14° 32’ 24.91” South, Longitude 129° 01’ 19.38” East; and

                   (zzl)  thence southerly along the geodesic to a point of Latitude 14° 37’ 24.91” South, Longitude 129° 01’ 49.38” East; and

                 (zzm)  thence southerly along the geodesic to the intersection of the coastline at mean low water by the boundary between the Northern Territory of Australia and the State of Western Australia; and

                  (zzn)  thence along the coastline of the State of Western Australia at mean low water to the point of commencement.

6  Scheduled area for Tasmania

             (1)  The scheduled area for Tasmania is the area the boundary of which commences at a point of Latitude 39° 11’ 54.71” South, Longitude 142° 30’ 04.95” East and runs thence easterly along the loxodrome to a point of Latitude 39° 11’ 54.42” South, Longitude 150° 00’ 04.52” East:

                     (a)  thence south‑easterly along the geodesic to a point of Latitude 41° 29’ 54.17” South, Longitude 158° 13’ 04.08” East; and

                     (b)  thence south‑westerly along the geodesic to a point of Latitude 45° 59’ 54.35” South, Longitude 155° 24’ 04.60” East; and

                     (c)  thence south‑easterly along the geodesic to a point of Latitude 51° 04’ 48.97” South, Longitude 158° 01’ 25.98” East; and

                     (d)  thence clockwise easterly along the geodesic arc of radius 200 nautical miles concave to Macquarie Island to a point of Latitude 51° 01’ 38.45” South, Longitude 158° 59’ 53.57” East; and

                     (e)  thence clockwise easterly along the geodesic arc of radius 200 nautical miles concave to Macquarie Island to a point of Latitude 51° 10’ 36.31” South, Longitude 160° 37’ 30.11” East; and

                      (f)  thence south‑easterly along the geodesic to a point of Latitude 51° 26’ 17.81” South, Longitude 160° 57’ 46.87” East; and

                     (g)  thence south‑easterly along the geodesic to a point of Latitude 52° 11’ 26.55” South, Longitude 161° 57’ 11.15” East; and

                     (h)  thence south‑easterly along the geodesic to a point of Latitude 52° 15’ 53.25” South, Longitude 162° 03’ 07.43” East; and

                      (i)  thence south‑easterly along the geodesic to a point of Latitude 52° 27’ 43.13” South, Longitude 162° 18’ 59.49” East; and

                      (j)  thence south‑easterly along the geodesic to a point of Latitude 52° 40’ 46.87” South, Longitude 162° 36’ 30.28” East; and

                     (k)  thence south‑easterly along the geodesic to a point of Latitude 52° 46’ 50.63” South, Longitude 162° 44’ 42.77” East; and

                      (l)  thence south‑easterly along the geodesic to a point of Latitude 52° 47’ 42.62” South, Longitude 162° 45’ 53.41” East; and

                    (m)  thence south‑easterly along the geodesic to a point of Latitude 53° 42’ 58.17” South, Longitude 164° 03’ 13.39” East; and

                     (n)  thence south‑easterly along the geodesic to a point of Latitude 53° 50’ 59.85” South, Longitude 164° 14’ 42.04” East; and

                     (o)  thence south‑easterly along the geodesic to a point of Latitude 54° 13’ 59.00” South, Longitude 164° 26’ 41.46” East; and

                     (p)  thence south‑easterly along the geodesic to a point of Latitude 54° 40’ 13.66” South, Longitude 164° 40’ 40.22” East; and

                     (q)  thence south‑easterly along the geodesic to a point of Latitude 54° 41’ 43.04” South, Longitude 164° 41’ 28.44” East; and

                      (r)  thence clockwise south‑westerly along the geodesic arc of radius 200 nautical miles concave to Macquarie Island to a point of Latitude 54° 56’ 14.19” South, Longitude 164° 39’ 00.39” East; and

                      (s)  thence clockwise south‑westerly along the geodesic arc of radius 200 nautical miles concave to Macquarie Island to a point of Latitude 55° 00’ 11.95” South, Longitude 164° 38’ 17.35” East; and

                      (t)  thence clockwise south‑westerly along the geodesic arc of radius 200 nautical miles concave to Macquarie Island to a point of Latitude 55° 10’ 06.12” South, Longitude 164° 36’ 21.26” East; and

                     (u)  thence clockwise south‑westerly along the geodesic arc of radius 200 nautical miles concave to Macquarie Island to a point of Latitude 55° 14’ 12.62” South, Longitude 164° 35’ 21.12” East; and

                     (v)  thence clockwise south‑westerly along the geodesic arc of radius 200 nautical miles concave to Macquarie Island to a point of Latitude 55° 42’ 50.11” South, Longitude 164° 26’ 46.41” East; and

                    (w)  thence clockwise south‑westerly along the geodesic arc of radius 200 nautical miles concave to Macquarie Island to a point of Latitude 55° 52’ 23.71” South, Longitude 164° 23’ 57.71” East; and

                     (x)  thence clockwise south‑westerly along the geodesic arc of radius 200 nautical miles concave to Macquarie Island to a point of Latitude 56° 38’ 56.16” South, Longitude 163° 56’ 44.86” East; and

                     (y)  thence clockwise south‑westerly along the geodesic arc of radius 200 nautical miles concave to Macquarie Island to a point of Latitude 56° 52’ 19.73” South, Longitude 163° 44’ 04.71” East; and

                     (z)  thence clockwise south‑westerly along the geodesic arc of radius 200 nautical miles concave to Macquarie Island to a point of Latitude 57° 09’ 53.31” South, Longitude 163° 23’ 17.53” East; and

                    (za)  thence southerly along the geodesic to a point of Latitude 57° 21’ 25.18” South, Longitude 163° 23’ 44.03” East; and

                   (zb)  thence southerly along the geodesic to a point of Latitude 57° 48’ 21.07” South, Longitude 163° 24’ 47.01” East; and

                    (zc)  thence south‑easterly along the geodesic to a point of Latitude 58° 29’ 54.22” South, Longitude 170° 00’ 04.27” East; and

                   (zd)  thence south‑westerly along the geodesic to a point of Latitude 62° 29’ 54.74” South, Longitude 160° 00’ 06.18” East; and

                    (ze)  thence north‑westerly along the geodesic to a point of Latitude 43° 59’ 55.11” South, Longitude 136° 29’ 05.64” East; and

                    (zf)  thence north‑easterly along the geodesic to a point of Latitude 39° 49’ 54.74” South, Longitude 142° 00’ 05.02” East; and

                    (zg)  thence north‑easterly along the geodesic to the point of commencement.

             (2)  If there is any difference between:

                     (a)  the position on the surface of the Earth of a point (the first point) mentioned in any of paragraphs (1)(c) to (zb); and

                     (b)  the position on the surface of the Earth of the closest point on a line described in Article 3 of the New Zealand boundary treaty;

subclause (1) has effect as if the reference to the first point were replaced by a reference to that closest point.

7  Scheduled area for the Northern Territory

                   The scheduled area for the Northern Territory is the area the boundary of which commences at a point that is the intersection of the coastline at mean low water by the boundary between the Northern Territory of Australia and the State of Western Australia and runs thence northerly along the geodesic to a point of Latitude 14° 37’ 24.91” South, Longitude 129° 01’ 49.38” East:

                     (a)  thence northerly along the geodesic to a point of Latitude 14° 32’ 24.91” South, Longitude 129° 01’ 19.38” East; and

                     (b)  thence north‑westerly along the geodesic to a point of Latitude 14° 19’ 24.89” South, Longitude 128° 53’ 04.39” East; and

                     (c)  thence north‑westerly along the geodesic to a point of Latitude 13° 59’ 54.86” South, Longitude 128° 42’ 19.41” East; and

                     (d)  thence north‑westerly along the geodesic to a point of Latitude 13° 49’ 39.86” South, Longitude 128° 33’ 19.41” East; and

                     (e)  thence north‑westerly along the geodesic to a point of Latitude 13° 39’ 39.86” South, Longitude 128° 30’ 49.41” East; and

                      (f)  thence north‑westerly along the geodesic to a point of Latitude 13° 15’ 24.86” South, Longitude 128° 28’ 04.40” East; and

                     (g)  thence northerly along the loxodrome to a point of Latitude 12° 55’ 24.86” South, Longitude 128° 28’ 04.39” East; and

                     (h)  thence north‑westerly along the geodesic to a point of Latitude 12° 32’ 39.87” South, Longitude 128° 24’ 04.39” East; and

                      (i)  thence north‑westerly along the geodesic to a point of Latitude 12° 26’ 24.87” South, Longitude 128° 22’ 04.39” East; and

                      (j)  thence north‑westerly along the geodesic to a point of Latitude 11° 47’ 54.88” South, Longitude 127° 53’ 49.38” East; and

                     (k)  thence north‑westerly along the geodesic to a point of Latitude 11° 13’ 09.88” South, Longitude 127° 32’ 04.38” East; and

                      (l)  thence north‑westerly along the geodesic to a point of Latitude 10° 04’ 54.90” South, Longitude 126° 47’ 34.38” East; and

                    (m)  thence north‑easterly along the geodesic to a point of Latitude 9° 53’ 39.89” South, Longitude 127° 18’ 34.36” East; and

                     (n)  thence north‑easterly along the geodesic to a point of Latitude 9° 27’ 54.88” South, Longitude 127° 56’ 04.35” East; and

