52Reporting to responsible Commonwealth and State/Territory Ministers

52 Reporting to responsible Commonwealth and State/Territory Ministers

(1) The licensee must, no later than the reporting deadline mentioned in column 3 of the table in subsection 49(2) for the incident, give a written report to the responsible Commonwealth Minister 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; (d) for an incident mentioned in paragraph 49(1)(b) or (c), the following: (i) an estimate of how much greenhouse gas substance has leaked, or is likely to leak, to the seabed; (ii) an estimate of how much greenhouse gas substance would leak to the seabed as a result of the incident if action were taken to avoid or mitigate any adverse environmental impacts of the incident; (iii) an estimate of how much greenhouse gas substance would leak to the seabed as a result of the incident if no action were taken to avoid or mitigate any adverse environmental impacts of the incident; (iv) an explanation of how the estimates mentioned in subparagraphs (i) to (iii) were made. (2) The licensee must, within 7 days beginning on the day the report is given under subsection (1), give a copy of the report to the responsible State/Territory Minister for the incident. 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: 50 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: 500 penalty units.

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