Document ID: chunk:federal_register_of_legislation:C2024C00828:section:453
Version: federal_register_of_legislation:C2024C00828
Segment Type: section
Provision Reference: s 453
Character Range: 1245533–1246766

453  Disposing of waste or other matter
 (1) A person commits an offence if:
 (a) the person adds waste or other matter to a greenhouse gas substance; and
 (b) the person does so with the intention of disposing of the waste or other matter; and
 (c) the person, or another person, injects the resulting mixture into the seabed or subsoil of an offshore area.
Penalty: Imprisonment for 5 years.
 (2) Subsection (1) does not apply if:
 (a) the waste or other matter resulted from petroleum recovery operations carried on under a petroleum production licence; and
 (b) the injection takes place at a well situated in the licence area of the petroleum production licence; and
 (c) the injection is carried out:
 (i) with the written consent of the responsible Commonwealth Minister or NOPSEMA; and
 (ii) in accordance with the conditions (if any) specified in that consent.
Note: The defendant bears an evidential burden in relation to the matters in subsection (2)—see subsection 13.3(3) of the Criminal Code.

Consents
 (3) The responsible Commonwealth Minister or NOPSEMA may:
 (a) refuse to give a consent under subsection (2); or
 (b) make a consent under subsection (2) subject to such conditions as are specified in the consent.