                     (o)  thence north‑easterly along the loxodrome to a point of Latitude 9° 24’ 54.88” South, Longitude 128° 00’ 04.34” East; and

                     (p)  thence easterly along the loxodrome to a point of Latitude 9° 24’ 54.85” South, Longitude 130° 10’ 04.30” East; and

                     (q)  thence north‑easterly along the loxodrome to a point of Latitude 8° 53’ 54.82” South, Longitude 133° 14’ 04.22” East; and

                      (r)  thence north‑easterly along the loxodrome to a point of Latitude 8° 52’ 54.81” South, Longitude 133° 23’ 04.21” East; and

                      (s)  thence south‑easterly along the loxodrome to a point of Latitude 9° 24’ 54.79” South, Longitude 134° 50’ 04.18” East; and

                      (t)  thence north‑easterly along the loxodrome to a point of Latitude 9° 21’ 54.79” South, Longitude 135° 03’ 04.17” East; and

                     (u)  thence north‑easterly along the loxodrome to a point of Latitude 9° 16’ 54.79” South, Longitude 135° 13’ 04.17” East; and

                     (v)  thence north‑easterly along the loxodrome to a point of Latitude 9° 07’ 54.79” South, Longitude 135° 29’ 04.16” East; and

                    (w)  thence south‑easterly along the loxodrome to a point of Latitude 9° 56’ 54.74” South, Longitude 137° 45’ 04.10” East; and

                     (x)  thence south‑easterly along the loxodrome to a point of Latitude 10° 08’ 54.73” South, Longitude 138° 13’ 04.09” East; and

                     (y)  thence south‑easterly along the loxodrome to a point of Latitude 10° 21’ 54.73” South, Longitude 138° 35’ 04.08” East; and

                     (z)  thence south‑easterly along the loxodrome to a point of Latitude 10° 23’ 54.72” South, Longitude 138° 38’ 04.08” East; and

                    (za)  thence south‑easterly along the loxodrome to a point of Latitude 10° 49’ 54.71” South, Longitude 139° 12’ 04.06” East; and

                   (zb)  thence south‑easterly along the geodesic to a point of Latitude 10° 50’ 54.71” South, Longitude 139° 12’ 34.06” East; and

                    (zc)  thence south‑easterly along the geodesic to a point of Latitude 10° 59’ 54.71” South, Longitude 139° 15’ 04.06” East; and

                   (zd)  thence southerly along the loxodrome to a point of Latitude 14° 29’ 54.66” South, Longitude 139° 15’ 04.12” East; and

                    (ze)  thence westerly along the loxodrome to a point of Latitude 14° 29’ 54.67” South, Longitude 138° 30’ 04.15” East; and

                    (zf)  thence southerly along the loxodrome to a point of Latitude 15° 54’ 54.66” South, Longitude 138° 30’ 04.17” East; and

                    (zg)  thence south‑westerly along the geodesic to the intersection of the coastline at mean low water by the boundary between the Northern Territory of Australia and the State of Queensland; and

                   (zh)  thence along the coastline of the Northern Territory of Australia at mean low water to the point of commencement.

8  Scheduled area for the Territory of Ashmore and Cartier Islands

                   The scheduled area for the Territory of Ashmore and Cartier Islands is the area the boundary of which commences at a point of Latitude 12° 43’ 08.29” South, Longitude 121° 49’ 15.80” East and runs thence north‑easterly along the geodesic to a point of Latitude 12° 14’ 25.8” South, Longitude 122° 31’ 06.6” East:

                     (a)  thence northerly along the arc of a circle drawn concave to Ashmore Islands with a radius of 24 nautical miles to a point of Latitude 12° 06’ 44.6” South, Longitude 122° 32’ 24.1” East; and

                     (b)  thence generally northerly, north‑easterly, easterly, and south‑easterly along a series of intersecting circular arcs drawn concave to Ashmore Islands with a radius of 24 nautical miles and having the vertices set out in the table:

 

Vertices

Item

South latitude

East longitude

1

12° 03’ 12.2’’

122° 33’ 55.8’’

2

12° 02’ 05.0’’

122° 34’ 33.8’’

3

12° 00’ 41.4’’

122° 35’ 27.9’’

4

11° 55’ 46.7’’

122° 40’ 00.5’’

5

11° 54’ 56.3’’

122° 41’ 04.3’’

6

11° 52’ 53.4’’

122° 44’ 16.8’’

7

11° 51’ 53.3’’

122° 46’ 21.2’’

8

11° 51’ 22.4’’

122° 47’ 38.9’’

9

11° 51’ 12.9’’

122° 48’ 05.1’’

10

11° 50’ 48.1’’

122° 49’ 19.9’’

11

11° 50’ 00.6’’

122° 50’ 34.5’’

12

11° 48’ 32.1’’

122° 53’ 24.7’’

13

11° 47’ 31.0’’

122° 56’ 08.2’’

14

11° 47’ 07.4’’

122° 57’ 32.5’’

15

11° 46’ 44.2’’

122° 59’ 22.9’’

16

11° 46’ 31.8’’

123° 00’ 49.7’’

17

11° 46’ 25.7’’

123° 05’ 27.9’’

18

11° 47’ 25.6’’

123° 11’ 02.9’’

19

11° 47’ 38.9’’

123° 12’ 05.2’’

20

11° 47’ 40.3’’

123° 12’ 12.7’’

21

11° 47’ 59.3’’

123° 13’ 38.1’’

                     (c)  thence south‑easterly along the arc of a circle drawn concave to Ashmore Islands with a radius of 24 nautical miles to a point of Latitude 11° 48’ 06.1’’ South, Longitude 123° 14’ 04.5’’ East; and

                     (d)  thence northerly along the loxodrome to a point of Latitude 11° 34’ 54.95” South, Longitude 123° 14’ 04.47” East; and

                     (e)  thence north‑easterly along the loxodrome to a point of Latitude 11° 22’ 54.94” South, Longitude 123° 26’ 04.46” East; and

                      (f)  thence south‑easterly along the loxodrome to a point of Latitude 11° 27’ 54.94” South, Longitude 123° 40’ 04.46” East; and

                     (g)  thence north‑easterly along the loxodrome to a point of Latitude 11° 25’ 54.93” South, Longitude 124° 00’ 04.45” East; and

                     (h)  thence north‑easterly along the loxodrome to a point of Latitude 11° 24’ 54.93” South, Longitude 124° 10’ 04.45” East; and

                      (i)  thence north‑easterly along the loxodrome to a point of Latitude 11° 06’ 54.92” South, Longitude 124° 34’ 04.44” East; and

                      (j)  thence north‑easterly along the loxodrome to a point of Latitude 11° 00’ 54.91” South, Longitude 125° 19’ 04.43” East; and

                     (k)  thence north‑easterly along the loxodrome to a point of Latitude 10° 36’ 54.90” South, Longitude 125° 41’ 04.41” East; and

                      (l)  thence north‑easterly along the loxodrome to a point of Latitude 10° 27’ 54.90” South, Longitude 126° 00’ 04.40” East; and

                    (m)  thence north‑easterly along the geodesic to a point of Latitude 10° 21’ 24.91” South, Longitude 126° 10’ 34.39” East; and

                     (n)  thence south‑westerly along the geodesic to a point of Latitude 11° 44’ 24.92” South, Longitude 125° 31’ 34.43” East; and

                     (o)  thence south‑westerly along the geodesic to a point of Latitude 11° 50’ 54.92” South, Longitude 125° 27’ 49.43” East; and

                     (p)  thence south‑westerly along the geodesic to a point of Latitude 12° 46’ 09.93” South, Longitude 124° 55’ 34.46” East; and

                     (q)  thence south‑westerly along the geodesic to a point of Latitude 13° 13’ 09.94” South, Longitude 124° 36’ 19.47” East; and

                      (r)  thence south‑westerly along the geodesic to a point of Latitude 13° 19’ 24.94” South, Longitude 124° 27’ 49.48” East; and

                      (s)  thence westerly along the loxodrome to a point of Latitude 13° 19’ 24.97” South, Longitude 123° 16’ 49.49” East; and

                      (t)  thence westerly along the geodesic to a point of Latitude 13° 19’ 54.98” South, Longitude 122° 41’ 04.50” East; and

                     (u)  thence north‑westerly along the geodesic to a point of Latitude 12° 55’ 54.99” South, Longitude 122° 06’ 04.50” East; and

                     (v)  thence north‑westerly along the geodesic to the point of commencement.

9  References to this Schedule in other laws

             (1)  A reference in a law of the Commonwealth (other than this Act) to:

                     (a)  the area described in this Schedule in relation to a State or Territory; and

                     (b)  the area described in this Schedule that refers to a State or Territory; and

                     (c)  the area described in this Schedule under the heading that refers to a State or Territory; and

                     (d)  the area:

                              (i)  off the coast of a State or Territory; and

                             (ii)  that is described in this Schedule;

(whether or not the State or Territory is specified in that law) is a reference to the scheduled area for that State or Territory.

             (2)  A reference in a law of the Commonwealth (other than this Act) to the areas described in this Schedule is a reference to the scheduled areas for the States and Territories.

             (3)  A reference in a law of the Commonwealth (other than this Act) to an area adjacent to Australia as described in this Schedule is a reference to a scheduled area for a State or Territory.

Schedule 2Area that includes the area to be avoided

Note:       See section 614 (for datum, see section 40).

