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PETROLEUM (SUBMERGED LANDS) ACT 1982 - SECT 101 Directions

PETROLEUM (SUBMERGED LANDS) ACT 1982 - SECT 101

Directions

(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 subsection (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 an adjacent area frequented by that other person.
(2B)  Where a direction under this section applies to a registered holder and to a person referred to in subsection (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 an adjacent area.
(2C)  Where a direction under this section applies to a registered holder and to a person referred to in subsection (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 an 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.
(2D)  A registered holder to whom a direction under this section applies –
(a) who fails to comply with subsection (2A) or (2B) ; or
(b) who fails to comply with a requirement under subsection (2C) –
is guilty of an offence and is liable on summary conviction to a fine not exceeding 50 penalty units.
(3)  The Minister shall not give a direction of a standing or permanent nature except after consultation with the Minister 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 that the Minister has contravened this subsection.
(4)  A direction given under this section has effect and shall be complied with notwithstanding anything in the regulations or the applied provisions.
(5)  Subsections (2A) and (2B) of section 151 apply in relation to directions made under this section in like manner as those subsections apply to the regulations.
(6)  If a person to whom a direction in force under subsection (1) is applicable fails to comply with the direction, he is guilty of an offence and is liable on conviction to a fine not exceeding 500 penalty units.
(7)  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 (6) 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.