Victorian Current Acts

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PIPELINES ACT 2005 - SECT 181

Prohibition notice

    (1)     This section applies if an activity or event is occurring, or is likely to occur, in, or in the vicinity of, a pipeline area that an inspector reasonably believes creates an immediate serious risk to health, safety or the environment.

    (2)     The inspector may issue to the licensee a prohibition notice prohibiting the licensee—

        (a)     from carrying out, or continuing to carry out, any pipeline operation, or any activity relating to a pipeline operation, in, or in the vicinity of, the pipeline area; or

        (b)     from taking any specified action in the pipeline area—

until the inspector certifies in writing that any direction included in the prohibition notice has been complied with, or until the expiry of a specified period.

    (3)     The inspector—

        (a)     may include in the notice directions as to measures to be taken to remove or reduce the risk to which the notice relates; and

        (b)     must specify in the notice the time from when the prohibition is to take effect.

    (4)     The licensee must comply with the notice.

Penalty:     In the case of a natural person, 600 penalty units;

In the case of a body corporate, 3000 penalty units.

    (5)     If the licensee fails to comply with a notice given to it under this section, the licensee is guilty of an offence for each day the failure to comply in respect of which the notice was given continues after the relevant prohibition takes effect.

    (6)     A licensee who is guilty of an offence under subsection (5) is liable to a penalty of 10 penalty units for each day the offence continues after the prohibition takes effect.



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