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OFFSHORE PETROLEUM AND GREENHOUSE GAS STORAGE ACT 2006 - SECT 572

Maintenance and removal of property etc. by titleholder

Titleholder and title area

  (1)   For the purposes of this section, the table has effect:

 

Titleholder and title area

Item

In the case of...

the titleholder is...

and the title area is...

1

a petroleum exploration permit

the permittee

the permit area.

2

a petroleum retention lease

the lessee

the lease area.

3

a petroleum production licence

the licensee

the licence area.

4

an infrastructure licence

the licensee

the licence area.

5

a pipeline licence

the licensee

the part of the offshore area in which the pipeline is constructed.

6

a petroleum special prospecting authority

the registered holder of the authority

the authority area.

7

a petroleum access authority

the registered holder of the authority

the authority area.

8

a greenhouse gas assessment permit

the permittee

the permit area.

9

a greenhouse gas holding lease

the lessee

the lease area.

10

a greenhouse gas injection licence

the licensee

the licence area.

11

a greenhouse gas search authority

the registered holder of the authority

the authority area.

12

a greenhouse gas special authority

the registered holder of the authority

the authority area.

Maintenance of property etc.

  (2)   A titleholder must maintain in good condition and repair all structures that are, and all equipment and other property that is:

  (a)   in the title area; and

  (b)   used in connection with the operations authorised by the permit, lease, licence or authority.

Removal of property etc.

  (3)   A titleholder must remove from the title area all structures that are, and all equipment and other property that is, neither used nor to be used in connection with the operations:

  (a)   in which the titleholder is or will be engaged; and

  (b)   that are authorised by the permit, lease, licence or authority.

Offence

  (4)   A person commits an offence if:

  (a)   the person is subject to a requirement under subsection   (2) or (3); and

  (b)   the person omits to do an act; and

  (c)   the omission breaches the requirement.

Penalty:   100 penalty units.

  (5)   An offence against subsection   (4) is an offence of strict liability.

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

Civil penalty

  (5A)   A person is liable to a civil penalty if the person contravenes a requirement under subsection   (2) or (3) in relation to a title area covered by item   1, 2, 3, 4, 5, 6 or 7 of the table in subsection   (1).

Civil penalty:   525 penalty units.

Exception

  (6)   Subsections   (2) and (3) do not apply in relation to any structure, equipment or other property that was not brought into the title area by or with the authority of the titleholder.

Section has effect subject to other provisions etc.

  (7)   This section has effect subject to:

  (a)   any other provision of this Act; and

  (b)   the regulations; and

  (c)   a direction given by NOPSEMA or the responsible Commonwealth Minister under:

  (i)   Chapter   3; or

  (ii)   this Chapter; and

  (d)   any other law.


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