sec.80UWhen noncompliance action may be taken

### sec.80U When noncompliance action may be taken Noncompliance action may be taken if— an event mentioned in subsection (2) has happened; and the procedure under division 3 for taking the action has been followed; and the 1923 Act petroleum tenure for which the noncompliance action is taken relates to the event for which the action is taken. For subsection (1) , the event is that the holder— is not, or has ceased to be, qualified under section 7AA , to hold a 1923 Act petroleum tenure; or obtained the tenure because of a materially false or misleading representation or declaration, made orally or in writing; or has failed to comply with this Act, a direction given under this Act or the tenure; or did not pay an amount under this Act by the day it became owing; or has used any land in the area of the tenure for an activity that— is not an authorised activity for the tenure or that, under any of the following, can not be carried out on the land— the Geothermal Act , chapter 5 ; the GHG storage Act , chapter 4 ; the Mineral Resources Act , section 3A or chapter 9 ; and the holder can not otherwise lawfully carry out; or has used the tenure for a purpose other than for a purpose for which it was granted; or has carried out, or purported to carry out, work under the tenure for which the tenure was not granted; or is the subject of a notice given to the Minister by the chief executive of the department administering the Water Act , stating that the holder has been convicted of an offence against the Water Act , chapter 3 . s 80U ins 2004 No. 26 s 46 amd 2010 No. 53 s 76 ; 2010 No. 31 ss 425 , 467 , 533 sch 2 pt 4 ; 2012 No. 20 s 323 sch 3 (sec.80U-ssec.1) Noncompliance action may be taken if— an event mentioned in subsection (2) has happened; and the procedure under division 3 for taking the action has been followed; and the 1923 Act petroleum tenure for which the noncompliance action is taken relates to the event for which the action is taken. (sec.80U-ssec.2) For subsection (1) , the event is that the holder— is not, or has ceased to be, qualified under section 7AA , to hold a 1923 Act petroleum tenure; or obtained the tenure because of a materially false or misleading representation or declaration, made orally or in writing; or has failed to comply with this Act, a direction given under this Act or the tenure; or did not pay an amount under this Act by the day it became owing; or has used any land in the area of the tenure for an activity that— is not an authorised activity for the tenure or that, under any of the following, can not be carried out on the land— the Geothermal Act , chapter 5 ; the GHG storage Act , chapter 4 ; the Mineral Resources Act , section 3A or chapter 9 ; and the holder can not otherwise lawfully carry out; or has used the tenure for a purpose other than for a purpose for which it was granted; or has carried out, or purported to carry out, work under the tenure for which the tenure was not granted; or is the subject of a notice given to the Minister by the chief executive of the department administering the Water Act , stating that the holder has been convicted of an offence against the Water Act , chapter 3 . - (a) an event mentioned in subsection (2) has happened; and - (b) the procedure under division 3 for taking the action has been followed; and - (c) the 1923 Act petroleum tenure for which the noncompliance action is taken relates to the event for which the action is taken. - (a) is not, or has ceased to be, qualified under section 7AA , to hold a 1923 Act petroleum tenure; or - (b) obtained the tenure because of a materially false or misleading representation or declaration, made orally or in writing; or - (c) has failed to comply with this Act, a direction given under this Act or the tenure; or - (d) did not pay an amount under this Act by the day it became owing; or - (e) has used any land in the area of the tenure for an activity that— (i) is not an authorised activity for the tenure or that, under any of the following, can not be carried out on the land— (A) the Geothermal Act , chapter 5 ; (B) the GHG storage Act , chapter 4 ; (C) the Mineral Resources Act , section 3A or chapter 9 ; and (ii) the holder can not otherwise lawfully carry out; or - (i) is not an authorised activity for the tenure or that, under any of the following, can not be carried out on the land— (A) the Geothermal Act , chapter 5 ; (B) the GHG storage Act , chapter 4 ; (C) the Mineral Resources Act , section 3A or chapter 9 ; and - (A) the Geothermal Act , chapter 5 ; - (B) the GHG storage Act , chapter 4 ; - (C) the Mineral Resources Act , section 3A or chapter 9 ; and - (ii) the holder can not otherwise lawfully carry out; or - (f) has used the tenure for a purpose other than for a purpose for which it was granted; or - (g) has carried out, or purported to carry out, work under the tenure for which the tenure was not granted; or - (h) is the subject of a notice given to the Minister by the chief executive of the department administering the Water Act , stating that the holder has been convicted of an offence against the Water Act , chapter 3 . - (i) is not an authorised activity for the tenure or that, under any of the following, can not be carried out on the land— (A) the Geothermal Act , chapter 5 ; (B) the GHG storage Act , chapter 4 ; (C) the Mineral Resources Act , section 3A or chapter 9 ; and - (A) the Geothermal Act , chapter 5 ; - (B) the GHG storage Act , chapter 4 ; - (C) the Mineral Resources Act , section 3A or chapter 9 ; and - (ii) the holder can not otherwise lawfully carry out; or - (A) the Geothermal Act , chapter 5 ; - (B) the GHG storage Act , chapter 4 ; - (C) the Mineral Resources Act , section 3A or chapter 9 ; and