78Interference with other activities by other person carrying out activities under licence

78 Interference with other activities by other person carrying out activities under licence

(1) A person (the first person) contravenes this subsection if: (a) the first person is a licence holder; and (b) another person carries out activities in the Commonwealth offshore area on behalf of the licence holder, or under an arrangement with the licence holder; and (c) those activities interfere with: (i) navigation; or (ii) the exercise of native title rights and interests (within the meaning of the Native Title Act 1993); or (iii) fishing; or (iv) the conservation of the resources of the sea or the seabed; or (v) any activities being carried on by another person in accordance with the Offshore Petroleum and Greenhouse Gas Storage Act 2006; or (vi) any other activities that someone else is lawfully carrying out; and (d) the interference is greater than is necessary for: (i) the reasonable exercise of the first person’s rights under this Act or the licence; or (ii) the performance of the first person’s obligations under this Act or the licence. Strict liability offence (2) A person commits an offence of strict liability if the person contravenes subsection (1).

Penalty: 100 penalty units.

Civil penalty (3) A person is liable for a civil penalty if the person contravenes subsection (1).

Civil penalty: 265 penalty units.