Document ID: chunk:federal_register_of_legislation:C2009A00102:clause:1_13a
Version: federal_register_of_legislation:C2009A00102
Segment Type: clause
Provision Reference: sch 1 cl 13A
Character Range: 22482–23871

13A  Duties of titleholders in relation to the design of facilities

Duties of petroleum titleholder
 (1) If a proposed facility is for use in connection with operations authorised by:
 (a) a petroleum exploration permit; or
 (b) a petroleum retention lease; or
 (c) a petroleum production licence; or
 (d) an infrastructure licence; or
 (e) a pipeline licence;
the permittee, lessee or licensee must take all reasonably practicable steps to ensure that the facility is so designed as to be, when properly used, safe and without risk to health.

Greenhouse gas titleholder
 (2) If a proposed facility is for use in connection with operations authorised by:
 (a) a greenhouse gas assessment permit; or
 (b) a greenhouse gas holding lease; or
 (c) a greenhouse gas injection licence;
the permittee, lessee or licensee must take all reasonably practicable steps to ensure that the facility is so designed as to be, when properly used, safe and without risk to health.

Offence
 (3) A person commits an offence if:
 (a) the person is subject to a requirement under subclause (1) or (2); and
 (b) the person omits to do an act; and
 (c) the omission breaches the requirement.
Penalty: 200 penalty units.
 (4) Absolute liability applies to paragraph (3)(a).
Note: For absolute liability, see section 6.2 of the Criminal Code.
 (5) The fault element for paragraphs (3)(b) and (c) is negligence.