Document ID: chunk:federal_register_of_legislation:C2019A00092:clause:1_591b
Version: federal_register_of_legislation:C2019A00092
Segment Type: clause
Provision Reference: sch 1 cl 591B
Character Range: 31169–33774

591B  Remedial directions to current holders of permits, leases and licences—NOPSEMA

Scope
 (1) This section applies to:
 (a) a greenhouse gas assessment permit; or
 (b) a greenhouse gas holding lease; or
 (c) a greenhouse gas injection licence, if no operations for the injection of a greenhouse gas substance into an identified greenhouse gas storage formation have been carried on under the licence.

Direction to registered holder
 (2) NOPSEMA may, by written notice given to the registered holder of the permit, lease or licence, direct the holder to do any or all of the following things on or before the applicable date:
 (a) to:
 (i) remove, or cause to be removed, from the title area all property brought into that area by any person engaged or concerned in the operations authorised by the permit, lease or licence; or
 (ii) make arrangements that are satisfactory to NOPSEMA in relation to that property;
 (b) to plug or close off, to the satisfaction of NOPSEMA, all wells made in the title area by any person engaged or concerned in those operations;
 (c) to provide, to the satisfaction of NOPSEMA, for the conservation and protection of the natural resources in the title area;
 (d) to make good, to the satisfaction of NOPSEMA, any damage to the seabed or subsoil in the title area caused by any person engaged or concerned in those operations.
Note 1: For applicable date and title area, see subsection (7).
Note 2: For variation and revocation, see subsection 33(3) of the Acts Interpretation Act 1901.
 (3) Paragraph (2)(c) has effect subject to:
 (a) Chapter 3; and
 (b) this Chapter; and
 (c) the regulations.
 (4) In attaining a state of satisfaction for the purposes of paragraph (2)(b), NOPSEMA must have regard to the principle that plugging or closing off wells should be carried out in a way that minimises damage to the petroleum‑bearing qualities of geological formations.

Offence
 (5) A person commits an offence if:
 (a) the person is subject to a direction under subsection (2); and
 (b) the person omits to do an act; and
 (c) the omission breaches the direction.
Penalty: 100 penalty units.
 (6) An offence against subsection (5) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code.

Applicable date and title area
 (7) For the purposes of this section, the table has effect:

Applicable date and title area
Item                            In the case of ...                                                                  the applicable date is ...                                            and the title area is ...