Document ID: chunk:federal_register_of_legislation:F2023L00998:reg:19
Version: federal_register_of_legislation:F2023L00998
Segment Type: reg
Provision Reference: reg 19
Character Range: 31791–33057

19  Operations must not continue if new or increased environmental risk identified
 (1) A titleholder commits an offence of strict liability if:
 (a) the titleholder undertakes an activity under the title after the occurrence of:
 (i) any significant new environmental impact or risk arising from the activity; or
 (ii) any significant increase in an existing environmental impact or risk arising from the activity; and
 (b) the new impact or risk, or increase in the impact or risk, is not provided for in the environment plan in force for the activity.
Penalty: 80 penalty units.
 (2) Subsection (1) does not apply in relation to an activity if:
 (a) the titleholder has submitted a revised environment plan for the activity in accordance with subsection 39(2); and
 (b) NOPSEMA has not refused to accept the revised environment plan.
Note 1: Under subsection 39(2), the titleholder is required to submit a revised environment plan before, or as soon as practicable after, the occurrence of a significant new, or significantly increased, environmental impact or risk of the activity.
Note 2: A defendant bears an evidential burden in relation to the matter in subsection (2) (see subsection 13.3(3) of the Criminal Code).

Division 2—Contents of environment plan