Commonwealth Consolidated Acts

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OFFSHORE ELECTRICITY INFRASTRUCTURE ACT 2021 - SECT 78

Interference with other activities by other person carrying out activities under licence

  (1)   A person (the first person ) contravenes this subsection if:

  (a)   the first person is a licence holder; and

  (b)   another person carries out activities in the Commonwealth offshore area on behalf of the licence holder, or under an arrangement with the licence holder; 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 that someone else is lawfully carrying out; and

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

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

  (ii)   the performance of the first 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

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

Civil penalty:   265 penalty units.



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