PETROLEUM ACT 1984 - SECT 77 Removal of property on surrender, expiry or cancellation
PETROLEUM ACT 1984 - SECT 77
Removal of property on surrender, expiry or cancellation(1) Where an exploration permit or licence has been surrendered or cancelled, in whole or in part, or has expired, the Minister may direct the person who is, or was, the permittee or licensee:
(a) to remove or cause to be removed from the former exploration permit or licence area, property brought into that area by any person engaged or concerned in operations authorised by the exploration permit or licence, or to make other arrangements in relation to the property satisfactory to the Minister;
(b) to decommission all wells drilled or bored in the former exploration permit or licence area; and
(c) to restore the surface of the former exploration permit or licence area, where disturbed, and take measures to rehabilitate the area, to the satisfaction of the Minister.
(2) A person commits an offence if:
(a) the person is or was a permittee or licensee; and
(b) the person is given a direction under subsection (1); and
(c) the person intentionally engages in conduct; and
(d) the conduct results in a contravention of the direction and the person is reckless in relation to that result; and
(e) the conduct results in significant environmental harm and the person is reckless in relation to that result.
Maximum penalty: 6 500 penalty units or imprisonment for 5 years.
Minimum penalty: 650 penalty units.
(3) An offence against subsection (2) is a summary offence.
(4) A person commits an offence if:
(a) the person is or was a permittee or licensee; and
(b) the person is given a direction under subsection (1); and
(c) the person intentionally engages in conduct; and
(d) the conduct results in a contravention of the direction and the person is reckless in relation to that result; and
(e) the conduct results in material environmental harm and the person is reckless in relation to that result.
Maximum penalty: 2 600 penalty units.
Minimum penalty: 260 penalty units.
(5) Strict liability applies to subsections (2)(a) and (b) and (4)(a) and (b).
(6) A person commits an offence if:
(a) the person is given a direction under subsection (1); and
(b) the person engages in conduct; and
(c) the conduct results in significant environmental harm.
Maximum penalty: 2 600 penalty units.
Minimum penalty: 260 penalty units.
(7) A person who is or was a permittee or licensee commits an offence if the person is given a direction under subsection (1) and the person contravenes the direction.
Maximum penalty: 1 300 penalty units.
Minimum penalty: 130 penalty units.
(8) An offence against subsection (6) or (7) is an offence of strict liability.
(9) It is a defence to a prosecution for an offence against subsection (2), (4), (6) or (7) if the defendant took reasonable steps and exercised due diligence to prevent the commission of the offence.
(10) The defendant has a legal burden of proof in relation to a matter mentioned in subsection (9).