  

  

1  Area that includes the area to be avoided

                   This Schedule applies to the area the boundary of which commences at the most easterly intersection of the coastline of the State of Victoria at mean low water by the parallel of Latitude 38° 14’ 54.50” South and runs thence south‑easterly along the geodesic to the point of Latitude 38° 34’ 54.49” South, Longitude 147° 44’ 04.61” East:

                     (a)  thence south‑easterly along the geodesic to the point of Latitude 38° 40’ 54.48” South, Longitude 148° 06’ 04.60 East; and

                     (b)  thence easterly along the loxodrome to a point of Latitude 38° 40’ 54.47” South, Longitude 148° 13’ 04.59” East; and

                     (c)  thence north‑easterly along the geodesic to the point of Latitude 38° 31’ 54.46” South, Longitude 148° 26’ 04.57” East; and

                     (d)  thence north‑easterly along the geodesic to the point of Latitude 38° 18’ 54.46” South, Longitude 148° 35’ 04.55” East; and

                     (e)  thence north‑westerly along the geodesic to the point of Latitude 38° 07’ 54.46” South, Longitude 148° 31’ 04.55” East; and

                      (f)  thence north‑westerly along the geodesic to the point of Latitude 38° 04’ 54.47” South, Longitude 148° 24’ 04.55” East; and

                     (g)  thence north‑westerly along the geodesic to the intersection of the coastline of the State of Victoria at mean low water by the parallel of Latitude 37° 57’ 54.48” South; and

                     (h)  thence along the coastline of the State of Victoria at mean low water to the point of commencement.

Schedule 2APetroleum environmental laws: additional NOPSEMA inspection powers

Note:       See section 602J.

Part 1Introduction

  

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.

enter, when used in relation to offshore petroleum premises that are a vessel, includes board.

environmental do not disturb notice has the meaning given by subclause 10(2).

environmental improvement notice has the meaning given by subclause 11C(2).

environmental prohibition notice has the meaning given by subclause 11A(2).

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); and

                     (c)  includes section 571 (which deals with financial assurance), and a regulation made for the purposes of subsection 571(3) in relation to compliance with section 571.

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 2Petroleum environmental inspections

Division 1Petroleum 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 2Petroleum 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—environmental 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 notice (an environmental 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 an environmental 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—environmental do not disturb notices (notification and display)

Notice to interested persons

             (1)  As soon as practicable after issuing an environmental 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 an environmental 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.

11A  Petroleum environmental inspections—environmental prohibition notices (issue)

Scope

             (1)  This clause applies if a NOPSEMA inspector is conducting a petroleum environmental inspection in relation to offshore petroleum premises.

When notice may be issued

             (2)  A NOPSEMA inspector may issue a notice (an environmental prohibition notice) to a titleholder, in writing, under this clause if, in conducting the inspection, the inspector is satisfied on reasonable grounds that:

                     (a)  one or more of the following is the case:

                              (i)  an activity is occurring at the premises that involves an immediate and significant threat to the environment;

                             (ii)  an activity may occur at the premises that, if it occurred, would involve an immediate and significant threat to the environment;

                            (iii)  the operation or use of the premises involves an immediate and significant threat to the environment;

                            (iv)  the operation or use of the premises, if it occurred, would involve an immediate and significant threat to the environment; and

                     (b)  it is reasonably necessary to issue the notice in order to remove the threat.

Note:          The notice will be published on NOPSEMA’s website (see clause 12A).

How notice may be issued

             (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)  state that the inspector is satisfied on reasonable grounds that a specified circumstance mentioned in paragraph (2)(a) applies, and set out those grounds; and

                     (b)  specify the activity at the premises, or the operation or use of the premises, that involves a threat to the environment; and

                     (c)  specify the threat to the environment, and describe the environment that is subject to the threat; and

                     (d)  direct the titleholder to ensure:

                              (i)  that the activity is not conducted; or

                             (ii)  that the activity is not conducted in a specified manner; or

                            (iii)  that the premises are not operated or used; or

                            (iv)  that the premises are not operated or used in a specified manner.

             (5)  The notice may specify action that may be taken to satisfy a NOPSEMA inspector that adequate action has been taken to remove the threat to the environment.

Offence

             (6)  A person commits an offence if:

                     (a)  the person is subject to an environmental prohibition notice; and

                     (b)  the person omits to do an act; and

                     (c)  the omission breaches the notice.

Penalty:  600 penalty units.

Continuing offences

             (7)  A person who commits an offence against subclause (6) commits a separate offence in respect of each day (including a day of a conviction for the offence or any later day) during which the offence continues.

             (8)  The maximum penalty for each day that an offence under subclause (6) continues is 10% of the maximum penalty that can be imposed in respect of that offence.

Definition

             (9)  In this clause:

premises, in relation to offshore petroleum premises, includes:

                     (a)  a particular part of the premises; and

                     (b)  particular plant or equipment, or a particular substance or thing, at the premises.

11B  Petroleum environmental inspections—environmental prohibition notices (notification)

Scope

             (1)  This clause applies if a NOPSEMA inspector issues an environmental prohibition notice to a titleholder under clause 11A that concerns a threat to the environment in relation to:

                     (a)  an activity at offshore petroleum premises; or

                     (b)  the operation or use of offshore petroleum premises.

Notice to interested persons

             (2)  As soon as practicable after issuing the 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 relevant plant, equipment, substance or thing is) owned by a person other than the titleholder or operator—that owner.

Display of notice

             (3)  The titleholder must cause a copy of the notice to be displayed in a prominent place at the premises.

Inadequate action in response to notice

             (4)  If a NOPSEMA inspector is satisfied that action taken by the titleholder to remove the threat to the environment is not adequate, the inspector must inform the titleholder accordingly.

             (5)  In making a decision under subclause (4), a NOPSEMA inspector may exercise such of the powers of a NOPSEMA inspector conducting a petroleum environmental inspection as the inspector considers necessary for the purposes of making the decision.

When notice ceases to have effect

             (6)  The notice ceases to have effect in relation to a titleholder when a NOPSEMA inspector notifies the titleholder that the inspector is satisfied that the titleholder, or another person, has taken adequate action to remove the threat to the environment.

Definition

             (7)  In this clause:

premises, in relation to offshore petroleum premises, includes:

                     (a)  a particular part of the premises; and

                     (b)  particular plant or equipment, or a particular substance or thing, at the premises.

11C  Petroleum environmental inspections—environmental improvement notices (issue)

Scope

             (1)  This clause applies if a NOPSEMA inspector is conducting a petroleum environmental inspection in relation to offshore petroleum premises.

When notice may be issued

             (2)  A NOPSEMA inspector may issue a notice (an environmental improvement notice) to a titleholder, in writing, under this clause if, in conducting the inspection, the inspector is satisfied on reasonable grounds that:

                     (a)  the titleholder:

                              (i)  is contravening a provision of a petroleum environmental law; or

                             (ii)  has contravened a provision of a petroleum environmental law and is likely to contravene that provision again; and

                     (b)  as a result, there is, or may be, a significant threat to the environment.

Note:          The notice will be published on NOPSEMA’s website (see clause 12A).

How notice may be issued

             (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)  state that the inspector is satisfied on reasonable grounds that a specified contravention of a petroleum environmental law is occurring, or has occurred and is likely to occur again, and set out those grounds; and

                     (b)  state that the inspector is satisfied on reasonable grounds that as a result of that contravention, there is, or may be, a significant threat to the environment, and set out those grounds; and

                     (c)  specify the threat to the environment, and describe the environment that is subject to the threat; and

                     (d)  specify action that the inspector is satisfied on reasonable grounds is required to be taken by the titleholder to remove the threat; and

                     (e)  specify a period within which the titleholder is to take the action.

Period of notice and action to be taken

             (5)  The period specified in the notice must be reasonable.

             (6)  If the NOPSEMA inspector is satisfied on reasonable grounds that it is appropriate to do so, the NOPSEMA inspector may, in writing and before the end of the period, extend the period specified in the notice.

11D  Petroleum environmental inspections—environmental improvement notices (compliance and notification)

Scope

             (1)  This clause applies if, in the course of a petroleum environmental inspection in relation to offshore petroleum premises, a NOPSEMA inspector issues an environmental improvement notice to a titleholder under clause 11C that concerns a contravention, or likely contravention, of a petroleum environmental law.

Duty of titleholder

             (2)  The titleholder must ensure that the notice is complied with.

Offence

             (3)  A person commits an offence if:

                     (a)  the person is subject to a requirement under subclause (2); and

                     (b)  the person omits to do an act; and

                     (c)  the omission breaches the requirement.

Penalty:  300 penalty units.

Civil penalty

             (4)  A person is liable to a civil penalty if the person contravenes a requirement under subclause (2).

Civil penalty:          400 penalty units.

Notice to interested persons

             (5)  As soon as practicable after issuing the 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 owned by a person other than the titleholder or operator—that owner.

Display of notice

             (6)  The titleholder must cause a copy of the notice to be displayed in a prominent place at the premises.

Continuing offences and continuing contraventions of civil penalty provisions

             (7)  The maximum penalty for each day that an offence under subclause (3) continues is 10% of the maximum penalty that can be imposed in respect of that offence.

Note:          Subclause (3) is a continuing offence under section 4K of the Crimes Act 1914.

             (8)  The maximum civil penalty for each day that a contravention of subclause (4) continues is 10% of the maximum civil penalty that can be imposed in respect of that contravention.

Note:          Subclause (4) is a continuing civil penalty provision under section 93 of the Regulatory Powers Act.

