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Schedule 4—Oil pollution etc.

Schedule 4 Oil pollution etc.

Part 1 General amendments

Offshore Petroleum and Greenhouse Gas Storage Act 2006

1  Section 7

Insert:

designated external Territory means:

                     (a)  Norfolk Island ; or

                     (b)  the Territory of Christmas Island ; or

                     (c)  the Territory of Cocos (Keeling) Islands ; or

                     (d)  the Territory of Heard Island and McDonald Islands.

designated public official has the meaning given by section 33A.

2  After section 33

Insert:

33A   Designated public official

States

             (1)  For the purposes of this Act, if:

                     (a)  a Department of a State is specified in a written notice given to NOPSEMA by the responsible State Minister of the State for the purposes of this subsection; and

                     (b)  a person holds or performs the duties of the position of head (however described) of the Department;

the person is the designated public official of the State.

             (2)  For the purposes of this Act, if:

                     (a)  no notice is in force under paragraph (1)(a) in relation to a State; and

                     (b)  a Department of the State is administered by the responsible State Minister of the State; and

                     (c)  a person holds or performs the duties of the position of head (however described) of the Department;

the person is the designated public official of the State.

Northern Territory

             (3)  For the purposes of this Act, if:

                     (a)  a Department of the Northern Territory is specified in a written notice given to NOPSEMA by the responsible Northern Territory Minister for the purposes of this subsection; and

                     (b)  a person holds or performs the duties of the position of head (however described) of the Department;

the person is the designated public official of the Northern Territory.

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

                     (a)  no notice is in force under paragraph (3)(a); and

                     (b)  a Department of the Northern Territory is administered by the responsible Northern Territory Minister; and

                     (c)  a person holds or performs the duties of the position of head (however described) of the Department;

the person is the designated public official of the Northern Territory.

External Territories

             (5)  For the purposes of this Act, the Secretary of the Department administered by the Minister who administers the Norfolk Island Act 1979 is the designated public official of Norfolk Island.

Note:          For acting appointments, see section 33 of the Acts Interpretation Act 1901 .

             (6)  For the purposes of this Act, the Secretary of the Department administered by the Minister who administers the Christmas Island Act 1958 is the designated public official of the Territory of Christmas Island.

Note:          For acting appointments, see section 33 of the Acts Interpretation Act 1901 .

             (7)  For the purposes of this Act, the Secretary of the Department administered by the Minister who administers the Cocos (Keeling) Islands Act 1955 is the designated public official of the Territory of Cocos (Keeling) Islands.

Note:          For acting appointments, see section 33 of the Acts Interpretation Act 1901 .

             (8)  For the purposes of this Act, the Secretary of the Department administered by the Minister who administers the Heard Island and McDonald Islands Act 1953 is the designated public official of the Territory of Heard Island and McDonald Islands.

Note:          For acting appointments, see section 33 of the Acts Interpretation Act 1901 .

Other matters

             (9)  NOPSEMA must publish on NOPSEMA’s website a copy of a notice under paragraph (1)(a) or (3)(a).

           (10)  A notice under paragraph (1)(a) or (3)(a) is not a legislative instrument .

3  Section 572A

After:

If there is an escape of petroleum in relation to a petroleum activity, the titleholder is required to do the following in any offshore area:

       (a)     eliminate or control the escape;

      (b)     clean up the escaped petroleum and remediate any resulting damage to the environment;

       (c)     carry out environmental monitoring of the impact of the escape on the environment.

insert:

If any of the escaped petroleum has migrated to land or waters of a State, the Northern Territory or a designated external Territory, the titleholder is required to do the following on that land or in those waters:

       (a)     clean up the escaped petroleum and remediate any resulting damage to the environment;

      (b)     carry out environmental monitoring of the impact of the escape on the environment.

4  After section 572A

Insert:

572AA   Land or waters of a State or the Northern Territory

                   For the purposes of this Part, land or waters of a State or the Northern Territory means:

                     (a)  land or waters within the limits of the State or the Northern Territory, as the case may be; or

                     (b)  the coastal waters of the State or the Northern Territory, as the case may be.

572AB   Land or waters of a designated external Territory

                   For the purposes of this Part, land or waters of a designated external Territory means land or waters within the limits of the designated external Territory.

