Commonwealth Consolidated Acts Commonwealth Consolidated ActsRelationship with other directions and certain laws
(1) A direction under section 576B has effect, and must be complied with, despite:
(a) any previous direction under section 576B; and
(b) any other direction under this Part (see sections 574 and 574A); and
(c) anything in the regulations; and
(d) the applied provisions.
Note 1: Under section 574, NOPSEMA may give a direction to a petroleum titleholder. Under section 574A, a direction may be given by the responsible Commonwealth Minister.
Note 2: For applied provisions , see subsection 80(2).
Note 3: A direction under section 576B also overrides the obligations of the registered holder of the title under sections 569 (work practices) and 572 (structures, equipment and property): see subsections 569(8) and 572(7).
(2) If a direction under section 574 or 574A is inconsistent with a direction under section 576B, the direction under section 574 or 574A has no effect to the extent of the inconsistency.
(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.
Former registered holders of titles
(3) A person to whom a direction has been given under section 576B remains subject to the direction even if the person stops being the registered holder of the title.
Codes of practice and standards
(4) A direction under section 576B may make provision in relation to a matter by applying, adopting or incorporating (with or without modification) a code of practice or standard contained in an instrument as in force or existing at the time when the direction takes effect, to the extent that the code of practice or standard is relevant to that matter.
(5) To avoid doubt, subsection (4) applies to an instrument, whether issued or made in Australia or outside Australia.
(6) If a direction under section 576B makes provision in relation to a matter by applying, adopting or incorporating (with or without modification) a code of practice or standard, NOPSEMA must ensure that the text of the code of practice or standard applied, adopted or incorporated is published on NOPSEMA's website.
(7) Subsection (6) does not apply if the publication would infringe copyright.
Directions are not legislative instruments
(8) A direction made under section 576B is not a legislative instrument.
(9) In this section:
"environment plan" means an environment plan under prescribed regulations, or a prescribed provision of regulations, made under this Act.
"oil pollution emergency provisions" of an environment plan has the same meaning as in Schedule 2A.