Commonwealth Consolidated Acts

OFFSHORE PETROLEUM AND GREENHOUSE GAS STORAGE ACT 2006 - SECT 617

Prohibition

  (1)   For the purpose of protecting a greenhouse gas well, a structure, or any equipment, in an offshore area, NOPSEMA may, by notice published in the Gazette , prohibit:

  (a)   all vessels; or

  (b)   all vessels other than specified vessels; or

  (c)   all vessels other than the vessels included in specified classes of vessels;

from entering or being present in a specified area (the greenhouse gas safety zone ) surrounding the greenhouse gas well, structure or equipment without the written consent of NOPSEMA.

  (2)   A greenhouse gas safety zone specified in a notice under subsection   (1) may extend to a distance of 500 metres around the well, structure or equipment specified in the notice, where that distance is measured from each point of the outer edge of the well, structure or equipment.

Offences

  (3)   A person commits an offence if:

  (a)   the person is the owner or master of a vessel; and

  (b)   the vessel is subject to a notice under subsection   (1); and

  (c)   in breach of the notice, the vessel enters or is present in the greenhouse gas safety zone specified in the notice.

Penalty:   Imprisonment for 15 years.

  (4)   The fault element for paragraph   (3)(c) is intention.

  (5)   A person commits an offence if:

  (a)   the person is the owner or master of a vessel; and

  (b)   the vessel is subject to a notice under subsection   (1); and

  (c)   in breach of the notice, the vessel enters or is present in the greenhouse gas safety zone specified in the notice.

Penalty:   Imprisonment for 12.5 years.

  (6)   The fault element for paragraph   (5)(c) is recklessness.

  (7)   A person commits an offence if:

  (a)   the person is the owner or master of a vessel; and

  (b)   the vessel is subject to a notice under subsection   (1); and

  (c)   in breach of the notice, the vessel enters or is present in the greenhouse gas safety zone specified in the notice.

Penalty:   Imprisonment for 10 years.

  (8)   The fault element for paragraph   (7)(c) is negligence.

  (9)   A person commits an offence if:

  (a)   the person is the owner or master of a vessel; and

  (b)   the vessel is subject to a notice under subsection   (1); and

  (c)   in breach of the notice, the vessel enters or is present in the greenhouse gas safety zone specified in the notice.

Penalty:   Imprisonment for 5 years.

  (10)   An offence against subsection   (9) is an offence of strict liability.

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

Notice

  (11)   A notice under subsection   (1) is not a legislative instrument.