Petroleum (Exploration and Extraction) Safety Act 2015

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Improvement plan and notice

19. The following is substituted for sections 13Y and 13Z (inserted by the Act of 2010) of the Act of 1999:

“Improvement plan

13Y. (1) Where the Commission is of the opinion that a petroleum undertaking, operator or owner, or a person under the control or on behalf of that undertaking, operator or owner—

(a) is not operating in accordance with the approved safety case, or in accordance with any conditions of the safety permit issued to that petroleum undertaking, operator or owner,

(b) is not operating in such a manner as to ensure compliance with the duties under sections 13K and 13KA with respect to a petroleum undertaking, or section 13KB with respect to an operator or section 13KC with respect to an owner, or

(c) is contravening, has contravened, is failing to comply with or has failed to comply with any other requirement of this Part,

the Commission may give a direction in writing to the petroleum undertaking, operator or owner concerned requiring it to submit to the Commission, within the time period stated in the direction, a plan (in this Part referred to as an ‘improvement plan’) specifying the remedial action proposed to be taken by the petroleum undertaking, operator or owner to rectify the matters set down in the direction.

(2) Where an improvement plan is submitted in accordance with subsection (1) or re-submitted under paragraph (b), the Commission shall, within 30 days, write to the petroleum undertaking, operator or owner—

(a) stating that the Commission is satisfied with the remedial action proposed to be taken, or

(b) where the Commission is not satisfied that the remedial action proposed to be taken is adequate, directing that the plan be revised and re-submitted to the Commission within a specified time period.

(3) The Commission may withdraw a direction under this section at any time before a date specified in the direction or may extend and further extend such date.

Improvement notice

13Z. (1) Where the Commission is of the opinion that—

(a) a petroleum undertaking, operator or owner has failed to comply with a direction under section 13Y to submit or implement an appropriate improvement plan, or

(b) a petroleum undertaking, operator or owner or a person under the control of, or on behalf of that undertaking, operator or owner—

(i) is not operating in accordance with the accepted safety case, or in accordance with any conditions of the safety permit issued to the undertaking,

(ii) is not operating in such a manner as to ensure compliance with the duties under sections 13K and 13KA with respect to a petroleum undertaking, or section 13KB with respect to an operator or, section 13KC with respect to an owner, or

(iii) is contravening, has contravened, is failing to comply with or has failed to comply with any other requirement of this Part,

the Commission may serve a written notice (in this Part referred to as an ‘improvement notice’) on that petroleum undertaking, operator or owner, as the case may be.

(2) An improvement notice shall—

(a) state that the Commission is of the opinion referred to in subsection (1),

(b) state the reasons for that opinion,

(c) where applicable, state that the petroleum undertaking, operator or owner has failed to submit or implement an improvement plan,

(d) direct the petroleum undertaking, operator or owner to remedy the alleged contraventions or the matters occasioning that notice by a date specified in the notice, which shall not be earlier than the period within which an appeal may be brought under subsection (5),

(e) contain details of the consequences, under this section or under section 13Q, of a failure to comply with the notice,

(f) include information regarding the making of an appeal under subsection (5), and

(g) include any other requirement that the Commission considers appropriate.

(3) An improvement notice may include directions as to the measures to be taken to remedy any contravention or matter to which the notice relates or otherwise comply with the notice.

(4) Where the Commission proposes to serve an improvement notice, it shall first notify the petroleum undertaking, operator or owner concerned in writing of its intention to serve the improvement notice and the petroleum undertaking, operator or owner concerned may, within 21 days of such notification, make representations to the Commission, which shall consider them.

(5) Where the Commission, having considered any representations made to it under subsection (4), serves an improvement notice, the petroleum undertaking, operator or owner aggrieved by such improvement notice may, within the period of 14 days beginning on the day on which the improvement notice is served on it, appeal to the Court against the notice and in determining the appeal the Court may—

(a) if it is satisfied that in the circumstances of the case it is reasonable to do so, confirm the notice with or without modification, or

(b) cancel the notice.

(6) In considering an appeal against an improvement notice, the Court shall take into account the general duties of petroleum undertakings, operators or owners under section 13K.

(7) Where an appeal against an improvement notice is taken, the notice shall, unless cancelled by the Court, take effect on the day next following the day on which the notice is confirmed on appeal or the appeal is withdrawn or on the day specified in the notice as that on which it is to come into effect, whichever is the later.

(8) Where no appeal is taken against an improvement notice, the notice shall take effect on the expiration of the period during which such an appeal may be taken or on the day specified in the notice as that on which it is to come into effect, whichever is the later.

(9) The Commission may withdraw an improvement notice at any time before the date specified in it under subsection (2) (d) and the Commission may extend or further extend that date at any time when an appeal against the notice is not pending.

(10) A person who fails to comply with an improvement notice served on him or her commits an offence and is liable—

(a) on summary conviction to a class A fine, or

(b) on conviction on indictment to a fine not exceeding €3,000,000.”.