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), 11(2), 11B(3) or 11D(6) 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), 11B(3) or 11D(6) 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.

12A  Petroleum environmental inspections—publishing environmental prohibition notices and environmental improvement notices

             (1)  NOPSEMA must publish on its website an environmental prohibition notice or an environmental improvement notice within 21 days after the notice is issued.

             (2)  However, NOPSEMA must not publish the notice if it is aware that the decision to issue a notice is the subject of an application for review by a court.

             (3)  If the notice is published on the NOPSEMA website and the decision to issue the notice is, or becomes, the subject of an application for review by a court, NOPSEMA must remove the notice from the website as soon as practicable after becoming aware of the application.

             (4)  If all rights for judicial review (including any right of appeal) in relation to the decision to issue the notice have been exhausted, and the decision to issue the notice has been upheld, NOPSEMA must publish the notice on its website within 21 days after becoming aware that the rights have been exhausted.

             (5)  If a notice contains personal information (within the meaning of the Privacy Act 1988), NOPSEMA must take such steps as are reasonable in the circumstances to ensure that the information is de‑identified before the notice is published.

             (6)  Personal information is de‑identified if the information is no longer about an identifiable individual or an individual who is reasonably identifiable.

Division 3Reports: 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 3General

  

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 defendant proves that it was not practicable to do that thing because of an emergency prevailing at the relevant time.

Note:          A defendant bears a legal burden in relation to the matter in this clause—see section 13.4 of the Criminal Code.

Schedule 3Occupational health and safety

Note:       See section 637.

Part 1Introduction

  

1  Objects

                   The objects of this Schedule are, in relation to facilities located in Commonwealth waters:

                     (a)  to secure the health, safety and welfare of persons at or near those facilities; and

                     (b)  to protect persons at or near those facilities from risks to health and safety arising out of activities being conducted at those facilities; and

                     (c)  to ensure that expert advice is available on occupational health and safety matters in relation to those facilities; and

                     (d)  to promote an occupational environment for members of the workforce at such facilities that is adapted to their needs relating to health and safety; and

                     (e)  to foster a consultative relationship between all relevant persons concerning the health, safety and welfare of members of the workforce at those facilities.

2  Simplified outline

                   The following is a simplified outline of this Schedule:

•      This Schedule sets up a scheme to regulate occupational health and safety matters at or near facilities located in Commonwealth waters.

•      Occupational health and safety duties are imposed on the following:

               (a)     the operator of a facility;

              (b)     a person in control of a part of a facility, or of any work carried out at a facility;

               (c)     an employer;

              (d)     a manufacturer of plant, or a substance, for use at a facility;

               (e)     a supplier of a facility, or of any plant or substance for use at a facility;

               (f)     a person who erects or installs a facility, or any plant at a facility;

               (g)     a person at a facility.

•      A group of members of the workforce at a facility may be established as a designated work group.

•      The members of a designated work group may select a health and safety representative for that designated work group.

•      The health and safety representative may exercise certain powers for the purpose of promoting or ensuring the health and safety of the group members.

•      An OHS inspector may conduct an inspection:

               (a)     to ascertain whether a listed OHS law is being complied with; or

               (c)     concerning an accident or dangerous occurrence that has happened at or near a facility.

•      The powers that a NOPSEMA inspector may exercise for the purposes of an OHS inspection are in addition to the powers in relation to listed OHS laws that the inspector may exercise for the purposes of Division 1 of Part 6.5 of this Act.

•      The operator of a facility must report accidents and dangerous occurrences to NOPSEMA.

3  Definitions

                   In this Schedule, unless the contrary intention appears:

accident includes the contraction of a disease.

associated offshore place, in relation to a facility, means any offshore place near the facility where activities (including diving activities) relating to the construction, installation, operation, maintenance or decommissioning of the facility take place, but does not include:

                     (a)  another facility; or

                     (b)  a supply vessel, offtake tanker, anchor handler or tugboat; or

                     (c)  a vessel, or structure, that is declared by the regulations not to be an associated offshore place.

Commonwealth waters has the same meaning as in Part 6.9 of this Act.

contract includes an arrangement or understanding.

contractor has the meaning given by clause 8.

contravention, if the contravention is an offence, includes an offence against:

                     (a)  section 6 of the Crimes Act 1914; or

                     (b)  section 11.1, 11.4 or 11.5 of the Criminal Code;

that relates to the first‑mentioned offence.

dangerous occurrence means an occurrence declared by the regulations to be a dangerous occurrence for the purposes of this definition.

data includes:

                     (a)  information in any form; and

                     (b)  any program (or part of a program).

data held in a computer includes:

                     (a)  data held in any removable data storage device for the time being held in a computer; and

                     (b)  data held in a data storage device on a computer network of which the computer forms a part.

data storage device means a thing containing, or designed to contain, data for use by a computer.

derived:

                     (a)  in relation to a petroleum title—has the meaning given by clause 8A; or

                     (b)  in relation to a greenhouse gas title—has the meaning given by clause 8B.

designated work group means:

                     (a)  a group of members of the workforce at a facility that is established as a designated work group under clause 19 or 20; or

                     (b)  that group as varied in accordance with clause 21 or 22.

employee, in relation to an employer, means an employee of that employer.

employer means an employer who carries on an activity at a facility.

enter, when used in relation to a vessel, includes board.

facility means a facility as defined by clause 4, and:

                     (a)  includes a facility (as defined by clause 4) that is being constructed or installed; and

                     (b)  except in the definition of associated offshore place, includes an associated offshore place in relation to a facility (as defined by clause 4).

greenhouse gas title means:

                     (a)  a greenhouse gas assessment permit; or

                     (b)  a greenhouse gas holding lease; or

                     (c)  a greenhouse gas injection licence.

group member, in relation to a designated work group at a facility, means a person who is:

                     (a)  a member of the workforce at that facility; and

                     (b)  included in that designated work group.

health and safety requirement: see clause 16A.

master, in relation to a vessel, means the person having command or charge of the vessel.

member of the workforce, in relation to a facility, means an individual who does work at the facility:

                     (a)  whether as an employee of the operator of the facility or of another person; or

                     (b)  whether as a contractor of the operator or of another person.

offence against a listed OHS law includes an offence against section 6 of the Crimes Act 1914 that relates to an offence against a listed OHS law.

Note:          For other ancillary offences, see section 11.6 of the Criminal Code.

offshore greenhouse gas storage operations has the same meaning as in Part 6.9 of this Act.

offshore petroleum operations has the same meaning as in Part 6.9 of this Act.

OHS do not disturb notice has the meaning given by subclause 76(1).

OHS improvement notice has the meaning given by subclause 78(1).

OHS inspection: see clause 49.

OHS prohibition notice has the meaning given by subclause 77(1).

operator, in relation to a facility or proposed facility, has the meaning given by clause 5.

operator’s representative at a facility means a person present at the facility in compliance with the obligations imposed on the operator by clause 6.

own includes own jointly or own in part.

petroleum title means:

                     (a)  a petroleum exploration permit; or

                     (b)  a petroleum retention lease; or

                     (c)  a petroleum production licence.

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).

proposed facility means a facility proposed to be constructed, installed or operated.

recovery, in relation to petroleum, includes all processes directly or indirectly associated with its recovery. This definition does not, by implication, limit the meaning of the expression recovery when used in a provision of this Act other than this Schedule.

registered organisation means an organisation registered or an association recognised under the Fair Work (Registered Organisations) Act 2009.

regulated business premises means:

                     (a)  a facility; or

                     (b)  premises that are:

                              (i)  occupied by a person who is the operator of a facility; and

                             (ii)  used, or proposed to be used, wholly or principally in connection with offshore petroleum operations or offshore greenhouse gas storage operations; or

                     (c)  premises that are:

                              (i)  occupied by a person who is the registered holder of a petroleum title; and

                             (ii)  used, or proposed to be used, wholly or principally in connection with offshore petroleum operations; or

                     (d)  premises that are:

                              (i)  occupied by a person who is the registered holder of a greenhouse gas title; and

                             (ii)  used, or proposed to be used, wholly or principally in connection with offshore greenhouse gas storage operations.

regulations means regulations made for the purposes of this Schedule.

reviewing authority means the Fair Work Commission.

titleholder means the registered holder of:

                     (a)  a petroleum title; or

                     (b)  a greenhouse gas title.

titleholder’s representative, in relation to a titleholder within the meaning of this Schedule, has the meaning given by section 602K.

titleholder’s well‑related obligations means the obligations of a titleholder to comply with:

                     (a)  clause 13A of this Schedule (petroleum titleholder duty of care); or

                     (b)  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; or

                     (c)  clause 13B of this Schedule (greenhouse gas titleholder duty of care).

work means work offshore that is directly or indirectly related to the construction, installation, operation, maintenance or decommissioning of a facility.

workforce representative means:

                     (a)  in relation to a person who is a member of the workforce at a facility—an organisation registered or an association recognised under the Fair Work (Registered Organisations) Act 2009, of which that person is a member, if the person is qualified to be a member of that organisation or association because of the work the person performs at the facility; or

                     (b)  in relation to a designated work group or a proposed designated work group—an organisation registered or an association recognised under the Fair Work (Registered Organisations) Act 2009, of which a person who is, or who is likely to be, in the work group is a member, if the person is qualified to be a member of that organisation or association because of the work the person performs, or will perform, at a facility as a member of the group.

work group employer, in relation to a designated work group at a facility, means an employer of one or more group members, but does not include the operator of the facility.

workplace, in relation to a facility, means the whole facility or any part of the facility.

