280Interference with other rights

280 Interference with other rights

Scope (1) This section applies to the following: (a) a petroleum exploration permit; (b) a petroleum retention lease; (c) a petroleum production licence; (d) an infrastructure licence; (e) a pipeline licence; (f) a petroleum special prospecting authority; (g) a petroleum access authority; (h) a petroleum scientific investigation consent. Requirement (2) A person (the first person) carrying on activities in an offshore area under the permit, lease, licence, authority or consent must carry on those activities in a manner that does not interfere with: (a) navigation; or (b) fishing; or (c) the conservation of the resources of the sea and seabed; or (d) any activities of another person being lawfully carried on by way of: (i) exploration for, recovery of or conveyance of a mineral (whether petroleum or not); or (ii) construction or operation of a pipeline; or (iii) offshore infrastructure activities (within the meaning of the Offshore Electricity Infrastructure Act 2021); or (e) the enjoyment of native title rights and interests (within the meaning of the Native Title Act 1993); to a greater extent than is necessary for the reasonable exercise of the rights and performance of the duties of the first person. Offence (3) A person commits an offence if: (a) the person is subject to a requirement under subsection (2); and (b) the person engages in conduct; and (c) the person’s conduct breaches the requirement.

Penalty: 100 penalty units.

(4) An offence against subsection (3) is an offence of strict liability.

Note: For strict liability, see section 6.1 of the Criminal Code.

Civil penalty (5) A person is liable to a civil penalty if the person contravenes a requirement under subsection (2).

Civil penalty: 265 penalty units.