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OFFSHORE PETROLEUM AND GREENHOUSE GAS STORAGE (GREENHOUSE GAS INJECTION AND STORAGE) REGULATIONS 2023 (F2023L01551) - REG 52

Reporting to responsible Commonwealth and State/Territory Ministers

             (1)  The licensee must, no later than the reporting deadline mentioned in column 3 of the table in subsection 49(2) for the incident, give a written report to the responsible Commonwealth Minister that contains the following:

                     (a)  all material facts and circumstances concerning the incident that the licensee knows or is able, by reasonable search or enquiry, to find out;

                     (b)  details of any action taken to avoid or mitigate any adverse environmental impacts of the incident;

                     (c)  details of corrective action that has been, or is proposed to be, taken to prevent the occurrence of a similar incident;

                     (d)  for an incident mentioned in paragraph 49(1)(b) or (c), the following:

                              (i)  an estimate of how much greenhouse gas substance has leaked, or is likely to leak, to the seabed;

                             (ii)  an estimate of how much greenhouse gas substance would leak to the seabed as a result of the incident if action were taken to avoid or mitigate any adverse environmental impacts of the incident;

                            (iii)  an estimate of how much greenhouse gas substance would leak to the seabed as a result of the incident if no action were taken to avoid or mitigate any adverse environmental impacts of the incident;

                            (iv)  an explanation of how the estimates mentioned in subparagraphs (i) to (iii) were made.

             (2)  The licensee must, within 7 days beginning on the day the report is given under subsection (1), give a copy of the report to the responsible State/Territory Minister for the incident.

Strict liability offences

             (3)  A person commits an offence of strict liability if the person contravenes subsection (1).

Note:          Subsection (3) is a continuing offence under section 4K of the Crimes Act 1914 . See section 62 of this instrument for the maximum penalty for each day that an offence under subsection (3) continues.

Penalty:  50 penalty units.

             (4)  A person commits an offence of strict liability if the person contravenes subsection (2).

Note:          Subsection (4) is a continuing offence under section 4K of the Crimes Act 1914 . See section 62 of this instrument for the maximum penalty for each day that an offence under subsection (4) continues.

Penalty:  50 penalty units.

Civil penalty provisions

             (5)  A person is liable to a civil penalty if the person contravenes subsection (1).

Note:          Subsection (5) is a continuing civil penalty provision under section 93 of the Regulatory Powers Act. See section 62 of this instrument for the maximum civil penalty for each day that a contravention referred to in subsection (5) continues.

Civil penalty:          500 penalty units.

             (6)  A person is liable to a civil penalty if the person contravenes subsection (2).

Note:          Subsection (6) is a continuing civil penalty provision under section 93 of the Regulatory Powers Act. See section 62 of this instrument for the maximum civil penalty for each day that a contravention referred to in subsection (6) continues.

Civil penalty:          500 penalty units.

   



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