Issue of compliance notice to previous owner or occupier of land
192U Issue of compliance notice to previous owner or occupier of land
(1) A relevant decision-maker may issue a compliance notice in accordance with section 192R, 192S or 192T to a person who is a previous owner or occupier (the original landholder) of land on which a petroleum activity is being or was carried out by a high risk entity if:
(a) the ownership or occupancy of the land was transferred from the original landholder to another person within the preceding 3 years; and
(b) the original landholder was the owner or occupier of the land at the time the environmental impact to which the compliance notice relates occurred; and
(c) the original landholder was at any time within the preceding 3 years a related person of the high risk entity.
(2) If a compliance notice is issued to the original landholder in accordance with subsection (1), this Division applies as if the original landholder were a related person of the high risk entity.
(3) If the original landholder is a body corporate, a compliance notice may be issued to the original landholder in accordance with subsection (1) even if the body corporate was wound up within the preceding 3 years or is in the process of being wound up.
(4) The period of 3 years mentioned in subsection (1) or (3):
(a) refers to a period ending immediately before the issue of the compliance notice to the original landholder; and
may include a period before the relevant commencement.
(5) A reference in subsection (3) to the winding up of a body corporate includes the winding up of:
(a) a Chapter 5 body corporate under Chapter 5 of the Corporations Act 2001 (Cth); and
(b) an Aboriginal and Torres Strait Islander corporation under Chapter 5 of the Corporations Act 2001 (Cth) (as applied by Part 11-5 of the CATSI Act).
This Act’s bill:Explanatory statementSecond reading speech
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