PETROLEUM AND GAS (PRODUCTION AND SAFETY) ACT 2004 - SECT 769 Testing seized things

PETROLEUM AND GAS (PRODUCTION AND SAFETY) ACT 2004 - SECT 769

769 Testing seized things

(1) An inspector may carry out, or arrange to have carried out, scientific or other tests on a thing seized under this Act to investigate an incident.

(2) The testing may have the effect of destroying the thing if—

(a) the thing is a sample of petroleum or fuel gas, geothermal energy, or a part of a GHG stream; or

(b) for another thing—

(i) its destruction is necessary for the carrying out of the test; and

(ii) there is no other reasonable course available to achieve the purpose of the test; and

(iii) subsections (3) to (6) are complied with.

(3) For subsection (2) (b) (iii) , the chief inspector must give any owner of the thing of whom the chief inspector is aware a notice of the proposed test before it is carried out.

(4) The notice must state—

(a) a reasonable period for the owner to lodge submissions as to why the thing should be preserved; and

(b) where the submissions may be lodged.

(5) Before destroying the thing the chief inspector must consider any submissions lodged by the owner during the stated period.

(6) In this section—


"geothermal energy" means energy in the form of heat produced from beneath the surface of solid earth.