4  Facilities

Vessels or structures that are facilities—offshore petroleum operations

             (1)  A vessel or structure is taken to be a facility for the purposes of this Schedule while that vessel or structure:

                     (a)  is located at a site in Commonwealth waters; and

                     (b)  is being used, or prepared for use, at that site:

                              (i)  for the recovery of petroleum, for the processing of petroleum, or for the storage and offloading of petroleum, or for any combination of those activities; or

                             (ii)  for the provision of accommodation for persons working on another facility, whether connected by a walkway to that other facility or not; or

                            (iii)  for drilling or servicing a well for petroleum or doing work associated with the drilling or servicing process; or

                            (iv)  for laying pipes for petroleum, including any manufacturing of such pipes, or for doing work on an existing pipe; or

                             (v)  for the erection, dismantling or decommissioning of a vessel or structure referred to in a previous subparagraph of this paragraph; or

                            (vi)  for any other purpose related to offshore petroleum operations that is prescribed for the purposes of this subparagraph.

             (2)  Subclause (1) applies to a vessel or structure:

                     (a)  whether it is floating or fixed; and

                     (b)  whether or not it is capable of independent navigation.

             (3)  Subclause (1) has effect subject to subclauses (6) and (7).

             (4)  A vessel or structure used for a purpose referred to in subparagraph (1)(b)(i) includes:

                     (a)  any wells and associated plant and equipment by means of which petroleum processed or stored at the vessel or structure is recovered; and

                     (b)  any pipe or system of pipes through which petroleum is conveyed from a well to the vessel or structure; and

                     (c)  any secondary line associated with the vessel or structure.

             (5)  For the purposes of subclause (1), a vessel or structure that is located offshore for the purpose of laying pipes as described in subparagraph (1)(b)(iv) is taken to be located at a site, despite the fact that the vessel or structure moves as the pipe laying process proceeds.

Vessels or structures that are facilities—offshore greenhouse gas storage operations

          (5A)  A vessel or structure is taken to be a facility for the purposes of this Schedule while that vessel or structure:

                     (a)  is located at a site in Commonwealth waters; and

                     (b)  is being used, or prepared for use, at that site:

                              (i)  for the injection of a greenhouse gas substance into the seabed or subsoil; or

                             (ii)  for the storage of a greenhouse gas substance in the seabed or subsoil; or

                            (iii)  for the compression of a greenhouse gas substance; or

                            (iv)  for the processing of a greenhouse gas substance; or

                             (v)  for the pre‑injection storage of a greenhouse gas substance; or

                            (vi)  for the offloading of a greenhouse gas substance; or

                           (vii)  for the monitoring of a greenhouse gas substance stored in the seabed or subsoil; or

                          (viii)  for any combination of activities covered by any of the preceding subparagraphs; or

                            (ix)  for the provision of accommodation for persons working on another facility, whether connected by a walkway to that other facility or not; or

                             (x)  for drilling or servicing a well for injecting a greenhouse gas substance into the seabed or subsoil or doing work associated with the drilling or servicing process; or

                            (xi)  for laying pipes for conveying a greenhouse gas substance, including any manufacturing of such pipes, or for doing work on an existing pipe; or

                           (xii)  for the erection, dismantling or decommissioning of a vessel or structure referred to in a previous subparagraph of this paragraph; or

                          (xiii)  for any other purpose related to offshore greenhouse gas storage operations that is prescribed for the purposes of this subparagraph.

          (5B)  Subclause (5A) applies to a vessel or structure:

                     (a)  whether it is floating or fixed; and

                     (b)  whether or not it is capable of independent navigation.

          (5C)  Subclause (5A) has effect subject to subclauses (6) and (7).

          (5D)  A vessel or structure used for a purpose referred to in subparagraph (5A)(b)(i), (ii), (iii), (iv), (v), (vi), (vii) or (viii) includes:

                     (a)  any wells and associated plant and equipment by means of which a greenhouse gas substance processed or temporarily stored at the vessel or structure is injected into the seabed or subsoil; and

                     (b)  any pipe or system of pipes through which a greenhouse gas substance is conveyed from the vessel or structure to a well; and

                     (c)  any greenhouse gas injection line associated with the vessel or structure.

          (5E)  For the purposes of subclause (5A), a vessel or structure that is located offshore for the purpose of laying pipes as described in subparagraph (5A)(b)(xi) is taken to be located at a site, despite the fact that the vessel or structure moves as the pipe laying process proceeds.

Vessels or structures that are not facilities

             (6)  Despite subclauses (1) and (5A), a vessel or structure is taken not to be a facility for the purposes of this Schedule if the vessel or structure is:

                     (a)  an offtake tanker; or

                     (b)  a tug or an anchor handler; or

                     (c)  a vessel or structure used for supplying a facility or otherwise travelling between a facility and the shore; or

                     (d)  a vessel or structure used for any purpose such that it is declared by the regulations not to be a facility.

Use for a particular purpose

             (7)  In determining when a vessel or structure that has the potential to be used for one or more of the purposes referred to in paragraph (1)(b) or (5A)(b) is in fact being so used, the vessel or structure is taken:

                     (a)  to commence to be so used only at the time when it arrives at the site where it is to be so used and any activities necessary to make it operational at that site are begun; and

                     (b)  to cease to be so used when operations cease, and the vessel or structure has been returned either to a navigable form or to a form in which it can be towed to another place.

Pipelines that are facilities

             (8)  Each of the following is taken to be a facility for the purposes of this Schedule:

                     (a)  a pipeline subject to a pipeline licence;

                     (b)  if a pipeline subject to a pipeline licence conveys petroleum recovered from a well without the petroleum having passed through another facility—that pipeline, together with:

                              (i)  that well and associated plant and equipment; and

                             (ii)  any pipe or system of pipes through which petroleum is conveyed from that well to that pipeline;

                     (c)  if a pipeline subject to a pipeline licence conveys a greenhouse gas substance to a well without the greenhouse gas substance having passed through another facility—that pipeline, together with:

                              (i)  that well and associated plant and equipment; and

                             (ii)  any pipe or system of pipes through which a greenhouse gas substance is conveyed to that well from that pipeline.

             (9)  In paragraph (8)(b):

facility does not include a pipeline.

5  Operator of a facility or proposed facility

             (1)  For the purposes of this Schedule, the operator, in relation to a facility or proposed facility, is the person who, under the regulations, is registered by NOPSEMA as the operator of that facility or proposed facility.

             (2)  The regulations may authorise NOPSEMA to cancel the registration of a person as the operator of a facility or proposed facility.

6  Operator must ensure presence of operator’s representative

Basic requirements

             (1)  The operator of a facility must ensure that, at all times when one or more individuals are present at a facility, there is also present an individual (the operator’s representative at the facility) who has day‑to‑day management and control of operations at the facility.

             (2)  The operator of a facility must take all reasonably practicable steps to ensure that the name of the operator’s representative at the facility is displayed in a prominent place at the facility.

Offence

             (3)  A person commits an offence of strict liability if:

                     (a)  the person is subject to a requirement under subclause (1) or (2); 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

          (4A)  A person is liable to a civil penalty if the person contravenes a requirement under subclause (1) or (2).

Civil penalty:          135 penalty units.

Continuing offences

          (4B)  A person who commits an offence against subclause (3) commits a separate offence in respect of each day (including a day of a conviction under this clause or any later day) during which the offence continues.

          (4C)  The maximum penalty for each day that an offence under subclause (3) continues is 10% of the maximum penalty that can be imposed in respect of that offence.

Continuing contraventions of civil penalty provisions

          (4D)  A person who contravenes subclause (4A) commits a separate contravention in respect of each day (including a day of the making of a relevant civil penalty order or any later day) during which the contravention continues.

          (4E)  The maximum civil penalty for each day that a contravention of subclause (4A) continues is 10% of the maximum civil penalty that can be imposed in respect of that contravention.

Operators who are individuals

             (5)  Subclause (1) does not imply that, if the operator is an individual, the operator’s representative at the facility may not be, from time to time, the operator.

7  Health and safety of persons using an accommodation facility

                   For the avoidance of doubt, a reference in this Schedule to the occupational health and safety of a person includes a reference to the health and safety of a person using an accommodation facility provided for the accommodation of persons working on another facility.

8  Contractor

                   For the purposes of this Schedule, if an individual does work at a facility under a contract for services between:

                     (a)  a person (the relevant person); and

                     (b)  either:

                              (i)  the individual; or

                             (ii)  the employer of the individual;

the individual is taken to be a contractor of the relevant person.

8A  When a petroleum title is derived from another petroleum title

Petroleum production licences

             (1)  For the purposes of this Schedule, if a petroleum production licence was granted to the registered holder of:

                     (a)  a petroleum retention lease; or

                     (b)  a petroleum exploration permit;

that was in force over the block or blocks to which the licence relates, the licence is derived from:

                     (c)  the lease or permit; and

                     (d)  each petroleum title from which the lease or permit referred to in paragraph (c) was derived.

Petroleum retention leases

             (2)  For the purposes of this Schedule, if a petroleum retention lease was granted to the registered holder of:

                     (a)  a petroleum exploration permit; or

                     (b)  a petroleum production licence;

that was in force over the block or blocks to which the lease relates, the lease is derived from:

                     (c)  the permit or licence; and

                     (d)  each petroleum title from which the permit or licence referred to in paragraph (c) was derived.

