Published directions and notices

As part of its regulatory functions under the OPGGS Act and to increase transparency, NOPSEMA publishes directions, prohibition notices and improvement notices. These regulatory enforcement actions are published within 7 days and no later than 21 days of issuance and the provisions for publication do not apply to any other types of notices, letters or enforcement actions issued by NOPSEMA or NOPSEMA inspectors.

Published directions, improvement and prohibition notices will not be removed when they cease to have effect, however, in the event a direction/notice is the subject of external review it will be removed. Where a direction is revoked, the direction is cancelled from the date specified in the revocation notice. NOPSEMA will ensure that as far as is reasonably practicable all personal information as defined in the Privacy Act 1988 is redacted from these documents prior to publication. When a direction or notice is marked closed, it means that the duty holder has notified NOPSEMA that the direction or notice has been complied with.

Under Part 6.2 of the OPGGS Act, NOPSEMA and the responsible Commonwealth Minister have powers to issue directions to petroleum or greenhouse gas titleholders. NOPSEMA can issue three types of directions: general directions, significant incident directions and remedial directions. The directions powers are used by NOPSEMA for enforcing compliance with the OPGGS Act and associated regulations. Failure to comply with directions is an offence.

A prohibition notice may be issued if a NOPSEMA inspector is satisfied on reasonable grounds that there is an immediate threat to the health or safety of any person or an immediate and significant threat to the environment. A prohibition notice stops the duty holder from continuing their activity and will only cease to have effect when a NOPSEMA inspector is satisfied adequate action has been taken to remove the threat specified in the notice.  Failure to comply with a prohibition notice is an offence.

An improvement notice may be issued if a NOPSEMA inspector believes the duty holder or titleholder is contravening or has contravened a provision of offshore petroleum Commonwealth OHS or environmental law and as a result there is, or could be, a risk to the health and safety of any person or a significant threat to the environment. The notice will cease to have effect when the responsible duty holder or titleholder takes the action specified in the notice. Failure to comply with an improvement notice is an offence.