5  Subsection 572C(2)

Repeal the subsection, substitute:

Titleholder’s duty

             (2)  The registered holder of the title must:

                     (a)  in an offshore area, in accordance with the environment plan for the petroleum activity:

                              (i)  as soon as possible after becoming aware of the escape of petroleum, take all reasonably practicable steps to eliminate or control it; and

                             (ii)  clean up the escaped petroleum and remediate any resulting damage to the environment; and

                            (iii)  carry out environmental monitoring of the impact of the escape on the environment; and

                     (b)  if any of the escaped petroleum has migrated to land or waters of a State or the Northern Territory—on that land or in those waters, as the case may be, in accordance with the environment plan for the petroleum activity:

                              (i)  clean up the escaped petroleum and remediate any resulting damage to the environment; and

                             (ii)  carry out environmental monitoring of the impact of the escape on the environment; and

                     (c)  if any of the escaped petroleum has migrated to land or waters of a designated external Territory—on that land or in those waters, as the case may be, in accordance with the environment plan for the petroleum activity:

                              (i)  clean up the escaped petroleum and remediate any resulting damage to the environment; and

                             (ii)  carry out environmental monitoring of the impact of the escape on the environment.

6  After subsection 572D(2)

Insert:

          (2A)  Before doing anything under subsection (2) on or in land or waters of a State or the Northern Territory, NOPSEMA must consult the designated public official of the State or the Northern Territory, as the case may be.

          (2B)  Before doing anything under subsection (2) on or in land or waters of a designated external Territory, NOPSEMA must consult the designated public official of the designated external Territory.

7  After subsection 572E(2)

Insert:

          (2A)  Before doing anything under subsection (2) on or in land or waters of a State or the Northern Territory, the responsible Commonwealth Minister must consult the designated public official of the State or the Northern Territory, as the case may be.

          (2B)  Before doing anything under subsection (2) on or in land or waters of a designated external Territory, the responsible Commonwealth Minister must consult the designated public official of the designated external Territory.

8  Paragraph 572F(1)(b)

Omit “(the relevant jurisdiction )”.

9  Paragraph 572F(1)(b)

Omit “acting on behalf of the relevant jurisdiction”, substitute “acting on behalf of the State or the Northern Territory, as the case may be,”.

10  Paragraph 572F(1)(b)

Omit “land or waters of the relevant jurisdiction”, substitute “land or waters of the State or the Northern Territory, as the case may be”.

11  Paragraph 572F(2)(a)

Omit “relevant jurisdiction (or to the agency or authority acting on behalf of that jurisdiction)”, substitute “State or the Northern Territory, as the case may be (or to the agency or authority acting on behalf of the State or the Northern Territory, as the case may be)”.

12  Subsection 572F(3)

Omit “relevant jurisdiction, an agency or authority acting on behalf of that jurisdiction”, substitute “State or the Northern Territory, as the case may be, an agency or authority acting on behalf of the State or the Northern Territory, as the case may be,”.

13  Subsection 572F(4)

Repeal the subsection.

14  At the end of Part 6.1A

Add:

572G  Concurrent operation of State and Territory laws

                   This Part is not intended to exclude or limit the operation of a law of a State or Territory that is capable of operating concurrently with this Part.

572H  Constitutional basis of this Part

                   This Part relies on the Commonwealth’s legislative powers under paragraphs 51(xxix) (external affairs) and (xxxix) (incidental matters) of the Constitution.

572J  Additional operation of this Part

             (1)  In addition to section 572H, this Part also has effect as provided by this section.

Corporations

             (2)  This Part also has the effect it would have if a reference to an escape of petroleum were expressly confined to an escape of petroleum occurring as a result of, or in connection with, a petroleum activity in relation to a title the registered holder of which is a constitutional corporation.

Territories

             (3)  This Part also has the effect it would have if a reference to an escape of petroleum were expressly confined to an escape of petroleum to the extent to which the escaped petroleum has migrated to land or waters within the limits of a Territory.

15  Subsection 576A(4)

Repeal the subsection.

16  At the end of subsection 576B(1)

Add:

Note 1:       See also section 576C, which provides for matters related to directions made under this section.

Note 2:       Breach of a direction under this section may attract a criminal or civil penalty: see section 576D.

17  Subsection 576B(5)

Omit “The direction”, substitute “If there is no declared oil pollution emergency that relates to the title, the direction”.

18  Subsection 576B(6)

Repeal the subsection, substitute:

             (6)  If there is a declared oil pollution emergency that relates to the title:

                     (a)  the direction may require the registered holder of the title to take an action (or not to take an action) mentioned in subsection (2) or (3) (or both) anywhere in an offshore area, whether within or outside the title area; and

                     (b)  the direction may require the registered holder of the title to take an action (or not to take an action) mentioned in subsection (2) or (3) (or both) anywhere on or in land or waters of a State or the Northern Territory, so long as NOPSEMA consulted the designated public official of the State or the Northern Territory, as the case may be, about the requirement before giving the direction; and

                     (c)  the direction may require the registered holder of the title to take an action (or not to take an action) mentioned in subsection (2) or (3) (or both) anywhere on or in land or waters of a designated external Territory, so long as NOPSEMA consulted the designated public official of the designated external Territory about the requirement before giving the direction.

