(1) A petroleum production licensee commits an offence if:
(a) the licensee undertakes the recovery of petroleum from a petroleum pool in the licence area; and
(b) the recovery is not on an appraisal basis; and
(c) at the time of the recovery of the petroleum, the licensee does not have:
(i) an accepted field development plan in force for a field that includes the petroleum pool; or
(ii) an approval, under regulation 4.15, to undertake the recovery of petroleum without an accepted field development plan; or
(iii) an exemption under the transitional provisions of regulation 4.16.
Penalty: 80 penalty units.
Note 1: The Act also requires a licensee to undertake the recovery operation in accordance with good oilfield practice--see section 569.
Note 2: This offence applies to a petroleum production licensee. Recovery of petroleum in an offshore area without a petroleum production licence or other authorisation under the Act is an offence under section 160 of the Act.
(2) An offence against subregulation (1) is an offence of strict liability.
Note: For strict liability , see section 6.1 of the Criminal Code .