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s 105

Permit and licences required to explore and recover petroleum

In force
Part VOffences and related provisions
Division 1General

105 Permit and licences required to explore and recover petroleum

(1)

A person commits an offence if:

(a)

the person intentionally engages in conduct; and

(b) the conduct is part of carrying out an activity for which an exploration permit, retention licence or production licence is required and the person is reckless in relation to that circumstance; and

(c) the activity is not authorised by an exploration permit, retention licence or production licence.

Maximum penalty: 5 000 penalty units.

(2)

Strict liability applies to subsection (1)(c).

(3)

A person commits an offence if:

(a)

the person engages in conduct; and

(b) the conduct is part of carrying out activity for which an exploration permit, retention licence or production licence is required; and

(c) the activity is not authorised by an exploration permit, retention licence or production licence.

Maximum penalty: 1 000 penalty units.

(4) An offence against subsection (3) is an offence of strict liability.

(5)

A person commits an offence if:

(a) the person is the holder of an exploration permit, retention licence or production licence; and

(b) the person intentionally engages in conduct; and

(c) the conduct results in a contravention of the exploration permit, retention licence or production licence and the person is reckless in relation to that result.

Maximum penalty: 5 000 penalty units.

(6)

Strict liability applies to subsection (5)(a).

(7)

A person commits an offence if:

(a) the person is the holder of an exploration permit, retention licence or production licence; and

(b)

the person engages in conduct; and

(c) the conduct results in a contravention of the exploration permit, retention licence or production licence.

Maximum penalty: 1 000 penalty units.

(8) An offence against subsection (7) is an offence of strict liability.

(9) It is a defence to a prosecution for an offence against subsection (1), (3), (5) or (7) if the defendant took reasonable steps and exercised due diligence to prevent the commission of the offence.

(10) The defendant has the legal burden of proof in relation to a matter mentioned in subsection (9).

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