Document ID: chunk:federal_register_of_legislation:C2025C00179:section:116
Version: federal_register_of_legislation:C2025C00179
Segment Type: section
Provision Reference: s 116
Character Range: 158445–160238

116  Maintenance and removal of property etc. by licence holder

Maintenance of property etc.
 (1) A licence holder must maintain in good condition and repair all structures that are, and all equipment and other property that is:
 (a) in the licence area; and
 (b) used in connection with activities authorised or required by or under this Act.

Removal of property etc.
 (2) A licence holder must remove from the licence area all structures that are, and all equipment and other property that is, neither used nor to be used in connection with the activities:
 (a) in which the holder is or will be engaged; and
 (b) that are authorised or required by or under this Act.

Exception
 (3) Subsections (1) and (2) do not apply in relation to any structure, equipment or other property that was not brought into the licence area by or with the authority of the licence holder.
Note: 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).

Strict liability offence
 (4) A person commits an offence of strict liability if the person contravenes subsection (1) or (2).
Penalty: 100 penalty units.

Civil penalty provision
 (5) A person is liable for a civil penalty if the person contravenes subsection (1) or (2).
Civil penalty: 525 penalty units.

Section has effect subject to other provisions etc.
 (6) This section has effect subject to:
 (a) any other provision of this Act; and
 (b) a direction given by the Regulator under section 121 (general directions); and
 (c) a direction given by the Regulator or the Minister under Division 3 (remedial directions) of Part 2 of this Chapter; and
 (d) the management plan for the licence, if there is one; and
 (e) any other law.