Victorian Consolidated Regulations

OFFSHORE PETROLEUM AND GREENHOUSE GAS STORAGE REGULATIONS 2021 - REG 90

    (1)     A person must not—

        (a)     construct or install a facility or part of the facility; or

        (b)     operate a facility or part of the facility; or

        (c)     modify a facility or part of the facility; or

        (d)     carry out maintenance on a facility or part of the facility; or

        (e)     decommission a facility or part of the facility; or

        (f)     do any other work at a facility or part of the facility—

in the offshore area if—

        (g)     there has been an occurrence of a significant new risk to health and safety or a significant increase in an existing risk to health and safety arising from the construction, installation, operation, modification or decommissioning of the facility; and

        (h)     the new risk or increased risk is not provided for—

              (i)     in the safety case in force for the facility; or

              (ii)     in a proposal for a variation of a safety case—

    (A)     submitted to NOPSEMA; and

    (B)     not refused acceptance by NOPSEMA.

Penalty:     In the case of a body corporate, 400 penalty units;

In the case of a natural person, 80 penalty units.

    (2)     If the titleholder knows about a new risk or increased risk mentioned in subregulation (1)(g), the titleholder must—

        (a)     notify the operator and NOPSEMA of the new risk or increased risk as soon as practicable; and

        (b)     notify the operator and NOPSEMA by telephone, facsimile or email.

Penalty:     In the case of a body corporate, 400 penalty units;

In the case of a natural person, 80 penalty units.