Petroleum (Exploration and Extraction) Safety Act 2015

Reportable petroleum incident

15. The following is substituted for section 13S (inserted by the Act of 2010) of the Act of 1999:

“13S. (1) Where a petroleum incident occurs, the operator and the owner concerned shall notify the Commission of the petroleum incident, without delay, after the occurrence of the petroleum incident and such notification shall be—

(a) in such form,

(b) provided in such timeframe, and

(c) accompanied by such additional information and particulars,

as may be prescribed by the Commission.

(2) Where an activity carried out by an operator or an owner poses an immediate danger to human health or significantly increases the risk of a petroleum incident and the operator takes suitable measures in line with his or her obligation under section 13KB(5) or the owner takes suitable measures in line with his or her obligation under section 13KC(3), the operator or owner shall notify the Commission accordingly, in such form and accompanied by such additional information and particulars as may be prescribed by the Commission, without delay, and no later than 24 hours after taking those measures.

(3) On receipt of a notification of a petroleum incident under subsection (1) or a notification of suitable measures taken under subsection (2) the Commission shall consider the notification and where it considers that it is necessary, the Commission may request a further report giving additional details of the incident and the circumstances associated with it and any suitable measures taken, and in that event the Commission shall notify the owner or operator concerned and request that such further report be furnished to it within such period of time specified in the request and is reasonable in the circumstances.

(4) An operator or owner who fails to comply with this section commits an offence and is liable—

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

(b) on conviction on indictment, to a fine not exceeding €1,000,000.”.