          (6A)  If the direction requires the registered holder of the title (the first registered holder ) to take an action in, or in relation to, the title area of a title held by another registered holder, NOPSEMA must:

                     (a)  give a copy of the direction to the other registered holder; and

                     (b)  do so as soon as practicable after the direction is given to the first registered holder.

          (6B)  If the direction requires the registered holder of the title to take an action in, or in relation to, the area of:

                     (a)  a State/Territory petroleum exploration title held by another person; or

                     (b)  a State/Territory petroleum production title held by another person; or

                     (c)  a State/Territory petroleum retention title held by another person; or

                     (d)  a State/Territory petroleum infrastructure title held by another person; or

                     (e)  a State/Territory petroleum pipeline title held by another person;

NOPSEMA must:

                      (f)  give a copy of the direction to the other person; and

                     (g)  do so as soon as practicable after the direction is given to the registered holder.

19  At the end of section 576B

Add:

When a declared oil pollution emergency relates to a title

             (8)  For the purposes of this section, a declared oil pollution emergency relates to a title if it is attributable to one or more petroleum activities of the registered holder of the title.

Definitions

             (9)  In this section:

area of a State/Territory petroleum pipeline title means the part of the relevant waters of a State or the Northern Territory in which the relevant pipeline is constructed.

declared oil pollution emergency has the same meaning as in Schedule 2A.

land or waters of a State or the Northern Territory means:

                     (a)  land or waters within the limits of the State or the Northern Territory, as the case may be; or

                     (b)  the coastal waters of the State or the Northern Territory, as the case may be.

petroleum activity has the same meaning as in Schedule 2A.

relevant waters of a State or the Northern Territory means:

                     (a)  waters within the limits of the State or the Northern Territory, as the case may be; or

                     (b)  the coastal waters of the State or the Northern Territory, as the case may be.

State/Territory petroleum infrastructure title means an instrument under a law of a State or the Northern Territory that confers, in relation to the coastal waters of the State or Territory, rights that correspond to the rights that an infrastructure licence confers in relation to the offshore area of the State or the Principal Northern Territory offshore area, as the case requires.

State/Territory petroleum pipeline title means an instrument under a law of a State or the Northern Territory that confers, in relation to the coastal waters of the State or Territory, rights that correspond to the rights that a pipeline licence confers in relation to the offshore area of the State or the Principal Northern Territory offshore area, as the case requires.

20  After subsection 576C(2)

Insert:

          (2A)  If the oil pollution emergency provisions of an environment plan are inconsistent with a direction under section 576B, the environment plan has no effect to the extent of the inconsistency.

21  At the end of section 576C

Add:

Definitions

             (9)  In this section:

environment plan means an environment plan that is in force under the Offshore Petroleum and Greenhouse Gas Storage (Environment) Regulation s 2009 .

oil pollution emergency provisions of an environment plan has the same meaning as in Schedule 2A.

22  At the end of Division 2A of Part 6.2

Add:

576E  Concurrent operation of State and Territory laws

                   This Division is not intended to exclude or limit the operation of a law of a State or Territory that is capable of operating concurrently with this Division.

576F  Constitutional basis of this Division

                   This Division relies on the Commonwealth’s legislative powers under paragraphs 51(xxix) (external affairs) and (xxxix) (incidental matters) of the Constitution.

576G  Additional operation of this Division

             (1)  In addition to section 576F, this Division also has effect as provided by this section.

Corporations

             (2)  This Division also has the effect it would have if a reference to a significant offshore petroleum incident were expressly confined to a significant offshore petroleum incident that has occurred in a title area, where the registered holder of the title is a constitutional corporation.

Territories

             (3)  This Division also has the effect it would have if a reference to a significant offshore petroleum incident were expressly confined to a significant offshore petroleum incident that has caused, or that might cause, an escape of petroleum, where the escaped petroleum migrates, or is likely to migrate, to land or waters within the limits of a Territory.

23  At the end of Part 9.11

Add:

790B   Environment

             (1)  In determining whether a matter or thing is or was covered by the definition of environment in the Offshore Petroleum and Greenhouse Gas Storage (Environment) Regulation s 2009 , it is immaterial, and is taken always to have been immaterial, whether the matter or thing is or was:

                     (a)  in an offshore area; or

                     (b)  in the coastal waters of a State or the Northern Territory; or

                     (c)  on land, or in waters, within the limits of a State or Territory.

