Prohibition of unauthorised offshore infrastructure activities in the Commonwealth offshore area
15 Prohibition of unauthorised offshore infrastructure activities in the Commonwealth offshore area
A person contravenes this subsection if:
the person constructs, installs, commissions, operates, maintains or decommissions fixed or tethered infrastructure; and
the fixed or tethered infrastructure is:
offshore renewable energy infrastructure; or
offshore electricity transmission infrastructure; and
the fixed or tethered infrastructure is in the Commonwealth offshore area.
Exception—licence or other authorisation
Subsection (1) does not apply to conduct that is:
authorised by a licence; or
otherwise authorised or required by or under this Act.
A defendant bears an evidential burden in relation to the matter in this subsection (see subsection 13.3(3) of the Criminal Code and section 96 of the Regulatory Powers Act).
A licence authorises the construction, installation, commissioning, operation, maintenance or decommissioning of offshore renewable energy infrastructure or offshore electricity transmission infrastructure only if there is a management plan for the licence and the licence holder has provided financial security in relation to the infrastructure.
Fault‑based offence
A person commits an offence if the person contravenes subsection (1).
Penalty: Imprisonment for 5 years.
Civil penalty
A person is liable for a civil penalty if the person contravenes subsection (1).
Civil penalty: 3,000 penalty units.
This Act’s bill:Explanatory memorandumSecond reading speech
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