Document ID: chunk:federal_register_of_legislation:C2024C00828:clause:3_13b:p1
Version: federal_register_of_legislation:C2024C00828
Segment Type: clause
Provision Reference: sch 3 cl 13B (pt 1/2)
Character Range: 2215504–2218074

13B  Duties of greenhouse gas titleholders in relation to wells
 (1) If:
 (a) either:
 (i) a well has been used, is being used, has been prepared for use, or is being prepared for use, in connection with operations authorised by a greenhouse gas title (the current title); or
 (ii) a well has been used in connection with operations authorised by a greenhouse gas title from which the current title is derived, and the well is wholly or partly situated in the title area of the current title; and
 (b) the well is not suspended, abandoned or closed off;
the registered holder of the current title must ensure that the well is so designed, constructed, commissioned, altered, equipped, maintained and operated that risks to the health and safety of persons at or near a facility from:
 (c) the well; or
 (d) any unplanned escape of fluids from the well; or
 (e) anything in the well; or
 (f) anything in a geological formation, or a part of a geological formation:
 (i) to which the well is connected; or
 (ii) through which the well passes;
are as low as is reasonably practicable.
Note: For derived, see clause 8B.
 (2) If:
 (a) either:
 (i) a well has been used in connection with operations authorised by a greenhouse gas title (the current title); or
 (ii) a well has been used in connection with operations authorised by a greenhouse gas title from which the current title is derived, and the well is wholly or partly situated in the title area of the current title; and
 (b) the well has been, is being, or is to be, suspended, abandoned or closed‑off;
the registered holder of the current title must ensure that the well is so suspended, abandoned or closed‑off that risks to the health and safety of persons at or near a facility from:
 (c) the well; or
 (d) any unplanned escape of fluids from the well; or
 (e) anything in the well; or
 (f) anything in a geological formation, or a part of a geological formation:
 (i) to which the well is connected; or
 (ii) through which the well passes;
are as low as is reasonably practicable.
Note: For derived, see clause 8B.

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.

Diving operations
 (6) For the purposes of this clause, if a person is