Document ID: chunk:federal_register_of_legislation:C2011A00112:clause:2_586a
Version: federal_register_of_legislation:C2011A00112
Segment Type: clause
Provision Reference: sch 2 cl 586A
Character Range: 81717–84449

586A  Remedial directions to current holders of permits, leases and licences—responsible Commonwealth Minister

Scope
 (1) This section applies to:
 (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.

Direction to registered holder
 (2) The responsible Commonwealth Minister 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 plug or close off, to the satisfaction of the responsible Commonwealth Minister, all wells made in the title area by any person engaged or concerned in those operations;
 (b) to provide, to the satisfaction of the responsible Commonwealth Minister, for the conservation and protection of the natural resources in the title area;
 (c) to make good, to the satisfaction of the responsible Commonwealth Minister, any damage to the seabed or subsoil in the title area caused by any person engaged or concerned in those operations;
so long as the direction is given for a purpose that relates to:
 (d) resource management; or
 (e) resource security.
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) In attaining a state of satisfaction for the purposes of paragraph (2)(a), the responsible Commonwealth Minister:
 (a) in the case of a declared petroleum exploration permit, declared petroleum retention lease or declared petroleum production licence—must have regard; or
 (b) otherwise—may have regard;
to the principle that plugging or closing off wells should be carried out in a way that restores or maintains the suitability of a part of a geological formation for the permanent storage of greenhouse gas substances.
 (4) Paragraph (2)(b) has effect subject to:
 (a) Chapter 2; and
 (b) this Chapter; and
 (c) the regulations.

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...