PETROLEUM AND GEOTHERMAL ENERGY RESOURCES ACT 1967 - SECT 95
PETROLEUM AND GEOTHERMAL ENERGY RESOURCES ACT 1967 - SECT 95
95 . Directions by Minister
(1) The Minister may,
by instrument in writing served on the registered holder of a permit, drilling
reservation, lease, 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 State for any reason touching,
concerning, arising out of or connected with exploration for, or the
exploitation of, petroleum or geothermal energy resources in the State 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 State 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 State 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 the State frequented
by that other person.
Penalty: a fine of $5 000.
(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 the State.
Penalty: a fine of $5 000.
(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 the State, 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.
Penalty: a fine of $5 000.
(3) A direction under
this section has effect and shall be complied with notwithstanding any
previous direction under this section.
(4) A direction under
this section has effect and shall be complied with notwithstanding anything in
the regulations.
(5) Section 153(2a)
and (2b) applies in relation to directions made under this section in like
manner as that section applies to the regulations.
(6) A person who fails
to comply with a direction in force under subsection (1) that applies to the
person is guilty of an offence punishable, upon conviction, by a fine not
exceeding $10 000.
(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.
[Section 95 inserted: No. 12 of 1990 s. 76;
amended: No. 78 of 1990 s. 7; No. 35 of 2007 s. 65; No. 42 of 2010 s. 62(15).]