Offences relating to plans
61E Offences relating to plans
A permittee or licensee commits an offence if:
the permittee or licensee intentionally engages in conduct; and
(b) the conduct is part of an activity for which an approved plan is required under this Subdivision and the permittee or licensee is reckless in relation to that circumstance; and
the activity is not covered by the plan.
Maximum penalty: 2 000 penalty units.
Strict liability applies to subsection (1)(c).
(3) A permittee or licensee commits an offence if:
the permittee or licensee engages in conduct; and
(b) the conduct is part of an activity for which an approved plan is required under this Subdivision; and
the activity is not covered by the plan.
Maximum penalty: 200 penalty units.
(4) An offence against subsection (3) is an offence of strict liability.
A permittee or licensee commits an offence if:
the permittee or licensee intentionally engages in conduct; and
(b) the conduct is part of an activity for which an approved plan is required under this Subdivision and the permittee or licensee is reckless in relation to that circumstance; and
(c) the permittee or licensee is the holder of the plan for the activity; and
(d) the conduct results in a contravention of the plan and the permittee or licensee is reckless in relation to that result.
Maximum penalty: 2 000 penalty units.
Strict liability applies to subsection (5)(c).
A permittee or licensee commits an offence if:
(a) the permittee or licensee engages in conduct; and
(b) the conduct is part of an activity for which an approved plan is required under this Subdivision; and
(c) the permittee or licensee is the holder of the plan for the activity; and
the conduct results in a contravention of the plan.
Maximum penalty: 200 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).
Note for subsection (10)
The defendant has an evidential burden in relation to these defences (see section 43BU of the Criminal Code).
(11) A permittee or licensee is exempt from an offence against this section if acting in an emergency in which there is a likelihood of any of the following:
injury;
significant discharge of fluids from a well;
damage to:
an underground formation that contains petroleum; or
an aquifer; or
any other part of the environment;
significant damage to a well or surface infrastructure.
Note for subsection (11)
The permittee or licensee has an evidential burden in relation to this exemption (see section 43BU of the Criminal Code).
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