Commonwealth Numbered Acts

OFFSHORE MINERALS ACT 1994 No. 28, 1994 - SECT 440

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.