PETROLEUM AND GAS (PRODUCTION AND SAFETY) ACT 2004 - SECT 744 Inspector’s additional entry power for emergency or incident

PETROLEUM AND GAS (PRODUCTION AND SAFETY) ACT 2004 - SECT 744

744 Inspector’s additional entry power for emergency or incident

(1) An inspector may enter a place if—

(a) the inspector reasonably suspects—

(i) an emergency exists, or may exist, involving petroleum or fuel gas, a geothermal activity or a GHG storage activity or suspected petroleum or fuel gas, a geothermal activity or a GHG storage activity; and

(ii) the emergency is causing, or is likely to cause imminent and significant harm to persons or damage to property; or

(b) an incident is happening at the place and—

(i) the incident is causing harm to persons or property; and

(ii) it is reasonably necessary for the inspector to enter the place to investigate and manage the incident to the extent it relates to petroleum or fuel gas, a geothermal energy activity or a GHG stream.

(2) Before entering the place, the inspector must do, or make a reasonable attempt to do, each of the following things if the occupier of the place or a public official exercising functions or powers in relation to the place is present at the place—

(a) identify himself or herself to the occupier or official in the way stated section 739 ;

(b) tell the occupier or official the purpose of the entry;

(c) seek the consent of the occupier or official to the entry;

(d) tell the occupier or official the inspector is permitted under this Act to enter the place without consent or a warrant;

(e) give the occupier or official an opportunity to allow the inspector immediate entry to the place without using force.

(3) However, the inspector need not comply with subsection (2) if—

(a) for entry under subsection (1) (a) —the inspector reasonably believes that immediate entry to the place is required to avoid imminent and significant harm to persons or property; or

(b) for entry under subsection (1) (b) —complying with the subsection may frustrate or otherwise prevent an investigation of the incident the subject of the entry.

(4) In this section—


"public official" means—

(a) a police officer; or

(b) a person who is appointed or authorised under a law to perform inspection, investigation or other enforcement functions under the law.