PETROLEUM (SUBMERGED LANDS) ACT 1982 - SECT 100
PETROLEUM (SUBMERGED LANDS) ACT 1982 - SECT 100
(1) The Minister may,
by instrument in writing served on the registered holder of a permit, lease,
licence, pipeline licence, special prospecting authority or access authority,
give to the registered holder a direction as to any matter with respect to
which regulations may be made.
(2) A direction given
under this section to a registered holder applies to the registered holder and
may also be expressed to apply to—
(a) a
specified class of persons, being a class constituted by or included in one or
both of the following classes of persons:
(i)
servants or agents of, or persons acting on behalf of,
the registered holder;
(ii)
persons performing work or services, whether directly or
indirectly, for the registered holder; or
(b) any
person (not being a person to whom the direction applies otherwise than in
accordance with this paragraph) who is in the adjacent area for any reason
touching, concerning, arising out of or connected with the exploration of the
sea-bed or subsoil of the adjacent area for petroleum or the exploitation of
the natural resources, being petroleum, of that sea-bed or subsoil or is in,
on, above, below or in the vicinity of a vessel, aircraft, structure or
installation, or equipment or other property, that is in the adjacent area for
a reason of that kind,
and where a direction so expressed is given, the direction shall be deemed to
apply to each person included in that specified class or to each person who is
in the adjacent area as mentioned in paragraph (b), as the case may be.
(2a) Where a direction
under this section applies to a registered holder and to a person referred to
in paragraph (2)(a), the registered holder shall cause a copy of the
instrument by which the direction was given to be given to that other person
or to be exhibited at a prominent position at a place in the adjacent area
frequented by that other person.
Maximum penalty: $5 000.
(2b) Where a direction
under this section applies to a registered holder and to a person referred to
in paragraph (2)(b), the registered holder shall cause a copy of the
instrument by which the direction was given to be exhibited at a prominent
position at a place in the adjacent area.
Maximum penalty: $5 000.
(2c) Where a direction
under this section applies to a registered holder and to a person referred to
in paragraph (2)(b), the Minister may, by notice in writing given to the
registered holder, require the registered holder to cause to be displayed at
such places in the adjacent area, and in such manner, as are specified in the
notice, copies of the instrument by which the direction was given, and the
registered holder shall comply with that requirement.
Maximum penalty: $5 000.
(3) The Minister shall
not give a direction of a standing or permanent nature except after
consultation with the Minister of State for the time being administering the
Commonwealth Act, but the validity of a direction of the Minister shall not be
called in question by reason only of a failure to comply with this subsection.
(4) A direction under
this section has effect and shall be complied with notwithstanding any
previous direction under this section.
(5) A direction under
this section has effect and shall be complied with notwithstanding anything in
the regulations or in the Off-shore Waters (Application of Laws)
Act 1976 as modified by regulation under section 13 and as applying
in the adjacent area.
(6)
Section 151(2a) and (2b) apply in relation to directions made under this
section in like manner as that section applies to the regulations.
(7) A person who fails
to comply with a direction in force under subsection (1) that applies to
him or her is guilty of an offence.
Maximum penalty: $10 000.
(8) Where—
(a) a
direction given under this section applies to a registered holder and another
person and that other person is prosecuted for an offence against
subsection (7) in relation to the direction; and
(b) the
person adduces evidence that the person did not know, and could not reasonably
be expected to have known, of the existence of the direction,
the person shall not be convicted of the offence unless the prosecutor proves
that the person knew, or could reasonably be expected to have known, of the
existence of the direction.