271ACompliance with monitoring and verification plan—prohibition notice

271A Compliance with monitoring and verification plan—prohibition notice

(a) the Environment Protection Authority is satisfied that the holder of an authority is not complying with a monitoring and verification plan forming part of an injection testing plan or a monitoring and verification plan approved in relation to that authority; and

(b) that failure to comply is causing an activity or event to occur, or an activity or event is likely to occur, in an authority area that, in the opinion of the Environment Protection Authority, creates an immediate risk—

(i) that one or more people might be injured; or

(ii) that property may be seriously damaged; or

(iii) that significant damage may occur to the environment.

(2) The Environment Protection Authority may issue to the holder of the authority a prohibition notice prohibiting the holder—

(a) from carrying out, or continuing to carry out, any greenhouse gas sequestration operation, or any activity relating to a greenhouse gas substance injection and monitoring operation, in the authority area; or

(b) from taking any specified action in the authority area—

until the Environment Protection Authority certifies in writing that any direction included in the prohibition notice has been complied with, or until the expiry of a specified period.

(3) The Environment Protection Authority—

(a) may include in the notice directions as to measures to be taken to remove or reduce the risk to which the notice relates;

(b) must specify in the notice from when the prohibition is to take effect.

(4) The holder of the authority must comply with the notice.

(5) If the holder of an authority fails to comply with a notice given to it under this section, it is guilty of an offence for each day the failure to comply in respect of which the notice was given continues after the relevant prohibition takes effect.

1. 20 penalty units for each day the offence continues after the prohibition takes effect.

(6) Without limiting any other power or function of the Environment Protection Authority, the Environment Protection Authority may prosecute an offence against subsection (4) or (5).

S. 272 amended by No. 61/2008 s. 314.