             (2)  Subsection (1) is enacted for the avoidance of doubt.

790C   Constitutional basis of Environment Regulations

                   The Offshore Petroleum and Greenhouse Gas Storage (Environment) Regulations 2009 (read together with section 790B) rely, and are taken always to have relied, on the Commonwealth’s legislative powers under paragraphs 51(xxix) (external affairs) and (xxxix) (incidental matters) of the Constitution.

790D   Additional operation of Environment Regulations

             (1)  In addition to section 790C, the Offshore Petroleum and Greenhouse Gas Storage (Environment) Regulations 2009 (read together with section 790B) also have, and are taken always to have also had, effect as provided by this section.

Corporations

             (2)  The Offshore Petroleum and Greenhouse Gas Storage (Environment) Regulations 2009 (read together with section 790B) also have, and are taken always to have also had, the effect they would have if:

                     (a)  a reference to a petroleum activity were expressly confined to a petroleum activity undertaken by a constitutional corporation; and

                     (b)  a reference to a greenhouse gas activity were expressly confined to a greenhouse gas activity undertaken by a constitutional corporation.

Territories

             (3)  The Offshore Petroleum and Greenhouse Gas Storage (Environment) Regulations 2009 (read together with section 790B) also have, and are taken always to have also had, the effect they would have if:

                     (a)  a reference to a petroleum activity were expressly confined to a petroleum activity that has resulted, or could result, in an escape of petroleum, where the escaped petroleum migrates, or is likely to migrate, to land or waters within the limits of a Territory; and

                     (b)  a reference to a greenhouse gas activity were expressly confined to a greenhouse gas activity that has resulted, or could result, in an impact on, or risk to, a matter or thing on land, or in waters, within the limits of a Territory.

24  At the end of clause 1 of Schedule 2A

Add:

•      During a declared oil pollution emergency, NOPSEMA inspectors may conduct an inspection (called an oil pollution environmental inspection ) to determine either or both of the following:

       (a)     whether the oil pollution emergency provisions of a declared environment plan have been, or are being, complied with;

      (b)     whether a significant incident direction has been, or is being, complied with.

25  Clause 2 of Schedule 2A

Insert:

CEO means the Chief Executive Officer of NOPSEMA.

declared environment plan has the meaning given by clause 2A.

declared oil pollution emergency has the meaning given by clause 2A.

emergency response premises has the meaning given by clause 2B.

26  Clause 2 of Schedule 2A (after paragraph (a) of the definition of environmental management law )

Insert:

                    (aa)  the provisions of this Act, to the extent to which the provisions relate to, or empower NOPSEMA to take action in relation to, the oil pollution emergency provisions of an environment plan; or

                   (ab)  the provisions of an environment plan that relate to preparation for an emergency that may result in oil pollution; or

27  Clause 2 of Schedule 2A

Insert:

environment plan means an environment plan that is in force under the Offshore Petroleum and Greenhouse Gas Storage (Environment) Regulation s 2009 .

oil pollution emergency provisions of an environment plan means:

                     (a)  any provisions of an oil pollution emergency plan contained in the environment plan; or

                     (b)  any other provisions of the environment plan that relate to an emergency that has resulted in, or may result in, oil pollution.

oil pollution environmental inspection means an environmental inspection covered by subclause 3(2A).

petroleum activity means operations or works in an offshore area undertaken for the purpose of:

                     (a)  exercising a right conferred on a petroleum titleholder by or under this Act by a petroleum title; or

                     (b)  discharging an obligation imposed on a petroleum titleholder by or under this Act.

petroleum titleholder means the registered holder of a petroleum title.

significant incident direction means a direction under section 576B.

28  At the end of Part 1 of Schedule 2A

Add:

2A   Declared oil pollution emergency

Declaration

             (1)  If the CEO is satisfied that:

                     (a)  there is an emergency that has resulted in, or may result in, oil pollution; and

                     (b)  the emergency is attributable to one or more petroleum activities of a petroleum titleholder; and

                     (c)  either:

                              (i)  there is a single environment plan that is, or may be, relevant to the emergency; or

                             (ii)  there are 2 or more environment plans that are, or may be, relevant to the emergency;

the CEO may, by writing, declare:

                     (d)  that there is a declared oil pollution emergency for the purposes of this Schedule; and

                     (e)  if subparagraph (c)(i) applies—that the environment plan is a declared environment plan for the purposes of this Schedule; and

                      (f)  if subparagraph (c)(ii) applies—that each of those environment plans is a declared environment plan for the purposes of this Schedule.

             (2)  NOPSEMA must:

                     (a)  publish a copy of a declaration under subclause (1) on NOPSEMA’s website; and

                     (b)  do so as soon as practicable after the declaration is made.

