Obligation to remove equipment and improvements
334 Obligation to remove equipment and improvements
This section applies for equipment or improvements in the area of a GHG authority or on access land for the authority that are being, or have been, used for an authorised activity for the authority.
However, this section does not apply for—
a GHG well or a pipeline; or
Notes—
1 For GHG wells, see part 5, division 2 (Decommissioning of wells).
2 For pipelines, see section 252 (Obligation to decommission pipelines on cessation or reduction of tenure).
equipment or improvements on land that under section 48, ceases to be in the area of a GHG permit.
The holder of the GHG authority must before the removal day remove the equipment or improvements from the land unless the owner of the land otherwise agrees.
Maximum penalty—1000 penalty units.
Note—
If a corporation commits an offence against this provision, an executive officer of the corporation may be taken, under section 393A, to have also committed the offence.
To remove any doubt, it is declared that subsection (3) applies even if the equipment or improvements are not owned by the holder.
In this section—
equipment includes machinery and plant.
removal day means the latest of the following days—
the earlier of the following—
the day the GHG authority ends;
the day the land ceases to be in the GHG authority’s area;
if before the day provided for under paragraph (a), the Minister fixes a day—that day;
if before a day fixed under paragraph (b), the Minister fixes a later day—that day.
This Act’s bill:Explanatory memorandum
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