51Notifying responsible Commonwealth and State/Territory Ministers

51 Notifying responsible Commonwealth and State/Territory Ministers

(1) The licensee must, not later than the notification deadline mentioned in column 2 of the table in subsection 49(2) for the incident, give the responsible Commonwealth Minister, orally or in writing, a notification of the occurrence of the incident that contains the following: (a) all material facts and circumstances concerning the incident that the licensee knows or is able, by reasonable search or enquiry, to find out; (b) details of any action taken to avoid or mitigate any adverse environmental impacts of the incident; (c) details of corrective action that has been, or is proposed to be, taken to prevent the occurrence of a similar incident. (2) The licensee must, within 3 days beginning on the day the notification under subsection (1) (the Commonwealth notification) is given, give the responsible State/Territory Minister for the incident: (a) if the Commonwealth notification was given orally—a written record of the Commonwealth notification; or (b) if the Commonwealth notification was given in writing—a copy of the Commonwealth notification. Strict liability offences (3) A person commits an offence of strict liability if the person contravenes subsection (1).

Note: Subsection (3) 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 (3) continues.

Penalty: 100 penalty units.

(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 provisions (5) A person is liable to a civil penalty if the person contravenes subsection (1).

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: 1,000 penalty units.

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

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.