39Draft variations to remove inconsistency with directions under sections 376, 380 and 383 of the Act

39 Draft variations to remove inconsistency with directions under sections 376, 380 and 383 of the Act

(1) This section applies if: (a) a direction under section 376, 380 or 383 of the Act is in force in relation to a greenhouse gas injection licence; and (b) the direction is inconsistent with anything in an approved site plan for an identified greenhouse gas storage formation specified in the licence. (2) The licensee must, within the period mentioned in subsection (3): (a) prepare a draft variation of the plan for the purposes of removing the inconsistency; and (b) give the draft variation to the responsible Commonwealth Minister. (3) For the purposes of subsection (2), the period is: (a) 60 days beginning on the day the direction came into force; or (b) if the responsible Commonwealth Minister agrees to a longer period—that longer period. Strict liability offence (4) A person commits an offence of strict liability if the person contravenes subsection (2).

Note: Subsection (4) 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 (4) continues.

Penalty: 50 penalty units.

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

Note: Subsection (5) 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 (5) continues.

Civil penalty: 500 penalty units.