Renewals

             (3)  For the purposes of this Schedule, if there is a series of one or more renewals of a petroleum title, each petroleum title in that series is derived from:

                     (a)  each of the earlier petroleum titles in that series; and

                     (b)  each petroleum title from which each of those earlier petroleum titles was derived.

For this purpose, the series includes the original petroleum title.

Application

             (4)  Subclauses (1) and (2) apply to a grant, whether occurring before, at or after the commencement of this clause.

             (5)  Subclause (3) applies to a renewal, whether occurring before, at or after the commencement of this clause.

             (6)  For the purposes of the application of this clause to the grant of:

                     (a)  a petroleum production licence; or

                     (b)  a petroleum retention lease;

that occurred before the commencement of Chapter 2, a reference to a registered holder is a reference to a registered holder (within the meaning of the repealed Petroleum (Submerged Lands) Act 1967).

8B  When a greenhouse gas title is derived from another greenhouse gas title

Greenhouse gas injection licences

             (1)  For the purposes of this Schedule, if a greenhouse gas injection licence was granted to the registered holder of:

                     (a)  a greenhouse gas holding lease; or

                     (b)  a greenhouse gas assessment permit;

that was in force over the block or blocks to which the licence relates, the licence is derived from:

                     (c)  the lease or permit; and

                     (d)  each greenhouse gas title from which the lease or permit referred to in paragraph (c) was derived.

Greenhouse gas holding leases

             (2)  For the purposes of this Schedule, if a greenhouse gas holding lease was granted to the registered holder of a greenhouse gas assessment permit that was in force over the block or blocks to which the lease relates, the lease is derived from:

                     (a)  the permit; and

                     (b)  each greenhouse gas title from which the permit referred to in paragraph (a) was derived.

Renewals

             (3)  For the purposes of this Schedule, if there is a series of one or more renewals of a greenhouse gas title, each greenhouse gas title in that series is derived from:

                     (a)  each of the earlier greenhouse gas titles in that series; and

                     (b)  each greenhouse gas title from which each of those earlier greenhouse gas titles was derived.

For this purpose, the series includes the original greenhouse gas title.

Application

             (4)  Subclauses (1) and (2) apply to a grant, whether occurring before, at or after the commencement of this clause.

             (5)  Subclause (3) applies to a renewal, whether occurring before, at or after the commencement of this clause.

Part 2Occupational health and safety

Division 1Duties relating to occupational health and safety

9  Duties of operator

General duties

             (1)  The operator of a facility must take all reasonably practicable steps to ensure that:

                     (a)  the facility is safe and without risk to the health of any person at or near the facility; and

                     (b)  all work and other activities carried out on the facility are carried out in a manner that is safe and without risk to the health of any person at or near the facility.

Note 1:       See also clause 16.

Note 2:       Breach of a requirement under this subclause is an offence: see Division 1A.

Specific duties

             (2)  The operator of a facility is taken to be subject, under subclause (1), to each of the following requirements:

                     (a)  to take all reasonably practicable steps to provide and maintain a physical environment at the facility that is safe and without risk to health;

                     (b)  to take all reasonably practicable steps to provide and maintain adequate facilities for the welfare of all members of the workforce at the facility;

                     (c)  to take all reasonably practicable steps to ensure that any plant, equipment, materials and substances at the facility are safe and without risk to health;

                     (d)  to take all reasonably practicable steps to implement and maintain systems of work at the facility that are safe and without risk to health;

                     (e)  to take all reasonably practicable steps to implement and maintain appropriate procedures and equipment for the control of, and response to, emergencies at the facility;

                      (f)  to take all reasonably practicable steps to provide all members of the workforce, in appropriate languages, with the information, instruction, training and supervision necessary for them to carry out their activities in a manner that does not adversely affect the health and safety of persons at the facility;

                     (g)  to take all reasonably practicable steps to monitor the health and safety of all members of the workforce and keep records of that monitoring;

                     (h)  to take all reasonably practicable steps to provide appropriate medical and first aid services at the facility;

                      (i)  to take all reasonably practicable steps to develop, in consultation with:

                              (i)  members of the workforce; and

                             (ii)  if a member of the workforce at the facility has requested a workforce representative in relation to the member to be involved in those consultations—that workforce representative;

                            a policy, relating to occupational health and safety, that:

                            (iii)  will enable the operator and the members of the workforce to cooperate effectively in promoting and developing measures to ensure the occupational health and safety of persons at the facility; and

                            (iv)  will provide adequate mechanisms for reviewing the effectiveness of the measures; and

                             (v)  provides for the making of an agreement that complies with subclauses (5) and (6).

             (3)  Subclause (2) does not limit subclause (1).

Agreement

             (5)  The agreement referred to in subparagraph (2)(i)(v) must be between:

                     (a)  on the one hand—the operator; and

                     (b)  on the other hand:

                              (i)  the members of the workforce; and

                             (ii)  if a member of the workforce at the facility has requested a workforce representative in relation to the member to be a party to that agreement—that workforce representative.

             (6)  The agreement referred to in subparagraph (2)(i)(v) must provide appropriate mechanisms for continuing consultation between:

                     (a)  on the one hand—the operator; and

                     (b)  on the other hand:

                              (i)  the members of the workforce; and

                             (ii)  if a member of the workforce at the facility has requested a workforce representative in relation to the member to be involved in consultations on a particular occasion—that workforce representative.

The agreement must provide for such other matters (if any) as are agreed between the parties to the agreement.

10  Duties of persons in control of parts of facility or particular work

General duties

             (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 that:

                     (a)  that part of the facility, or the place where that 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.

Note 1:       See also clause 16.

Note 2:       Breach of a requirement under this subclause is an offence: see Division 1A.

Specific duties

             (2)  A person who is in control of any part of a facility, or of any particular work carried out at a facility, is taken to be subject, under subclause (1), to each of the following requirements:

                     (a)  to take all reasonably practicable steps to ensure that the physical environment at that part of the facility, or at the place where the work is carried out, is safe and without risk to health;

                     (b)  to take all reasonably practicable steps to ensure that 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)  to take all reasonably practicable steps to implement and maintain systems of work at that part of the facility, or in carrying out work at that place, that are safe and without risk to health;

                     (d)  to take all reasonably practicable steps to 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;

                     (e)  to take all reasonably practicable steps to 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.

             (3)  Subclause (2) does not limit subclause (1).

11  Duties of employers

General duties in relation to employees

             (1)  An employer must take all reasonably practicable steps to protect the health and safety of employees at a facility.

Note 1:       See also clause 16.

Note 2:       Breach of a requirement under this subclause is an offence: see Division 1A.

Specific duties in relation to employees

             (2)  An employer is taken to be subject, under subclause (1), to each of the following requirements:

                     (a)  to take all reasonably practicable steps to provide and maintain a working environment that is safe for employees and without risk to their health;

                     (b)  to take all reasonably practicable steps to ensure that any plant, equipment, materials and substances used in connection with the employees’ work are safe and without risk to health;

                     (c)  to take all reasonably practicable steps to implement and maintain systems of work that are safe and without risk to health;

                     (d)  to take all reasonably practicable steps to provide a means of access to, and egress from, the employees’ work location that is safe and without risk to health;

                     (e)  to take all reasonably practicable steps to 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)  An employer is taken to be subject, under subclause (1), to each of the following requirements:

                     (a)  to take all reasonably practicable steps to monitor the health and safety of employees;

                     (b)  to take all reasonably practicable steps to keep records of that monitoring.

             (4)  Subclauses (2) and (3) do not limit subclause (1).

Duties in relation to contractors

             (6)  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.

12  Duties of manufacturers in relation to plant and substances

Duties of manufacturer of plant

             (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 that the plant is so designed and constructed as to be, when properly used, safe and without risk to health; and

                     (b)  to carry out, or cause to be carried out, the research, testing 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; and

                             (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.

Note 1:       See also clause 16.

Note 2:       Breach of a requirement under this subclause is an offence: see Division 1A.

Duties of manufacturer of substance

             (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 that the substance is so manufactured as to be, when properly used, safe and without risk to health; and

                     (b)  to carry out, or cause to be carried out, the research, testing 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

                     (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; and

                             (ii)  details of its composition; and

                            (iii)  any conditions necessary to ensure that, 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.

Note 1:       See also clause 16.

Note 2:       Breach of a requirement under this subclause is an offence: see Division 1A.

Importer deemed to be manufacturer

             (4)  For the purposes of this clause, if:

                     (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 to be the manufacturer of the plant or substance.

Other laws not affected

             (5)  This clause does not affect the operation of the Competition and Consumer Act 2010, or of any other law of the Commonwealth, a State or a 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.

13  Duties of suppliers of facilities, plant and substances

Duties of supplier

             (1)  A supplier of a facility, or of any plant or substance that 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 that, at the time of supply, the facility, or the plant or substance, is in such condition as to be, when properly used, safe and without risk to health; and

                     (b)  to carry out, or cause to be carried out, the research, testing 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:

                              (i)  in the case of a facility—to the operator of a facility; and

                             (ii)  in the case of plant or substance—to the person to whom the plant or substance is supplied;

                            adequate written information, in connection with the use of the facility, plant or substance, as the case requires, about:

                            (iii)  the condition of the facility, plant or substance at the time of supply; and

                            (iv)  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; and

                             (v)  the steps that need to be taken in order to eliminate such risk; and

                            (vi)  in the case of 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 facility.