             (3)  NOPSEMA must:

                     (a)  give a copy of a declaration under subclause (1) to the Secretary; and

                     (b)  do so as soon as practicable after the declaration is made.

             (4)  If a declaration under subclause (1) relates to an emergency that is attributable to one or more petroleum activities carried on in the offshore area of a State, NOPSEMA must:

                     (a)  give a copy of the declaration to the designated public official of the State; and

                     (b)  do so as soon as practicable after the declaration is made.

             (5)  If a declaration under subclause (1) relates to an emergency that is attributable to one or more petroleum activities carried on in the Principal Northern Territory offshore area, NOPSEMA must:

                     (a)  give a copy of the declaration to the designated public official of the Northern Territory; and

                     (b)  do so as soon as practicable after the declaration is made.

             (6)  If a declaration under subclause (1) relates to an emergency that is attributable to one or more petroleum activities carried on in the offshore area of a designated external Territory, NOPSEMA must:

                     (a)  give a copy of the declaration to the designated public official of the designated external Territory; and

                     (b)  do so as soon as practicable after the declaration is made.

             (7)  If a declaration under subclause (1) relates to an emergency that is attributable to one or more petroleum activities of a petroleum titleholder, NOPSEMA must:

                     (a)  give a copy of the declaration to the petroleum titleholder; and

                     (b)  do so as soon as practicable after the declaration is made.

Revocation of declaration

             (8)  If:

                     (a)  a declaration under subclause (1) is in force in relation to an emergency; and

                     (b)  the CEO is satisfied that the emergency no longer exists;

the CEO must, by writing, revoke the declaration.

             (9)  If a declaration is revoked under subclause (8), NOPSEMA must:

                     (a)  publish a copy of the instrument of revocation on NOPSEMA’s website; and

                     (b)  do so as soon as practicable after the instrument of revocation is made.

           (10)  If a declaration is revoked under subclause (8), NOPSEMA must:

                     (a)  give a copy of the instrument of revocation to the Secretary; and

                     (b)  do so as soon as practicable after the instrument of revocation is made.

           (11)  If:

                     (a)  a declaration under subclause (1) relates to an emergency that is attributable to one or more petroleum activities carried on in the offshore area of a State; and

                     (b)  the declaration is revoked under subclause (8);

NOPSEMA must:

                     (c)  give a copy of the instrument of revocation to the designated public official of the State; and

                     (d)  do so as soon as practicable after the instrument of revocation is made.

           (12)  If:

                     (a)  a declaration under subclause (1) relates to an emergency that is attributable to one or more petroleum activities carried on in the Principal Northern Territory offshore area; and

                     (b)  the declaration is revoked under subclause (8);

NOPSEMA must:

                     (c)  give a copy of the instrument of revocation to the designated public official of the Northern Territory; and

                     (d)  do so as soon as practicable after the instrument of revocation is made.

           (13)  If:

                     (a)  a declaration under subclause (1) relates to an emergency that is attributable to one or more petroleum activities carried on in the offshore area of a designated external Territory; and

                     (b)  the declaration is revoked under subclause (8);

NOPSEMA must:

                     (c)  give a copy of the instrument of revocation to the designated public official of the designated external Territory; and

                     (d)  do so as soon as practicable after the instrument of revocation is made.

           (14)  If:

                     (a)  a declaration under subclause (1) relates to an emergency that is attributable to one or more petroleum activities of a petroleum titleholder; and

                     (b)  the declaration is revoked under subclause (8);

NOPSEMA must:

                     (c)  give a copy of the instrument of revocation to the petroleum titleholder; and

                     (d)  do so as soon as practicable after the instrument of revocation is made.

Other matters

           (15)  A declaration under subclause (1), and an instrument of revocation under subclause (8), are not legislative instruments.

           (16)  For the purposes of paragraph (1)(a), it is immaterial whether the oil pollution is:

                     (a)  in an offshore area; or

                     (b)  within the coastal waters of a State or the Northern Territory; or

                     (c)  on land, or in waters, within the limits of a State or Territory.

2B   Emergency response premises

Premises other than an aircraft or a vessel

             (1)  For the purposes of this Schedule, premises (other than an aircraft or a vessel) are emergency response premises if the premises:

                     (a)  are being used, or are proposed to be used, for the implementation of the oil pollution emergency provisions of a declared environment plan; or

                     (b)  are being used, or are proposed to be used, for:

                              (i)  planning; or

                             (ii)  directing; or

                            (iii)  coordinating; or

                            (iv)  providing logistical support for;

                            the implementation of the oil pollution emergency provisions of a declared environment plan; or

                     (c)  are being used, or are proposed to be used, for compliance with a significant incident direction; or

                     (d)  are being used, or are proposed to be used, for:

                              (i)  planning; or

                             (ii)  directing; or

                            (iii)  coordinating; or

                            (iv)  providing logistical support for;

                            compliance with a significant incident direction.

