Interference with other activities by other person carrying out activities under licence
78 Interference with other activities by other person carrying out activities under licence
A person (the first person) contravenes this subsection if:
the first person is a licence holder; and
another person carries out activities in the Commonwealth offshore area on behalf of the licence holder, or under an arrangement with the licence holder; and
those activities interfere with:
navigation; or
the exercise of native title rights and interests (within the meaning of the Native Title Act 1993); or
fishing; or
the conservation of the resources of the sea or the seabed; or
any activities being carried on by another person in accordance with the Offshore Petroleum and Greenhouse Gas Storage Act 2006; or
any other activities that someone else is lawfully carrying out; and
the interference is greater than is necessary for:
the reasonable exercise of the first person’s rights under this Act or the licence; or
the performance of the first person’s obligations under this Act or the licence.
Strict liability offence
A person commits an offence of strict liability if the person contravenes subsection (1).
Penalty: 100 penalty units.
Civil penalty
A person is liable for a civil penalty if the person contravenes subsection (1).
Civil penalty: 265 penalty units.
This Act’s bill:Explanatory memorandumSecond reading speech
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