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OFFSHORE PETROLEUM AND GREENHOUSE GAS STORAGE ACT 2010 - SECT 673

Unauthorised vessel not to enter area to be avoided

    (1)     The owner or master—

        (a)     of a vessel—

              (i)     that is not an exempt vessel in relation to a prescribed safety zone; and

              (ii)     that enters or is present in the area to be avoided otherwise than in accordance with an authorisation in force in relation to the vessel under section 672(3); and

        (b)     who intended that the vessel enter or be present in the area to be avoided otherwise than in accordance with an authorisation in force in relation to the vessel under section 672(3)

is guilty of an offence and liable to a term of imprisonment not exceeding 5 years.

    (2)     The owner or master—

        (a)     of a vessel—

              (i)     that is not an exempt vessel in relation to a prescribed safety zone; and

              (ii)     that enters or is present in the area to be avoided otherwise than in accordance with an authorisation in force in relation to the vessel under section 672(3); and

        (b)     who is reckless as to whether the vessel enters or is present in the area to be avoided otherwise than in accordance with an authorisation in force in relation to the vessel under section 672(3)

is guilty of an offence and liable to a term of imprisonment not exceeding 4 years.

    (3)     The owner or master—

        (a)     of a vessel—

              (i)     that is not an exempt vessel in relation to a prescribed safety zone; and

              (ii)     that enters or is present in the area to be avoided otherwise than in accordance with an authorisation in force in relation to the vessel under section 672(3); and

        (b)     who is negligent as to whether the vessel enters or is present in the area to be avoided otherwise than in accordance with an authorisation in force in relation to the vessel under section 672(3)

is guilty of an offence and liable to a term of imprisonment not exceeding 3 years.

    (4)     In a prosecution for an offence against subsection (1), (2) or (3), it is a defence if—

        (a)     an unforeseen emergency rendered it necessary for the vessel to enter or be present in the area in order to attempt to secure the safety of—

              (i)     the vessel; or

              (ii)     another vessel; or

              (iii)     any well, pipeline, structure or equipment; or

              (iv)     human life; or

        (b)     the vessel entered or was present in the area in circumstances not under the control of the person who was in charge of the navigational watch of the vessel.

Division 5 —Powers of authorised persons



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