Premises being an aircraft or a vessel

             (2)  For the purposes of this Schedule, premises (being an aircraft or a vessel) are emergency response premises if the premises:

                     (a)  are being:

                              (i)  used; or

                             (ii)  prepared for use; or

                            (iii)  positioned for use;

                            for the implementation of the oil pollution emergency provisions of a declared environment plan; or

                     (b)  are being:

                              (i)  used; or

                             (ii)  prepared for use; or

                            (iii)  positioned for use;

                            for:

                            (iv)  observing; or

                             (v)  planning; or

                            (vi)  directing; or

                           (vii)  coordinating; or

                          (viii)  providing logistical support for;

                            the implementation of the oil pollution emergency provisions of a declared environment plan; or

                     (c)  are being:

                              (i)  used; or

                             (ii)  prepared for use; or

                            (iii)  positioned for use;

                            for compliance with a significant incident direction; or

                     (d)  are being:

                              (i)  used; or

                             (ii)  prepared for use; or

                            (iii)  positioned for use;

                            for:

                            (iv)  observing; or

                             (v)  planning; or

                            (vi)  directing; or

                           (vii)  coordinating; or

                          (viii)  providing logistical support for;

                            compliance with a significant incident direction.

Location of premises

             (3)  For the purposes of subclauses (1) and (2), it is immaterial whether the premises are:

                     (a)  in an offshore area; or

                     (b)  in or above the coastal waters of a State or the Northern Territory; or

                     (c)  on or above land, or in or above waters, within the limits of a State or Territory.

Note:          For the space above an offshore area, see section 9.

29  After subclause 3(2) of Schedule 2A

Insert:

          (2A)  I f there is a declared oil pollution emergency, a NOPSEMA inspector may conduct an environmental inspection to determine either or both of the following:

                     (a)  whether the oil pollution emergency provisions of a declared environment plan have been, or are being, complied with;

                     (b)  whether a significant incident direction has been, or is being, complied with.

          (2B)  An environmental inspection under subclause (2A) is to be known as an oil pollution environmental inspection .

          (2C)  An oil pollution environmental inspection may be conducted:

                     (a)  at the inspector’s own initiative; or

                     (b)  in compliance with a direction under subclause (5).

          (2D)  Subclause (2A) does not limit subclause (2).

          (2E)  An oil pollution environmental inspection may be conducted concurrently with an inspection under subclause (2).

           (2F)  For the purposes of this Schedule, if:

                     (a)  an oil pollution environmental inspection is conducted wholly or partly to determine whether the oil pollution emergency provisions of a declared environment plan have been, or are being, complied with; and

                     (b)  the declared environment plan relates to one or more of the petroleum activities of the registered holder of a petroleum title;

the oil pollution environmental inspection is taken to relate to the title.

          (2G)  For the purposes of this Schedule, if:

                     (a)  an oil pollution environmental inspection is conducted wholly or partly to determine whether a significant incident direction has been, or is being, complied with; and

                     (b)  the significant incident direction was given to the registered holder of a petroleum title;

the oil pollution environmental inspection is taken to relate to the title.

30  Subclauses 3(3) and (4) of Schedule 2A

After “environmental inspection”, insert “under subclause (2)”.

31  At the end of clause 3 of Schedule 2A

Add:

             (5)  If there is a declared oil pollution emergency, NOPSEMA may give a written direction to a NOPSEMA inspector to conduct an oil pollution environmental inspection.

             (6)  The NOPSEMA inspector must conduct an oil pollution environmental inspection as directed under subclause (5).

32  At the end of clause 4 of Schedule 2A

Add:

Modified operation of this clause in relation to an oil pollution environmental inspection

             (4)  If there is a declared oil pollution emergency, this clause has effect, in relation to an oil pollution environmental inspection, as if a reference in this clause to offshore premises included a reference to emergency response premises.

33  Subclause 5(1) of Schedule 2A

After “an environmental inspection”, insert “(other than an oil pollution environmental inspection)”.

