36Five‑yearly reviews and draft variations

36 Five‑yearly reviews and draft variations

(1) A greenhouse gas injection licensee must, at least once in each period of 5 years during which an approved site plan is in force in relation to an identified greenhouse gas storage formation specified in the licence: (a) review the plan, taking into account the matters mentioned in section 38; and (b) decide whether the plan should be varied. (2) The licensee must, within 30 days after making the decision, give the responsible Commonwealth Minister written notice of the decision, the date of the decision and the reasons for the decision. (3) If the decision was that the plan should be varied, the licensee must, within the period mentioned in subsection (4), give the responsible Commonwealth Minister a draft variation of the plan. (4) For the purposes of subsection (3), the period is: (a) 180 days after making the decision; or (b) if the responsible Commonwealth Minister agrees to a longer period—that longer period. Strict liability offence (5) A person commits an offence of strict liability if the person contravenes subsection (1), (2) or (3).

Note: Subsection (5) is a continuing offence under section 4K of the Crimes Act 1914. See section 62 of this instrument for the maximum penalty for each day that an offence under subsection (5) continues.

Penalty: 50 penalty units.

Civil penalty provision (6) A person is liable to a civil penalty if the person contravenes subsection (1), (2) or (3).

Note: Subsection (6) is a continuing civil penalty provision under section 93 of the Regulatory Powers Act. See section 62 of this instrument for the maximum civil penalty for each day that a contravention referred to in subsection (6) continues.

Civil penalty: 500 penalty units.