Commonwealth Consolidated Acts

OFFSHORE ELECTRICITY INFRASTRUCTURE ACT 2021 - SECT 77

  (1)   A person contravenes this subsection if:

  (a)   the person is a licence holder; and

  (b)   the person carries out activities in the Commonwealth offshore area under or for the purposes of the licence; and

  (c)   those activities interfere with:

  (i)   navigation; or

  (ii)   the exercise of native title rights and interests (within the meaning of the Native Title Act 1993 ); or

  (iii)   fishing; or

  (iv)   the conservation of the resources of the sea or the seabed; or

  (v)   any activities being carried on by another person in accordance with the Offshore Petroleum and Greenhouse Gas Storage Act 2006 ; or

  (vi)   any other activities being lawfully carried on by another person; and

  (d)   the interference is greater than is necessary for:

  (i)   the reasonable exercise of the person's rights under this Act or the licence; or

  (ii)   the performance of the person's obligations under this Act or the licence.

Strict liability offence

  (2)   A person commits an offence of strict liability if the person contravenes subsection   (1).

Penalty:   100 penalty units.

Civil penalty provision

  (3)   A person is liable for a civil penalty if the person contravenes subsection   (1).

Civil penalty:   265 penalty units.