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OFFSHORE PETROLEUM AND GREENHOUSE GAS STORAGE ACT 2006 - SECT 228

Ceasing to operate pipeline without consent

Offence

  (1)   A person commits an offence of strict liability if:

  (a)   the person is a pipeline licensee in relation to a pipeline; and

  (b)   the person ceases to operate the pipeline.

Penalty:   100 penalty units.

Note:   For strict liability, see section   6.1 of the Criminal Code .

Civil penalty

  (1A)   A person who is a pipeline licensee in relation to a pipeline is liable to a civil penalty if the person ceases to operate the pipeline.

Civil penalty:   265 penalty units.

Exceptions

  (2)   Subsection   (1) or (1A) does not apply if the failure of the licensee to operate the pipeline is:

  (a)   with the written consent of the Joint Authority; and

  (b)   in accordance with the conditions (if any) specified in the consent.

Note:   In proceedings for an offence against subsection   (1), the defendant bears an evidential burden in relation to the matter in subsection   (2): see subsection   13.3(3) of the Criminal Code . The same applies in proceedings for a civil penalty under subsection   (1A) of this section.

  (3)   Subsection   (1) or (1A) does not apply if the failure of the licensee to operate the pipeline was:

  (a)   in the ordinary course of operating the pipeline; or

  (b)   for the purpose of repairing or maintaining the pipeline; or

  (c)   in an emergency in which there was a likelihood of loss or injury.

Note:   In proceedings for an offence against subsection   (1), the defendant bears an evidential burden in relation to the matter in subsection   (3): see subsection   13.3(3) of the Criminal Code . The same applies in proceedings for a civil penalty under subsection   (1A) of this subsection.

Continuing offences

  (4)   A person who commits an offence against subsection   (1) commits a separate offence in respect of each day (including a day of a conviction under this section or any later day) during which the offence continues.

  (5)   The maximum penalty for each day that an offence under subsection   (1) continues is 10% of the maximum penalty that can be imposed in respect of that offence.

Continuing contraventions of civil penalty provisions

  (6)   A person who contravenes subsection   (1A) commits a separate contravention in respect of each day (including a day of the making of a relevant civil penalty order or any later day) during which the contravention continues.

  (7)   The maximum civil penalty for each day that a contravention of subsection   (1A) continues is 10% of the maximum civil penalty that can be imposed in respect of that contravention.


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