Document ID: chunk:federal_register_of_legislation:F2023L00998:reg:18
Version: federal_register_of_legislation:F2023L00998
Segment Type: reg
Provision Reference: reg 18
Character Range: 30773–31791

18  Operations must comply with accepted environment plan
 (1) A titleholder commits an offence of strict liability if:
 (a) an environment plan is in force for an activity under the title; and
 (b) the titleholder undertakes the activity in a way that is contrary to:
 (i) the environment plan; or
 (ii) any limitation or condition to which acceptance of the plan was made subject under section 33.
Penalty: 80 penalty units.
 (2) Subsection (1) does not apply in relation to an activity if the titleholder has the written consent of NOPSEMA to undertake the activity in that way.
Note: A defendant bears an evidential burden in relation to the matter in subsection (2) (see subsection 13.3(3) of the Criminal Code).
 (3) NOPSEMA must not give consent under subsection (2) unless there are reasonable grounds for believing that the way in which the activity is to be undertaken will not result in any significant new environmental impact or risk, or significantly increase any existing environmental impact or risk.