Western Australian Current Acts Western Australian Current Acts (1) The Minister may,
by instrument in writing served on the registered holder of a permit, lease,
licence, infrastructure licence, pipeline licence, special prospecting
authority or access authority, give to the registered holder a direction as to
any matter with respect to which regulations may be made.
(2) A direction given
under this section to a registered holder applies to the registered holder and
may also be expressed to apply to —
(a) a
specified class of persons, being a class constituted by or included in one or
both of the following classes of persons —
(i)
servants or agents of, or persons acting on behalf of,
the registered holder;
(ii)
persons performing work or services, whether directly or
indirectly, for the registered holder;
or
(b) any
person (not being a person to whom the direction applies in accordance with
paragraph (a)) who is —
(i)
in the adjacent area for any reason touching, concerning,
arising out of or connected with exploring the seabed or subsoil of the
adjacent area for petroleum, exploiting the petroleum that occurs as a natural
resource of that seabed or subsoil, processing or storing petroleum or
preparing petroleum for transport; or
(ii)
in, on, above, below or in the vicinity of a vessel,
aircraft, structure or installation, or equipment or other property, that is
in the adjacent area for a reason of that kind,
and where a direction
so expressed is given, the direction shall be deemed to apply to each person
included in that specified class or to each person who is in the adjacent area
as mentioned in paragraph (b), as the case may be.
(2a) Where a direction
under this section applies to a registered holder and to a person referred to
in subsection (2)(a), the registered holder shall cause a copy of the
instrument by which the direction was given to be given to that other person
or to be exhibited at a prominent position at a place in the adjacent area
frequented by that other person.
Penalty: a fine of $5 000.
(2b) Where a direction
under this section applies to a registered holder and to a person referred to
in subsection (2)(b), the registered holder shall cause a copy of the
instrument by which the direction was given to be exhibited at a prominent
position at a place in the adjacent area.
Penalty: a fine of $5 000.
(2c) Where a direction
under this section applies to a registered holder and to a person referred to
in subsection (2)(b), the Minister may, by notice in writing given to the
registered holder, require the registered holder to cause to be displayed at
such places in the adjacent area, and in such manner, as are specified in the
notice, copies of the instrument by which the direction was given, and the
registered holder shall comply with that requirement.
Penalty: a fine of $5 000.
(3) The Minister shall
not give a direction under subsection (1) of a standing or permanent nature
except after consultation with the Minister of State for the time being
administering the Commonwealth Act, but the validity of a direction of the
Minister shall not be called in question by reason only of a failure to comply
with this subsection.
(4) A direction under
this section has effect and shall be complied with notwithstanding any
previous direction under this section.
(5) A direction under
this section has effect and shall be complied with notwithstanding anything in
the regulations or the Off-shore (Application of Laws) Act 1977 5 .
(6) Section 152(2a)
and (2b) applies in relation to directions made under this section in like
manner as that section applies to the regulations.
(7) A person who fails
to comply with a direction in force under subsection (1) that applies to the
person is guilty of an offence punishable, upon conviction, by a fine not
exceeding $10 000.
(8) Where —
(a) a
direction given under this section applies to a registered holder and another
person and that other person is prosecuted for an offence against subsection
(7) in relation to the direction; and
(b) the
person adduces evidence that the person did not know, and could not reasonably
be expected to have known, of the existence of the direction,
the person shall not
be convicted of the offence unless the prosecutor proves that the person knew,
or could reasonably be expected to have known, of the existence of the
direction.
[Section 101 amended: No. 12 of 1990 s. 218; No.
42 of 2010 s. 136 and 171.]