26Notifying reportable incidents

#### 26 Notifying reportable incidents (1) A titleholder commits an offence if: (a) the titleholder undertakes an activity; and (b) there is a reportable incident; and (c) the titleholder does not notify the reportable incident in accordance with subregulation (4). Penalty: 40 penalty units. (2) However, it is a defence to a prosecution for an offence against subregulation (1) if the titleholder has a reasonable excuse. > Note: A defendant bears an evidential burden in relation to the question whether he or she has a reasonable excuse (see section 13.3 of the Criminal Code). (3) An offence against subregulation (1) is an offence of strict liability. > Note: For strict liability, see section 6.1 of the Criminal Code. (4) A notification under subregulation (1): (a) must be given to the Regulator; and (b) must be given as soon as practicable, and in any case not later than 2 hours after: (i) the first occurrence of the reportable incident; or (ii) if the reportable incident was not detected by the titleholder at the time of the first occurrence—the time the titleholder becomes aware of the reportable incident; and (c) must be oral; and (d) must contain: (i) all material facts and circumstances concerning the reportable incident that the titleholder knows or is able, by reasonable search or enquiry, to find out; and (ii) any action taken to avoid or mitigate any adverse environment impacts of the reportable incident; and (iii) the corrective action that has been taken, or is proposed to be taken, to stop, control or remedy the reportable incident. (5) Subregulation 11A.01(5) of the Offshore Petroleum and Greenhouse Gas Storage (Resource Management and Administration) Regulations 2011 does not apply to a notification mentioned in subregulation (1). (6) As soon as practicable after the titleholder notifies a reportable incident, the titleholder must give a written record of the notification to: (a) the Regulator; and (b) the Titles Administrator; and (c) the Department of the responsible State Minister, or the responsible Northern Territory Minister. (7) The titleholder is not required to include in the record anything that was not included in the notification.