Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) A person commits an offence if:
(a) the person adds waste or other matter to a greenhouse gas substance; and
(b) the person does so with the intention of disposing of the waste or other matter; and
(c) the person, or another person, injects the resulting mixture into the seabed or subsoil of an offshore area.
Penalty: Imprisonment for 5 years.
(2) Subsection (1) does not apply if:
(a) the waste or other matter resulted from petroleum recovery operations carried on under a petroleum production licence; and
(b) the injection takes place at a well situated in the licence area of the petroleum production licence; and
(c) the injection is carried out:
(i) with the written consent of the responsible Commonwealth Minister or NOPSEMA; and
(ii) in accordance with the conditions (if any) specified in that consent.
Note: The defendant bears an evidential burden in relation to the matters in subsection (2)--see subsection 13.3(3) of the Criminal Code .
Consents
(3) The responsible Commonwealth Minister or NOPSEMA may:
(a) refuse to give a consent under subsection (2); or
(b) make a consent under subsection (2) subject to such conditions as are specified in the consent.