Environment Protection Act 2019

(1) This section sets out matters for the relevant decision-maker to consider in deciding whether to issue a compliance notice in relation to a petroleum activity to a related person of a high risk entity.

(a) if the compliance notice is issued under section 176(2) – the objects of this Act;

(b) if the compliance notice is issued under a prescribed Act – the objects (if any) of the prescribed Act;

(c) whether the related person took all reasonable and practical steps to influence the high risk entity's compliance with a prescribed approval, prescribed environmental duty or compliance notice relating to the petroleum activity;

(d) whether the related person took all reasonable and practical steps to influence the high risk entity's financial management of and provision in funding for:

(i) the requirements for compliance with a prescribed approval, prescribed environmental duty or compliance notice relating to the petroleum activity; and

(ii) the remediation and rehabilitation of the environment to address the environmental impacts of the petroleum activity over the lifetime of the activity.

(3) The relevant decision-maker may also consider any financial assurance held under this Act or a prescribed Act in relation to the petroleum activity.

(4) Subsections (2) and (3) do not limit the matters the relevant decision-maker may consider in deciding whether to issue a compliance notice to a related person of a high risk entity.

(5) The relevant decision-maker must not issue a compliance notice to a related person of a high risk entity if a reasonable person would consider the issue of the notice to the related person to be oppressive, unjust or unreasonable in the circumstances.

financial assurance includes a bond (including an environment protection bond) and a security.