193Prohibition of unauthorised construction or operation of an infrastructure facility in an offshore area

193 Prohibition of unauthorised construction or operation of an infrastructure facility in an offshore area

(1) A person commits an offence if: (a) the person: (i) starts to construct or reconstruct an infrastructure facility; or (ii) continues to construct or reconstruct an infrastructure facility; or (iii) starts to alter an infrastructure facility; or (iv) continues to alter an infrastructure facility; or (v) operates an infrastructure facility; and (b) the person’s conduct occurs in an offshore area.

Penalty: Imprisonment for 5 years.

(2) Subsection (1) does not apply if the conduct is: (a) authorised by an infrastructure licence; or (b) otherwise authorised or required by or under this Act.

Note: The defendant bears an evidential burden in relation to the matter in subsection (2)—see subsection 13.3(3) of the Criminal Code.