Commonwealth Numbered Acts

OFFSHORE MINERALS ACT 1994 No. 28, 1994 - SECT 44

44. A person contravenes this section if:

   (a)  the person carries out activities in an offshore area under a licence
        or special purpose consent granted under this Act; and

   (b)  the person intentionally or recklessly carries out those activities in
        a way that interferes with:

        (i)    navigation; or

        (ii)   the exercise of native title rights and interests; or

        (iii)  fishing; or

        (iv)   the conservation of the resources of the sea or the seabed; or

        (v)    any activities that someone else is lawfully carrying out; and

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

        (i)    the reasonable exercise of the person's rights under the
               licence or consent; or

        (ii)   the performance of the person's duties under the licence or
               consent. Note 1: The person referred to here might be the
               licence or consent holder or might be an associated person.
               Note 2: See section 4D of the Crimes Act 1914. Penalty: 100
               penalty units.