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s 89N

Compliance directions

In force
Part IIIGeneral provisions relating to petroleum interests
Division 7Compliance directions

89N Compliance directions

(1) The CEO may issue a compliance direction to an interest holder for the purpose of securing compliance with:

(a)

a condition of a petroleum interest; or

(b)

an environment management plan; or

(c) any authorisation or direction that relates to an activity conducted under a petroleum interest; or

(d)

any requirement or obligation imposed by or under this Act.

(2)

A compliance direction must:

(a)

be in writing; and

(b)

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

(b)

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.

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