Document ID: chunk:federal_register_of_legislation:F2025C00011:reg:26:p3
Version: federal_register_of_legislation:F2025C00011
Segment Type: reg
Provision Reference: reg 26 (pt 3/5)
Character Range: 250642–253366

an incident report either:
 (i) as soon as practicable, but within 3 days after:
 (A) the first occurrence of the incident; or
 (B) if the incident is not detected by the licensee at the time of its first occurrence—the detection of the incident by the licensee; or
 (ii) if the Titles Administrator specifies, in writing and within the period mentioned in subparagraph (i), another period for giving the report—within that period.
Penalty: 50 penalty units.
 (2) It is a defence to a prosecution for an offence against subregulation (1) if:
 (a) subparagraph (1)(b)(ii) applies to the offence; and
 (b) it was not practicable for the licensee to give the report to the Titles Administrator within the specified period.
Note: A defendant bears an evidential burden in relation to the matter in subregulation (2)—see subsection 13.3(3) of the Criminal Code.
 (3) In this regulation:
incident report means a report that includes:
 (a) all the material facts and circumstances of the incident that the licensee is aware of or is able, by reasonable search and inquiry, to find out, including the following:
 (i) the date, time and place of the incident;
 (ii) the particulars of any loss or damage caused by the incident;
 (iii) if petroleum or a greenhouse gas substance escaped from the pipeline or ignited—the amount of that substance and the measures taken to control the escape or fire;
 (iv) the cause of the incident;
 (v) the repairs (if any) carried out, or proposed to be carried out, on the pipeline; and
 (b) the corrective action that has been taken, or is proposed to be taken, to prevent another incident of that kind.
reportable incident has the same meaning as in regulation 12.05.

12.07  Requirement for notice of geophysical or geological survey
 (1) A petroleum titleholder or greenhouse gas titleholder commits an offence if:
 (a) the titleholder undertakes a geophysical or geological survey in the title area; and
 (b) the titleholder does not notify the Titles Administrator, at least 48 hours before the proposed start of the survey, of the following:
 (i) the proposed date and time that the survey will start;
 (ii) the duration of the survey;
 (iii) the survey area coordinates;
 (iv) in the case of a seismic survey—the length of the streamers to be towed by the survey vessel.
Penalty: 60 penalty units.
 (2) Subregulation (1) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code.

12.08  Requirement to give notice of actions for Royalty Act purposes
 (1) A petroleum titleholder commits an offence if:
 (a)  the titleholder samples a petroleum stream for the purpose of working out the amount of royalty payable under the Royalty Act; and
 (b) the