Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) For the purposes of this section, the table has effect:
Item | In the case of... | the titleholder is... | and the title area is... |
1 | the permittee | the permit area. | |
2 | the lessee | the lease area. | |
3 | the licensee | the licence area. | |
4 | the licensee | the licence area. | |
5 | the licensee | the part of the offshore area in which the pipeline is constructed. | |
6 | the registered holder of the authority | the authority area. | |
7 | the registered holder of the authority | the authority area. | |
8 | the permittee | the permit area. | |
9 | the lessee | the lease area. | |
10 | the licensee | the licence area. | |
11 | the registered holder of the authority | the authority area. | |
12 | 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.
(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.