Northern Territory Numbered Acts

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PETROLEUM LEGISLATION AMENDMENT ACT 2022 (NO 33 OF 2022) - SECT 53

Section 64 replaced

Section 64

repeal, insert

64     Discovery to be notified

    (1)     If petroleum is discovered within an exploration permit or licence area, the permittee or licensee must:

    (a)     notify the Minister of the discovery by using the approved form within 3 days after the discovery and in any case before any announcement is made about the discovery to the Australian Securities Exchange or to the general public; and

    (b)     provide the Minister with a report on the evaluation of the discovery by using the approved form within 3 months after the date of the discovery.

    (2)     A permittee or licensee commits an offence if the permittee or licensee is subject to a requirement under subsection (1) and the permittee or licensee fails to comply with that requirement.

Maximum penalty:     400 penalty units.

    (3)     An offence against subsection (2) is an offence of strict liability.

    (4)     The Minister may, by written notice, direct a permittee or licensee to provide further particulars of a discovery notified under subsection (1).

    (5)     A notice under subsection (4) may direct the permittee or licensee to provide the particulars:

    (a)     in a manner and form specified in the notice; and

    (b)     within a period specified in the notice.

    (6)     A permittee or licensee commits an offence if the permittee or licensee is given a direction under subsection (4) and the permittee or licensee contravenes the direction.

Maximum penalty:     200 penalty units.

    (7)     An offence against subsection (6) is an offence of strict liability.

    (8)     It is a defence to a prosecution for an offence against subsection (2) or (6) if the defendant took reasonable steps and exercised due diligence to prevent the commission of the offence.

    (9)     The defendant has a legal burden of proof in relation to a matter mentioned in subsection (8).



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