Note 1:       See also clause 16.

Note 2:       Breach of a requirement under this subclause is an offence: see Division 1A.

Financing arrangements

             (3)  For the purposes of subclause (1), if a person (the ostensible supplier) supplies to a person either 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; and

                     (b)  has, in the course of that business, acquired an interest in the facility, or in the plant or substance, from another person (the actual supplier), solely for the purpose of 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 the purpose of passing possession of the facility, plant or substance to the person to whom it is finally supplied;

a reference in subclause (1) to a supplier is, in relation to the facility, plant or substance referred to in this subclause, to be read as a reference to the actual supplier and not as a reference to the ostensible supplier.

Other laws not affected

             (4)  This clause does not affect the operation of the Competition and Consumer Act 2010, or of any other law of the Commonwealth, a State or a Territory that imposes an obligation in relation to the sale or supply of goods or in relation to the information to be supplied in relation to goods.

13A  Duties of petroleum titleholders in relation to wells

             (1)  If:

                     (a)  either:

                              (i)  a well has been used, is being used, has been prepared for use, or is being prepared for use, in connection with operations authorised by a petroleum title (the current title); or

                             (ii)  a well has been used in connection with operations authorised by a petroleum title from which the current title is derived, and the well is wholly or partly situated in the title area of the current title; and

                     (b)  the well is not suspended, abandoned or closed off;

the registered holder of the current title must ensure that the well is so designed, constructed, commissioned, altered, equipped, maintained and operated that risks to the health and safety of persons at or near a facility from:

                     (c)  the well; or

                     (d)  any unplanned escape of fluids from the well; or

                     (e)  anything in the well; or

                      (f)  anything in a geological formation, or a part of a geological formation:

                              (i)  to which the well is connected; or

                             (ii)  through which the well passes;

are as low as is reasonably practicable.

Note 1:       For derived, see clause 8A.

Note 2:       Breach of a requirement under this subclause is an offence: see Division 1A.

             (2)  If:

                     (a)  either:

                              (i)  a well has been used in connection with operations authorised by a petroleum title (the current title); or

                             (ii)  a well has been used in connection with operations authorised by a petroleum title from which the current title is derived, and the well is wholly or partly situated in the title area of the current title; and

                     (b)  the well has been, is being, or is to be, suspended, abandoned or closed‑off;

then the registered holder of the current title must ensure that the well is so suspended, abandoned or closed‑off that risks to the health and safety of persons at or near a facility from:

                     (c)  the well; or

                     (d)  any unplanned escape of fluids from the well; or

                     (e)  anything in the well; or

                      (f)  anything in a geological formation, or a part of a geological formation:

                              (i)  to which the well is connected; or

                             (ii)  through which the well passes;

are as low as is reasonably practicable.

Note 1:       For derived, see clause 8A.

Note 2:       Breach of a requirement under this subclause is an offence: see Division 1A.

Diving operations

             (6)  For the purposes of this clause, if a person is engaged in diving operations that are:

                     (a)  offshore petroleum operations; or

                     (b)  offshore greenhouse gas storage operations;

the person is taken to be at or near a facility.

Definitions

             (7)  In this clause:

construct, in relation to a well, includes:

                     (a)  drill, bore, or otherwise make, the well; and

                     (b)  install any well‑related equipment associated with the well.

prepare includes construct.

title area:

                     (a)  in relation to a petroleum exploration permit—means the permit area; or

                     (b)  in relation to a petroleum retention lease—means the lease area; or

                     (c)  in relation to a petroleum production licence—means the licence area.

well includes well‑related equipment associated with a well.

13B  Duties of greenhouse gas titleholders in relation to wells

             (1)  If:

                     (a)  either:

                              (i)  a well has been used, is being used, has been prepared for use, or is being prepared for use, in connection with operations authorised by a greenhouse gas title (the current title); or

                             (ii)  a well has been used in connection with operations authorised by a greenhouse gas title from which the current title is derived, and the well is wholly or partly situated in the title area of the current title; and

                     (b)  the well is not suspended, abandoned or closed off;

the registered holder of the current title must ensure that the well is so designed, constructed, commissioned, altered, equipped, maintained and operated that risks to the health and safety of persons at or near a facility from:

                     (c)  the well; or

                     (d)  any unplanned escape of fluids from the well; or

                     (e)  anything in the well; or

                      (f)  anything in a geological formation, or a part of a geological formation:

                              (i)  to which the well is connected; or

                             (ii)  through which the well passes;

are as low as is reasonably practicable.

Note:          For derived, see clause 8B.

             (2)  If:

                     (a)  either:

                              (i)  a well has been used in connection with operations authorised by a greenhouse gas title (the current title); or

                             (ii)  a well has been used in connection with operations authorised by a greenhouse gas title from which the current title is derived, and the well is wholly or partly situated in the title area of the current title; and

                     (b)  the well has been, is being, or is to be, suspended, abandoned or closed‑off;

the registered holder of the current title must ensure that the well is so suspended, abandoned or closed‑off that risks to the health and safety of persons at or near a facility from:

                     (c)  the well; or

                     (d)  any unplanned escape of fluids from the well; or

                     (e)  anything in the well; or

                      (f)  anything in a geological formation, or a part of a geological formation:

                              (i)  to which the well is connected; or

                             (ii)  through which the well passes;

are as low as is reasonably practicable.

Note:          For derived, see clause 8B.

Offence

             (3)  A person commits an offence if:

                     (a)  the person is subject to a requirement under subclause (1) or (2); and

                     (b)  the person omits to do an act; and

                     (c)  the omission breaches the requirement.

Penalty:  200 penalty units.

             (4)  Absolute liability applies to paragraph (3)(a).

Note:          For absolute liability, see section 6.2 of the Criminal Code.

             (5)  The fault element for paragraphs (3)(b) and (c) is negligence.

Diving operations

             (6)  For the purposes of this clause, if a person is engaged in diving operations that are:

                     (a)  offshore petroleum operations; or

                     (b)  offshore greenhouse gas storage operations;

the person is taken to be at or near a facility.

Definitions

             (7)  In this clause:

construct, in relation to a well, includes:

                     (a)  drill, bore, or otherwise make, the well; and

                     (b)  install any well‑related equipment associated with the well.

prepare includes construct.

title area:

                     (a)  in relation to a greenhouse gas assessment permit—means the permit area; or

                     (b)  in relation to a greenhouse gas holding lease—means the lease area; or

                     (c)  in relation to a greenhouse gas injection licence—means the licence area.

well includes well‑related equipment associated with a well.

14  Duties of persons erecting facilities or installing plant

Duties

             (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 that the facility or plant is not erected or installed in such a way that it is unsafe or constitutes a risk to health.

Note 1:       See also clause 16.

Note 2:       Breach of a requirement under this subclause is an offence: see Division 1A.

Other laws not affected

             (3)  This clause does not affect the operation of the Competition and Consumer Act 2010, or of any other law of the Commonwealth, a State or a Territory that imposes an obligation in relation to the erection or installation of goods or the supply of services.

15  Duties of persons in relation to occupational health and safety

Duties of person at a facility

             (1)  A person at a facility must, at all times, take all reasonably practicable steps:

                     (a)  to ensure that the person does not take any action, or make any omission, that creates a risk, or increases an existing risk, to the health or safety of that person or of any other person at or near the facility; and

                     (b)  in respect of any obligation imposed on the operator or on any other person by or under a listed OHS law—to cooperate with the operator or that other person to the extent necessary to enable the operator or that other person to fulfil that 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

                             (ii)  necessary to protect the 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.

Note:          Breach of a requirement under this subclause is an offence: see Division 1A.

Agreements

             (3)  Despite subclause (1), the choice or manner of use of equipment of the kind referred to in subparagraph (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.

             (4)  If an agreement of the kind referred to in paragraph (3)(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 that kind that is so provided unless the equipment has been chosen in accordance with that process.

             (5)  If an agreement of the kind referred to in paragraph (3)(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 that kind that is so provided unless the manner has been determined in accordance with that process.

16  Reliance on information supplied or results of research

Clause 9, 10 or 11

             (1)  For the purpose of the application of clause 9, 10 or 11 to the use of plant or a substance, a person on whom an obligation is imposed under that clause is regarded as having taken such reasonably practicable steps as that clause requires, in relation to the use of the plant or substance, to the extent that:

                     (a)  the person ensured, so far as practicable, that its use was in accordance with the information supplied by the manufacturer or the supplier of the plant or substance relating to health and safety in its use; and

                     (b)  it was reasonable for the person to rely on that information.

             (2)  Subclause (1) does not limit the generality of what constitutes reasonably practicable steps as required by clause 9, 10 or 11.

Clause 12 or 13

             (3)  For the purpose of the application of clause 12 or 13 to carrying out research, testing and examining a facility, or any plant or substance, a person on whom an obligation is imposed under that clause is regarded as having taken such reasonably practicable steps as that clause requires, 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 that research, testing or examination.

             (4)  Subclause (3) does not limit the generality of what constitutes reasonably practicable steps as required by clause 12 or 13.

Clause 14

             (5)  For the purpose of the application of clause 14 to the erection of a facility or the erection or installation of plant at a facility, a person on whom an obligation is imposed under that clause is regarded as having taken such reasonably practicable steps as that clause requires to the extent that:

                     (a)  the person ensured, so far as is reasonably practicable, that the erection of the facility, or the 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 health and safety of persons at the facility; and

                     (b)  it was reasonable for the person to rely on that information.

