15Prohibition of unauthorised offshore infrastructure activities in the Commonwealth offshore area

15 Prohibition of unauthorised offshore infrastructure activities in the Commonwealth offshore area

(1) A person contravenes this subsection if: (a) the person constructs, installs, commissions, operates, maintains or decommissions fixed or tethered infrastructure; and (b) the fixed or tethered infrastructure is: (i) offshore renewable energy infrastructure; or (ii) offshore electricity transmission infrastructure; and (c) the fixed or tethered infrastructure is in the Commonwealth offshore area. Exception—licence or other authorisation (2) Subsection (1) does not apply to conduct that is: (a) authorised by a licence; or (b) otherwise authorised or required by or under this Act.

Note 1: A defendant bears an evidential burden in relation to the matter in this subsection (see subsection 13.3(3) of the Criminal Code and section 96 of the Regulatory Powers Act).

Note 2: A licence authorises the construction, installation, commissioning, operation, maintenance or decommissioning of offshore renewable energy infrastructure or offshore electricity transmission infrastructure only if there is a management plan for the licence and the licence holder has provided financial security in relation to the infrastructure.

Fault‑based offence (3) A person commits an offence if the person contravenes subsection (1).

Penalty: Imprisonment for 5 years.

Civil penalty (4) A person is liable for a civil penalty if the person contravenes subsection (1).

Civil penalty: 3,000 penalty units.