Commonwealth Numbered Regulations

PETROLEUM (SUBMERGED LANDS) AMENDMENT (APPLICATION OF CRIMINAL CODE) REGULATIONS 2001 (NO. 1) 2001 NO. 346 - SCHEDULE 1

(regulation 3)

[1] Subregulation 6 (1)

substitute

(1)

The operator of a petroleum activity is guilty of an offence if:

(a)

the operator carries out the activity; and

(b)

there is no environment plan in force for the activity.

Penalty:
80 penalty units.

Note 1
Environment plan in force for the activity , operator and petroleum activity are defined in regulation 4.
Note 2
Subsection 4B (3) of the Crimes Act 1914 allows a court to fine a body corporate up to 5 times the maximum amount the court could fine a natural person convicted of the same offence.
Note 3
Offences under these Regulations are continuing offences and a fine may be imposed for each day during which the offence continues — see section 4K of the Crimes Act 1914 .

(1A) An offence against subregulation (1) is an offence of strict liability.

Note
For strict liability , see section 6.1 of the Criminal Code .

[2] After subregulation 7 (1), including the penalty

insert

(1A)

An offence against subregulation (1) is an offence of strict liability.

Note
For strict liability , see section 6.1 of the Criminal Code .

[3] Subregulation 8 (1)

substitute

(1)

The operator of a petroleum activity is guilty of an offence if:

(a)

the operator carries out the activity after the occurrence of:

(i)

any significant new environmental effect or risk arising from the activity; or

(ii)

any significant increase in an existing environmental effect or risk arising from the activity; and

(b)

the new effect or risk, or increase in the effect or risk, is not provided for in the environment plan in force for the activity.

Penalty:
80 penalty units.

(1A)

An offence against subregulation (1) is an offence of strict liability.

Note
For strict liability , see section 6.1 of the Criminal Code .

[4] Regulation 26

substitute

26 Incidents, reports and records
(1) The operator of an activity must give notice, orally or in writing, of a reportable incident to the Designated Authority, including all material details of the incident that are reasonably available to the operator as soon as practicable, but within 2 hours, after:

(a)

the first occurrence of the incident; or

(b)

if the incident is not detected by the operator at the time of its first occurrence — the detection of the incident by the operator.

Penalty:
40 penalty units.

(2)

However, it is a defence to a prosecution for an offence against subregulation (1) if the operator has a reasonable excuse.

Note
A defendant bears an evidential burden in relation to the question whether he or she has a reasonable excuse (see section 13.3 of the Criminal Code ).

(3)

An offence against subregulation (1) is an offence of strict liability.

Note
For strict liability , see section 6.1 of the Criminal Code .

(4)

The operator of an activity must give a written report of a reportable incident to the Designated Authority in accordance with subregulation (7):

(a)

as soon as practicable, but within 3 days, after:

(i)

the first occurrence of the incident; or

(ii)

if the incident is not detected by the operator at the time of its first occurrence — the detection of the incident by the operator; or

(b) if the Designated Authority specifies, in writing and within the period mentioned in paragraph (a), another period in which the operator may give the report — within that period.

Penalty:
40 penalty units.

(5)

However, it is a defence to a prosecution for an offence against subregulation (4) if the operator has a reasonable excuse.

Note
A defendant bears an evidential burden in relation to the question whether he or she has a reasonable excuse (see section 13.3 of the Criminal Code ).

(6)

An offence against subregulation (4) is an offence of strict liability.

Note
For strict liability , see section 6.1 of the Criminal Code.

(7) For subregulation (4), the written report must set out fully:

(a)

all the material facts and circumstances of the incident that the operator is aware of or is able, by reasonable search and inquiry, to find out; and

(b)

any action the operator has taken to avoid or mitigate any adverse effects of the incident on the environment; and

(c)

the corrective action the operator has taken, or proposes to take, to prevent another incident of that kind.

(8)

The operator must keep a record of reports of each reportable incident, and of the details, in relation to each incident, of any corrective action the operator has taken.

Penalty:
30 penalty units.

(9) An offence against subregulation (8) is an offence of strict liability.

Note
For strict liability , see section 6.1 of the Criminal Code .

[5] After subregulation 27 (1), including the penalty

insert

(1A)

An offence against subregulation (1) is an offence of strict liability.

Note
For strict liability , see section 6.1 of the Criminal Code .

[6] Paragraph 27 (2) (f)

omit

subregulation 26 (5).

insert

subregulation 26 (8).

[7] After subregulation 28 (1), including the penalty

insert

(1A)

An offence against subregulation (1) is an offence of strict liability.

Note
For strict liability , see section 6.1 of the Criminal Code .

[8] After subregulation 29 (1), including the penalty

insert

(1A)

An offence against subregulation (1) is an offence of strict liability.

Note
For strict liability , see section 6.1 of the Criminal Code .

[9] Subregulation 32 (1)

substitute

(1)

The operator of an activity must notify the Designated Authority within 7 days, in writing, of:

(a)

the appointment of an agent of the operator, in relation to the activity, and the contact details of the agent; or

(b)

any change of agent; or

(c)

any change of name (where there is no change of identity) or contact details of the operator or the operator's agent.

Penalty:
40 penalty units.

(1A)

However, it is a defence to a prosecution for an offence against subregulation (1) if the operator has a reasonable excuse.

Note
A defendant bears an evidential burden in relation to the question whether he or she has a reasonable excuse (see section 13.3 of the Criminal Code ).

(1B)

An offence against subregulation (1) is an offence of strict liability.

Note
For strict liability , see section 6.1 of the Criminal Code .

[10] Subregulation 32 (2), at the foot

insert

Penalty:
40 penalty units.

[11] After subregulation 32 (2)

insert

(2A)

An offence against subregulation (2) is an offence of strict liability.

Note
For strict liability , see section 6.1 of the Criminal Code .

[12] After subregulation 32 (3), including the penalty and note

insert

(4)

An offence against subregulation (3) is an offence of strict liability.

Note
For strict liability , see section 6.1 of the Criminal Code .

[13] Regulation 38

omit