34  After subclause 5(1) of Schedule 2A

Insert:

          (1A)  If there is a declared oil pollution emergency, a NOPSEMA inspector may, for the purposes of an oil pollution 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 plant, substances, documents or things that relate to compliance or non-compliance with:

                              (i)  the oil pollution emergency provisions of a declared environment plan; or

                             (ii)  a significant incident direction; and

                     (b)  search those premises for any such plant, substances, documents or things at those premises; and

                     (c)  inspect, take extracts from, or make copies of, any such documents at those premises; and

                     (d)  inspect, examine or measure, or conduct tests concerning, any such plant, substances or things at those premises; and

                     (e)  take photographs of, make video recordings of, or make sketches of, any such plant, substances or things at those premises; and

                      (f)  exercise the powers conferred by clause 8 in relation to the inspection; and

                     (g)  exercise the powers conferred by clause 9 in relation to the inspection.

35  After subclause 7(2) of Schedule 2A

Insert:

          (2A)  If there is a declared oil pollution emergency, a NOPSEMA inspector may, to the extent that it is reasonably necessary to do so in connection with the conduct of an oil pollution environmental inspection that relates to a petroleum title, require the petroleum titleholder to provide the inspector with reasonable assistance and facilities:

                     (a)  that is or are reasonably connected with the conduct of the inspection; or

                     (b)  for the effective exercise of the inspector’s powers in connection with the conduct of the inspection.

          (2B)  The reasonable assistance referred to in subclause (2A) includes:

                     (a)  appropriate transport to or from emergency response 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 emergency response premises; and

                     (c)  arranging for the inspector to be present on an aircraft or vessel that is being deployed or used for:

                              (i)  implementing the oil pollution emergency provisions of a declared environment plan; or

                             (ii)  observing the implementation of the oil pollution emergency provisions of a declared environment plan; or

                            (iii)  directing the implementation of the oil pollution emergency provisions of a declared environment plan; or

                            (iv)  coordinating the implementation of the oil pollution emergency provisions of a declared environment plan; or

                             (v)  complying with a significant incident direction; or

                            (vi)  observing compliance with a significant incident direction; or

                           (vii)  directing compliance with a significant incident direction; or

                          (viii)  coordinating compliance with a significant incident direction; and

                     (d)  arranging for persons on board such an aircraft or vessel to facilitate the conduct by the inspector of the oil pollution environmental inspection; and

                     (e)  arranging for reasonable means of subsistence while the inspector is present on such an aircraft or vessel; and

                      (f)  arranging for reasonable accommodation while the inspector is present on such a vessel.

36  After subclause 8(4) of Schedule 2A

Insert:

Modified operation of this clause in relation to an oil pollution environmental inspection

          (4A)  If there is a declared oil pollution emergency, this clause has effect, in relation to an oil pollution environmental inspection, as if a reference in this clause to offshore premises included a reference to emergency response premises.

37  At the end of clause 9 of Schedule 2A

Add:

Modified operation of this clause in relation to an oil pollution environmental inspection

             (6)  If there is a declared oil pollution emergency, this clause has effect, in relation to an oil pollution environmental inspection, as if a reference in this clause to offshore premises included a reference to emergency response premises.

38  Subclause 10(2) of Schedule 2A

After “may”, insert “, in connection with the conduct of the environmental inspection,”.

39  After subclause 10(6) of Schedule 2A

Insert:

Modified operation of this clause in relation to an oil pollution environmental inspection

          (6A)  If there is a declared oil pollution emergency, this clause has effect, in relation to an oil pollution environmental inspection, as if a reference in this clause to offshore premises included a reference to emergency response premises.

          (6B)  In the case of an oil pollution environmental inspection, a NOPSEMA inspector must not issue an environmental do not disturb notice in relation to emergency response premises of a particular kind unless the inspector considers that it is appropriate to issue such a notice in relation to premises of that kind.

40  After subclause 11A(5) of Schedule 2A

Insert:

Modified operation of this clause in relation to an oil pollution environmental inspection

          (5A)  If there is a declared oil pollution emergency, this clause has effect, in relation to an oil pollution environmental inspection, as if:

                     (a)  a reference in this clause to offshore premises included a reference to emergency response premises; and

                     (b)  a reference in this clause to a threat to the environment were, by express provision, confined to a threat that is attributable to one or more petroleum activities of a petroleum titleholder.

41  After subclause 11B(6) of Schedule 2A

Insert:

Modified operation of this clause in relation to an oil pollution environmental inspection

          (6A)  If there is a declared oil pollution emergency, this clause has effect, in relation to an oil pollution environmental inspection, as if:

                     (a)  a reference in this clause to offshore premises included a reference to emergency response premises; and

                     (b)  a reference in this clause to a threat to the environment were, by express provision, confined to a threat that is attributable to one or more petroleum activities of a petroleum titleholder.

