Compliance directions
89N Compliance directions
(1) The CEO may issue a compliance direction to an interest holder for the purpose of securing compliance with:
a condition of a petroleum interest; or
an environment management plan; or
(c) any authorisation or direction that relates to an activity conducted under a petroleum interest; or
any requirement or obligation imposed by or under this Act.
A compliance direction must:
be in writing; and
specify the grounds on which it is issued.
(3) A compliance direction must state that the interest holder may apply to the Tribunal for review of the decision to issue the direction.
(4) A compliance direction may impose any requirement reasonably required for the purpose for which the direction is issued including one or more of the following:
(a) a requirement that the interest holder discontinue, or not commence, a specified activity indefinitely or for a specified period or until further notice from an inspector or the CEO;
(b) a requirement that the interest holder not carry on a specified activity except at specified times or subject to specified conditions;
(c) a requirement that the interest holder take specified action in a specified way, and within a specified period or at specified times, or in specified circumstances (including a requirement that a specified work practice be altered or discontinued);
(d) a requirement that the interest holder comply with any specified code or standard prepared or published by a body or authority referred to in the direction;
(e) a requirement that the interest holder undertake specified tests or monitoring;
(f) a requirement that the interest holder give to the CEO specified results or reports;
(g) a requirement that the interest holder appoint or engage a person with specified qualifications to prepare a plan or report or to undertake tests or monitoring required by the direction.
(5) The CEO may include in a compliance direction a requirement for an act or omission that might otherwise constitute a contravention of this Act if:
(a) the CEO considers that it is reasonably necessary in the circumstances to do so; and
the CEO is acting with the approval of the Minister.
(6) A person incurs no liability to a penalty under this Act for an act or omission made in compliance with a requirement mentioned in subsection (5).
(7) The CEO may, by written notice given to the interest holder to whom a compliance direction is issued, vary or revoke the direction.
(8) A compliance direction given under this section:
(a) applies to the interest holder and may also be expressed to apply to an employee, agent or contractor of the interest holder; and
(b) may be given to an interest holder by giving it to an employee, agent or contractor of the interest holder.
(9) If a compliance direction is expressed to apply to an employee, agent or contractor of the interest holder, a reference in subsection (1) or (4) to an interest holder extends to the other person or persons to whom the direction applies.
This Act’s bill:Second reading speech
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