PETROLEUM (ONSHORE) ACT 1991 - SECT 125E
Contravention of condition of petroleum title--offence by holder
PETROLEUM (ONSHORE) ACT 1991 - SECT 125E
Contravention of condition of petroleum title--offence by holder
125E Contravention of condition of petroleum title--offence by holder
(1) If
a condition of a petroleum title is contravened by any person, each holder of
the petroleum title is guilty of an offence.
: Maximum penalty--
(a) in the
case of a corporation--10,000 penalty units, or
(b) in the case of a natural
person--2,000 penalty units.
Note : An offence against subsection (1)
committed by a corporation is an executive liability offence attracting
executive liability for a director or other person involved in the management
of the corporation--see section 125H.
(2) In imposing a penalty under this
section, the court is to take into consideration the following (so far as they
are relevant)--
(a) the extent of the harm caused or likely to be caused to
the environment by the commission of the offence,
(b) the practical measures
that may be taken to prevent, control, abate or mitigate that harm,
(c) the
extent to which the person who committed the offence could reasonably have
foreseen the harm caused or likely to be caused to the environment by the
commission of the offence,
(d) the extent to which the person who committed
the offence had control over the causes that gave rise to the offence,
(e)
any other matters the court considers relevant.
