61EOffences relating to plans

61E Offences relating to plans (1) A permittee or licensee commits an offence if: (a) the permittee or licensee intentionally engages in conduct; and Petroleum Act 1984 67 required under this Subdivision and the permittee or licensee is reckless in relation to that circumstance; and (c) the activity is not covered by the plan. Maximum penalty: 2 000 penalty units. (2) Strict liability applies to subsection (1)(c). (3) A permittee or licensee commits an offence if: (a) the permittee or licensee engages in conduct; and required under this Subdivision; and (c) the activity is not covered by the plan. (5) A permittee or licensee commits an offence if: (a) the permittee or licensee intentionally engages in conduct; and required under this Subdivision and the permittee or licensee is reckless in relation to that circumstance; and (c) the permittee or licensee is the holder of the plan for the activity; and (d) the conduct results in a contravention of the plan and the permittee or licensee is reckless in relation to that result. Maximum penalty: 2 000 penalty units. (6) Strict liability applies to subsection (5)(c). (7) A permittee or licensee commits an offence if: (a) the permittee or licensee engages in conduct; and required under this Subdivision; and (c) the permittee or licensee is the holder of the plan for the activity; and Petroleum Act 1984 68 (d) the conduct results in a contravention of the plan. subsection (1), (3), (5) or (7) if the defendant took reasonable steps Note for subsection (10) The defendant has an evidential burden in relation to these defences (see section 43BU of the Criminal Code). (11) A permittee or licensee is exempt from an offence against this section if acting in an emergency in which there is a likelihood of any of the following: (a) injury; (b) significant discharge of fluids from a well; (c) damage to: (i) an underground formation that contains petroleum; or (ii) an aquifer; or (iii) any other part of the environment; (d) significant damage to a well or surface infrastructure. Note for subsection (11) The permittee or licensee has an evidential burden in relation to this exemption (see section 43BU of the Criminal Code).