Document ID: chunk:federal_register_of_legislation:C2025C00179:section:15
Version: federal_register_of_legislation:C2025C00179
Segment Type: section
Provision Reference: s 15
Character Range: 46150–47750

15  Prohibition of unauthorised offshore infrastructure activities in the Commonwealth offshore area
 (1) A person contravenes this subsection if:
 (a) the person constructs, installs, commissions, operates, maintains or decommissions fixed or tethered infrastructure; and
 (b) the fixed or tethered infrastructure is:
 (i) offshore renewable energy infrastructure; or
 (ii) offshore electricity transmission infrastructure; and
 (c) the fixed or tethered infrastructure is in the Commonwealth offshore area.

Exception—licence or other authorisation
 (2) Subsection (1) does not apply to conduct that is:
 (a) authorised by a licence; or
 (b) otherwise authorised or required by or under this Act.
Note 1: A defendant bears an evidential burden in relation to the matter in this subsection (see subsection 13.3(3) of the Criminal Code and section 96 of the Regulatory Powers Act).
Note 2: A licence authorises the construction, installation, commissioning, operation, maintenance or decommissioning of offshore renewable energy infrastructure or offshore electricity transmission infrastructure only if there is a management plan for the licence and the licence holder has provided financial security in relation to the infrastructure.

Fault‑based offence
 (3) A person commits an offence if the person contravenes subsection (1).
Penalty: Imprisonment for 5 years.

Civil penalty
 (4) A person is liable for a civil penalty if the person contravenes subsection (1).
Civil penalty: 3,000 penalty units.

Part 2—Declaring areas for offshore renewable energy infrastructure

Division 1—Introduction