42  At the end of clause 11C of Schedule 2A

Add:

Modified operation of this clause in relation to an oil pollution environmental inspection

             (7)  If there is a declared oil pollution emergency, this clause has effect, in relation to an oil pollution environmental inspection, as if:

                     (a)  a reference in this clause to offshore premises included a reference to emergency response premises; and

                     (b)  a reference in this clause to an environmental management law included a reference to:

                              (i)  the oil pollution emergency provisions of a declared environment plan; and

                             (ii)  a significant incident direction; and

                     (c)  a reference in this clause to a threat to the environment were, by express provision, confined to a threat that is attributable to one or more petroleum activities of a petroleum titleholder.

43  At the end of subclause 11D(6) of Schedule 2A

Add “This rule does not apply in relation to an oil pollution environmental inspection.”.

44  At the end of clause 11D of Schedule 2A

Add:

Modified operation of this clause in relation to an oil pollution environmental inspection

             (9)  If there is a declared oil pollution emergency, this clause has effect, in relation to an oil pollution environmental inspection, as if:

                     (a)  a reference in this clause to offshore premises included a reference to emergency response premises; and

                     (b)  a reference in this clause to an environmental management law included a reference to:

                              (i)  the oil pollution emergency provisions of a declared environment plan; and

                             (ii)  a significant incident direction.

45  At the end of Part 3 of Schedule 2A

Add:

19  Constitutional basis of this Schedule

                   This Schedule relies on the Commonwealth’s legislative powers under paragraphs 51(xxix) (external affairs) and (xxxix) (incidental matters) of the Constitution.

20  Additional operation of this Schedule

             (1)  In addition to clause 19, this Schedule also has effect as provided by this clause.

Corporations

             (2)  This Schedule also has the effect it would have if a reference to an environmental inspection were expressly confined to:

                     (a)  in the case of an environmental inspection under subclause 3(2)—an inspection:

                              (i)  to determine whether an environmental management law has been, or is being, complied with by a constitutional corporation; or

                             (ii)  to determine whether information given by a constitutional corporation in compliance, or purported compliance, with an environmental management law is correct; and

                     (b)  in the case of an environmental inspection under subclause 3(2A)—an inspection to determine either or both of the following:

                              (i)  whether the oil pollution emergency provisions of a declared environment plan have been, or are being, complied with by a constitutional corporation;

                             (ii)  whether a significant incident direction has been, or is being, complied with by a constitutional corporation.

Territories

             (3)  This Schedule also has the effect it would have if a reference to an environmental inspection were expressly confined to an environmental inspection within the limits of a Territory.

Part 2 Amendments relating to environment plans

Offshore Petroleum and Greenhouse Gas Storage Act 2006

46  Subsection 576C(9) (definition of environment plan )

Omit “that is in force under the Offshore Petroleum and Greenhouse Gas Storage (Environment) Regulation s 2009 ”, substitute “under prescribed regulations, or a prescribed provision of regulations, made under this Act”.

47  Sections 790B and 790C

Omit “the Offshore Petroleum and Greenhouse Gas Storage (Environment) Regulations 2009 ”, substitute “prescribed regulations made under this Act”.

48  Subsections 790D(2) and (3)

Omit “the Offshore Petroleum and Greenhouse Gas Storage (Environment) Regulations 2009 ”, substitute “prescribed regulations made under this Act”.

49  Clause 2 of Schedule 2A (definition of environment plan )

Omit “that is in force under the Offshore Petroleum and Greenhouse Gas Storage (Environment) Regulation s 2009 ”, substitute “under prescribed regulations, or a prescribed provision of regulations, made under this Act”.

Part 3 Application provision

50  Application—section 572F of the Offshore Petroleum and Greenhouse Gas Storage Act 2006

The amendments of section 572F of the Offshore Petroleum and Greenhouse Gas Storage Act 2006 made by this Schedule apply in relation to costs or expenses incurred after the commencement of this item.

Part 4 Amendments contingent on the commencement of Schedule 2 to the Timor Sea Maritime Boundaries Treaty Consequential Amendments Act 2019

Offshore Petroleum and Greenhouse Gas Storage Act 2006

51  Subsection 576B(9) (definition of State/Territory petroleum infrastructure title )

Omit “the Principal Northern Territory offshore area”, substitute “the offshore area of the Northern Territory”.

52  Subsection 576B(9) (definition of State/Territory petroleum pipeline title )

Omit “the Principal Northern Territory offshore area”, substitute “the offshore area of the Northern Territory”.

53  Subclause 2A(5) of Schedule 2A

Omit “the Principal Northern Territory offshore area”, substitute “the offshore area of the Northern Territory”.

54  Paragraph 2A(12)(a) of Schedule 2A

Omit “the Principal Northern Territory offshore area”, substitute “the offshore area of the Northern Territory”.