Scope
(1) This section applies to the following:
(a) a petroleum exploration permit;
(b) a petroleum retention lease;
(c) a petroleum production licence;
(d) an infrastructure licence;
(e) a pipeline licence;
(f) a petroleum special prospecting authority;
(g) a petroleum access authority;
(h) a petroleum scientific investigation consent.
Requirement
(2) A person (the first person ) carrying on activities in an offshore area under the permit, lease, licence, authority or consent must carry on those activities in a manner that does not interfere with:
(a) navigation; or
(b) fishing; or
(c) the conservation of the resources of the sea and seabed; or
(d) any activities of another person being lawfully carried on by way of:
(i) exploration for, recovery of or conveyance of a mineral (whether petroleum or not); or
(ii) construction or operation of a pipeline; or
(iii) offshore infrastructure activities (within the meaning of the Offshore Electricity Infrastructure Act 2021); or
(e) the enjoyment of native title rights and interests (within the meaning of the Native Title Act 1993 );
to a greater extent than is necessary for the reasonable exercise of the rights and performance of the duties of the first person.
Offence
(3) A person commits an offence if:
(a) the person is subject to a requirement under subsection (2); and
(b) the person engages in conduct; and
(c) the person's conduct breaches the requirement.
(4) An offence against subsection (3) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code .
Civil penalty
(5) A person is liable to a civil penalty if the person contravenes a requirement under subsection (2).
Civil penalty: 265 penalty units.