Document ID: chunk:federal_register_of_legislation:C2025C00179:section:78
Version: federal_register_of_legislation:C2025C00179
Segment Type: section
Provision Reference: s 78
Character Range: 120643–121999

78  Interference with other activities by other person carrying out activities under licence
 (1) A person (the first person) contravenes this subsection if:
 (a) the first person is a licence holder; and
 (b) another person carries out activities in the Commonwealth offshore area on behalf of the licence holder, or under an arrangement with the licence holder; and
 (c) those activities interfere with:
 (i) navigation; or
 (ii) the exercise of native title rights and interests (within the meaning of the Native Title Act 1993); or
 (iii) fishing; or
 (iv) the conservation of the resources of the sea or the seabed; or
 (v) any activities being carried on by another person in accordance with the Offshore Petroleum and Greenhouse Gas Storage Act 2006; or
 (vi) any other activities that someone else is lawfully carrying out; and
 (d) the interference is greater than is necessary for:
 (i) the reasonable exercise of the first person's rights under this Act or the licence; or
 (ii) the performance of the first person's obligations under this Act or the licence.

Strict liability offence
 (2) A person commits an offence of strict liability if the person contravenes subsection (1).
Penalty: 100 penalty units.

Civil penalty
 (3) A person is liable for a civil penalty if the person contravenes subsection (1).
Civil penalty: 265 penalty units.