Commonwealth Consolidated Acts

OFFSHORE MINERALS ACT 1994 - SECT 440

  (1)   The Governor - General may make regulations prescribing all matters:

  (a)   required or permitted by this Act to be prescribed; or

  (b)   necessary or convenient to be prescribed for carrying out or giving effect to this Act.

  (2)   Without limiting subsection   (1), the regulations may provide for:

  (a)   the control of offshore exploration and mining activities; and

  (b)   procedures for giving notice to people whose interests might be affected by the grant of a licence; and

  (c)   the conservation and protection of the mineral resources of offshore areas; and

  (d)   the remedying of:

  (i)   damage caused to the seabed or subsoil in an offshore area by offshore exploration and mining activities; or

  (ii)   damage caused by the escape of substances as a result of offshore exploration and mining activities; and

  (e)   the protection of the environment; and

  (f)   the keeping of records, cores or samples; and

  (g)   the giving of records, cores or samples to a Designated Authority for inspection; and

  (h)   the making of returns; and

  (i)   the imposition and recovery of fees in respect of access to reports under section   376.

Note:   For offshore exploration or mining activities see section   4.

  (3)   For the purposes of subsection   (2), the control of offshore exploration and mining activities extends to the control of:

  (a)   the construction, maintenance and operation of installations used in or for use in offshore exploration and mining activities; and

  (b)   the flow or discharge of fluids arising from offshore exploration and mining activities; and

  (c)   the safety, health and welfare of people working in offshore exploration and mining activities; and

  (d)   the maintenance of structures, equipment and property used in or for use in offshore exploration and mining activities.

Note:   For offshore exploration or mining activities see section   4.

  (4)   For the purposes of paragraph   (2)(b), interests that might be affected by the grant of a licence include native title rights and interests that might be affected by the grant of the licence.

  (5)   The regulations may provide for offences against the regulations.

  (6)   The penalties imposed in respect of offences against the regulations are not to exceed:

  (a)   a fine of 10 penalty units; or

  (b)   a fine of 10 penalty units for each day on which the offence is taken to continue.

  (7)   In this section:

"control" includes restrict.