             (6)  Subclause (5) does not limit the generality of what constitutes reasonably practicable steps as required by clause 14.

Division 1AOccupational health and safety duties: enforcement

16A  Meaning of health and safety requirement

                   In this Schedule:

health and safety requirement means a requirement under any of the following provisions:

                     (a)  subclause 9(1) (duties of operator);

                     (b)  subclause 10(1) (duties of persons in control of facility or particular work);

                     (c)  subclause 11(1) (duties of employers);

                     (d)  subclause 12(1) or (2) (duties of manufacturers in relation to plant and substances);

                     (e)  subclause 13(1) (duties of suppliers of facilities, plant and substances);

                      (f)  subclause 13A(1) or (2) (duties of petroleum titleholders in relation to wells);

                     (g)  subclause 14(1) (duties of persons erecting facilities or installing plant);

                     (h)  subclause 15(1) (duties of persons in relation to occupational health and safety).

16B  Occupational health and safety duties offence—recklessness

Offence

             (1)  A person commits an offence if:

                     (a)  the person is subject to a health and safety requirement; and

                     (b)  the person omits to do an act; and

                     (c)  the omission breaches the requirement.

Penalty:  3,500 penalty units.

Fault elements

             (2)  Absolute liability applies to paragraph (1)(a).

Note:          For absolute liability, see section 6.2 of the Criminal Code.

             (3)  Recklessness applies to paragraphs (1)(b) and (c).

Note:          For recklessness, see section 5.4 of the Criminal Code.

16C  Occupational health and safety duties offence—negligence

Offence

             (1)  A person commits an offence if:

                     (a)  the person is subject to a health and safety requirement; and

                     (b)  the person omits to do an act; and

                     (c)  the omission breaches the requirement.

Penalty:  1,750 penalty units.

Fault elements

             (2)  Absolute liability applies to paragraph (1)(a).

Note:          For absolute liability, see section 6.2 of the Criminal Code.

             (3)  Negligence applies to paragraphs (1)(b) and (c).

Note:          For negligence, see section 5.5 of the Criminal Code.

Division 2Regulations relating to occupational health and safety

17  Regulations relating to occupational health and safety

             (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.

             (2)  Subclause (1) has effect subject to this Schedule.

             (3)  Regulations made for the purposes of subclause (1) may make provision for any or all 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 paragraph 12(1)(c) or (2)(c) or 13(1)(c) of this Schedule is to be so made available;

                      (f)  prohibiting, except in accordance with licences granted under the regulations, the use of specified plant or specified substances at a facility;

                     (g)  providing for:

                              (i)  the issue, variation, renewal, transfer, suspension and cancellation of such licences; and

                             (ii)  the conditions to which the licences may be subject;

                     (h)  regulating the maintenance and testing of plant used at a facility;

                      (i)  regulating the labelling or marking of substances used at a facility;

                      (j)  regulating the transport of specified plant or specified 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;

                     (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.

             (4)  Subclause (3) does not limit subclause (1).

             (5)  Regulations made for the purposes of this clause may make different provision in respect of different classes of facility.

             (6)  Subclause (5) does not limit subsection 33(3A) of the Acts Interpretation Act 1901.

Part 3Workplace arrangements

Division 1Introduction

18  Simplified outline

                   The following is a simplified outline of this Part:

•      A group of members of the workforce at a facility may be established as a designated work group.

•      The members of a designated work group may select a health and safety representative for that designated work group.

•      The health and safety representative may exercise certain powers for the purpose of promoting or ensuring the health and safety of the group members.

•      A health and safety committee may be established in relation to the members of the workforce at a facility.

•      The main function of a health and safety committee is to assist the operator in relation to occupational health and safety matters.

Division 2Designated work groups

Subdivision AEstablishment of designated work groups

19  Establishment of designated work groups by request

Request

             (1)  A request to the operator of a facility to enter into consultations to establish designated work groups in relation to the members of the workforce at the facility may be made by:

                     (a)  any member of the workforce; or

                     (b)  if a member of the workforce requests a workforce representative in relation to the member to make the request to the operator—that workforce representative.

Consultations

             (2)  The operator of a facility must, within 14 days after receiving a request under subclause (1), enter into consultations with:

                     (a)  if any member of the workforce made a request to establish designated work groups:

                              (i)  that member of the workforce; and

                             (ii)  if that member requests that the operator enter into consultations with a workforce representative in relation to the member—that workforce representative; and

                            (iii)  each employer (if any) of members of the workforce; and

                     (b)  if a workforce representative made a request to establish designated work groups:

                              (i)  if a member of the workforce requests that the operator enter into consultations with that workforce representative—that workforce representative; and

                             (ii)  each employer of members of the workforce.

Establishment

             (3)  Within 14 days after the completion of consultations about the establishment of the designated work groups, the operator must, by notifying the members of the workforce, establish the designated work groups in accordance with the outcome of the consultations.

20  Establishment of designated work groups at initiative of operator

Consultations

             (1)  If, at any time, the operator of a facility considers that designated work groups should be established, the operator must enter into consultations with:

                     (a)  all members of the workforce; and

                     (b)  if a member of the workforce requests that the operator enter into consultations with a workforce representative in relation to the member—that workforce representative; and

                     (c)  each employer (if any) of members of the workforce.

Establishment

             (2)  Within 14 days after the completion of consultations about the establishment of the designated work groups, the operator must, by notifying the members of the workforce, establish the designated work groups in accordance with the outcome of the consultations.

Subdivision BVariation of designated work groups

21  Variation of designated work groups by request

Request

             (1)  A request to the operator of a facility to enter into consultations to vary designated work groups that have already been established in relation to the members of the workforce at the facility may be made by:

                     (a)  any member of the workforce; or

                     (b)  if a member of the workforce requests a workforce representative in relation to the member to make the request to the operator—that workforce representative.

Consultations

             (2)  The operator of a facility must, within 14 days after receiving a request under subclause (1), enter into consultations with:

                     (a)  if any member of the workforce made a request to vary designated work groups:

                              (i)  that member of the workforce; and

                             (ii)  the health and safety representative of each designated work group affected by the proposed variation; and

                            (iii)  each work group employer (if any) in relation to each designated work group affected by the proposed variation; and

                     (b)  if a workforce representative made a request to vary designated work groups:

                              (i)  if a member of a designated work group affected by the proposed variation requests that the operator enter into consultations with a workforce representative in relation to the group—that workforce representative; and

                             (ii)  the health and safety representative of each designated work group affected by the proposed variation; and

                            (iii)  each work group employer (if any) in relation to each designated work group affected by the proposed variation.

Variation

             (3)  If:

                     (a)  consultations take place about the variation of designated work groups that have already been established; and

                     (b)  as a result of the consultations, it has been determined that the variation of some or all of those designated work groups is justified;

then, within 14 days after the completion of the consultations, the operator must, by notifying the members of the workforce who are affected by the variation, vary the designated work groups in accordance with the outcome of the consultations.

22  Variation of designated work groups at initiative of operator

Consultations

             (1)  If the operator of a facility believes the designated work groups should be varied, the operator may, at any time, enter into consultations about the variations with:

                     (a)  the health and safety representative of each of the designated work groups affected by the proposed variation; and

                     (b)  if a member of a designated work group affected by the proposed variation requests that the operator enter into consultations with a workforce representative in relation to the group—that workforce representative; and

                     (c)  each work group employer (if any) in relation to each designated work group affected by the proposed variation.

Variation

             (2)  If:

                     (a)  consultations take place about the variation of designated work groups that have already been established; and

                     (b)  as a result of the consultations, it has been determined that the variation of some or all of those designated work groups is justified;

then, within 14 days after the completion of the consultations, the operator must, by notifying the members of the workforce who are affected by the variation, vary the designated work groups in accordance with the outcome of the consultations.

Subdivision CGeneral

23  Referral of disagreement to reviewing authority

             (1)  If, in the course of consultations under clause 19, 20, 21 or 22, there is a disagreement between any of the parties to the consultation about the manner of establishing or varying a designated work group, any party may, for the purpose of facilitating that consultation, refer the matter of disagreement to the reviewing authority.

             (2)  If the matter of disagreement is referred to the reviewing authority, the parties to the disagreement must complete the consultation in accordance with the resolution of that matter by the reviewing authority.

24  Manner of grouping members of the workforce

             (1)  Consultations about the establishment or variation of a designated work group must be directed principally towards the determination of the manner of grouping members of the workforce:

                     (a)  that best and most conveniently enables their interests relating to occupational health and safety to be represented and safeguarded; and

                     (b)  that best takes account of the need for any health and safety representative selected for that designated work group to be accessible to each group member.

             (2)  The parties to the consultations must have regard, in particular, to:

                     (a)  the number of members of the workforce at the facility to which the consultation relates; and

                     (b)  the nature of each type of work performed by such members; and

                     (c)  the number and grouping of such members who perform the same or similar types of work; and

                     (d)  the workplaces where each type of work is performed; and

                     (e)  the nature of any risks to health and safety at each such workplace; and

                      (f)  any overtime or shift working arrangement at the facility.

             (3)  The designated work groups must be established or varied in such a way that, so far as practicable, each of the members of the workforce at a facility is in a designated work group.

             (4)  All the members of the workforce at a facility may be in one designated work group.

Division 3Health and safety representatives

Subdivision A