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OFFSHORE ELECTRICITY INFRASTRUCTURE ACT 2021 - SECT 126

Remedial directions by the Regulator

  (1)   This section applies to a person if:

  (a)   the person holds a licence; or

  (b)   the person held a licence that was surrendered or cancelled, and the person held the licence immediately before the surrender or cancellation took effect.

  (2)   The Regulator may, by written notice to the person, direct the person:

  (a)   to do, before a time specified in the direction, any or all of the following:

  (i)   provide, to the satisfaction of the Regulator, for the conservation and protection of the natural resources in the licence area or a vacated area in relation to the licence;

  (ii)   make good, to the satisfaction of the Regulator, any damage to the seabed or subsoil, or any other environmental damage, in the Commonwealth offshore area (whether inside or outside the licence area or a vacated area) caused by any person engaged or concerned in the activities authorised by the licence; or

  (b)   to do, until a time specified in the direction, any or all of the following in relation to a vacated area in relation to the licence:

  (i)   assess and monitor environmentally sensitive areas within the area;

  (ii)   give reports to the Regulator in relation to specified matters; or

  (c)   if the person holds a licence--to do any or all of the following things before a time specified in the direction:

  (i)   comply with any obligation of the licence holder under this Act or the licence in connection with an offshore infrastructure activity;

  (ii)   if there is a management plan for the licence--carry out any obligation of the licence holder under the management plan;

  (iii)   make arrangements that are satisfactory to the Regulator in relation to an obligation referred to in subparagraph   (i) or (ii); or

  (d)   if paragraph   (1)(b) applies--to do any or all of the following things before a time specified in the direction:

  (i)   comply with any obligation of the licence holder under this Act or the licence, as the licence was in effect immediately before it was cancelled or surrendered, in connection with an offshore infrastructure activity;

  (ii)   if there was a management plan for the licence immediately before the licence was cancelled or surrendered--carry out any obligation of the licence holder under the management plan;

  (iii)   make arrangements that are satisfactory to the Regulator in relation to an obligation referred to in subparagraph   (i) or (ii).

Note:   A direction under this section has no effect to the extent of any inconsistency with a direction under section   127 (see subsection   127(5)).

  (3)   The time specified in the direction must be reasonable.

  (4)   The person must comply with the direction.



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