Offshore Petroleum and Greenhouse Gas Storage Act 2006

The Joint Authority may, by written notice given to a pipeline licensee, direct the licensee to:

make such changes to the design, construction, route or position of the pipeline concerned as are specified in the direction; and

make those changes within the period specified in the direction;

The period specified in the direction must be reasonable.

A variation of a pipeline licence under this section takes effect on the day on which notice of the variation is published in the Gazette.

For publication in the Gazette of notice of the variation, see section 708.

The Joint Authority may give a direction under subsection (1) only if:

the Joint Authority is requested to do so by:

a Minister of the Commonwealth or of a State or the Northern Territory; or

a body established by a law of the Commonwealth or of a State or Territory; and

in the Joint Authority’s opinion, it is in the public interest to give the direction.

A person commits an offence of strict liability if:

the person is subject to a direction under subsection (1); and

the person omits to do an act; and

the omission breaches the direction.

For strict liability, see section 6.1 of the Criminal Code.

The maximum penalty for each day that an offence under subsection (5) continues is 10% of the maximum penalty that can be imposed in respect of that offence.

Subsection (5) is a continuing offence under section 4K of the Crimes Act 1914.

If:

the Joint Authority gives a direction to a person under subsection (1) in relation to a pipeline in an offshore area; and

the person complies with the direction;

the Federal Court; or

the Supreme Court of, or having jurisdiction in, the State or Territory to which the offshore area relates;

The court must:

hear the action without a jury; and

determine whether it is just that the whole or a part of the reasonable cost of complying with the direction ought to be paid to the plaintiff by the defendant.

If the court determines that it is just that such a payment ought to be made, the court must determine the amount of the payment and give judgment accordingly.

For the purposes of paragraph (6)(d):

the Principal Northern Territory offshore area; and

the Eastern Greater Sunrise offshore area;