Enforcement and appeals

NOPSEMA encourages cooperative compliance and promotes continuous improvement in industry performance. However, where necessary, NOPSEMA will take enforcement action to ensure duty holders meet legislative requirements.

When taking enforcement action, NOPSEMA will be outcomes focused, proportionate and responsive, informed, transparent, consistent, targeted and aligned with the principles of procedural fairness.

NOPSEMA has a range of enforcement tools it can utilise, including:

• power to take possession of plant and samples – A NOPSEMA inspector may take possession of, or a sample from, plant, a substance or thing at a facility.
• do not disturb notices – A do not disturb notice can be issued where a NOPSEMA inspector is satisfied on reasonable grounds that there is a threat to health or safety of any person, or to allow for the inspection of any thing in relation to an offshore petroleum premises. A period will be stipulated in the notice whereby a particular workplace, plant substance or thing cannot be disturbed, to allow the operator of a facility or the titleholder to remove the threat or allow for inspection. 
• prohibition notices - NOPSEMA inspectors may issue prohibition notices to prohibit an activity that is occurring that involves an immediate threat, or on the grounds that an activity may occur, that if it occurred, would involve an immediate threat.
• improvement notices - a NOPSEMA inspector to issue an improvement notice if the inspector is satisfied on reasonable grounds that a OHS, petroleum environmental or well integrity law is being contravened and there is a serious threat to person, environment or well integrity.
• directions – NOPSEMA can give directions to require titleholders to do a range of things. This direction may extend outside the title area.
• request to revise a permissioning document – NOPSEMA can request, in writing, the revision or permissioning documents. NOPSEMA will provide areas for revision in the document(s).
• withdrawal of acceptance of a permissioning document – Where a duty holder has failed to comply with their obligations or a notice or direction, or where NOPSEMA has refused to accept a proposed revision, NOPSEMA may withdraw acceptance of a permissioning document. The notice to withdraw acceptance of a permissioning document will contain a statement of the reasons for the decision taken by NOPSEMA.
• infringement notices – Where minor offences with strict liability have occurred, such as breaches in relation to administrative reporting and recording provisions, NOPSEMA may issue an infringement notice. More serious offences will not be suitable for inclusion in an infringement notice scheme.
• Injunctions - NOPSEMA is able to apply to the court to seek an injunction in relation to contraventions of certain provisions of the OPGGS Act to ensure that persons who are believed to be failing to meet their regulatory obligations can be required by the court to return to a position of compliance. 
• civil and criminal prosecutions - NOPSEMA has the capacity to institute criminal and civil prosecutions where non-compliance with relevant legislation is identified.
• Prosecutions will be primarily used to deter repetition of breaches of the legislation. Prosecutions will also serve to increase recognition of the potential impacts of non-compliance and assist in generating greater levels of compliant behaviour.
• adverse publicity orders - NOPSEMA may apply to the court to make an adverse publicity order following prosecution of a body corporate for an offence where the body corporate is found guilty.

Once an enforcement action has been taken, it is a duty holders’ responsibility to respond and rectify the issue to NOPSEMA’s satisfaction. If it is not rectified to a satisfactory standard, NOPSEMA may seek to take further enforcement actions, including prosecution.