89NCompliance directions

89N Compliance directions (1) The CEO may issue a compliance direction to an interest holder for the purpose of securing compliance with: (a) a condition of a petroleum interest; or (b) an environment management plan; or (c) any authorisation or direction that relates to an activity conducted under a petroleum interest; or (d) any requirement or obligation imposed by or under this Act. (2) A compliance direction must: (a) be in writing; and (b) specify the grounds on which it is issued. (3) A compliance direction must state that the interest holder may apply to the Tribunal for review of the decision to issue the direction. (4) A compliance direction may impose any requirement reasonably required for the purpose for which the direction is issued including one or more of the following: (a) a requirement that the interest holder discontinue, or not commence, a specified activity indefinitely or for a specified period or until further notice from an inspector or the CEO; (b) a requirement that the interest holder not carry on a specified activity except at specified times or subject to specified conditions; (c) a requirement that the interest holder take specified action in a specified way, and within a specified period or at specified times, or in specified circumstances (including a requirement that a specified work practice be altered or discontinued); (d) a requirement that the interest holder comply with any specified code or standard prepared or published by a body or authority referred to in the direction; (e) a requirement that the interest holder undertake specified tests or monitoring; (f) a requirement that the interest holder give to the CEO specified results or reports;

Petroleum Act 1984 103 (g) a requirement that the interest holder appoint or engage a person with specified qualifications to prepare a plan or report or to undertake tests or monitoring required by the direction. (5) The CEO may include in a compliance direction a requirement for an act or omission that might otherwise constitute a contravention of this Act if: (a) the CEO considers that it is reasonably necessary in the circumstances to do so; and (b) the CEO is acting with the approval of the Minister. (6) A person incurs no liability to a penalty under this Act for an act or omission made in compliance with a requirement mentioned in subsection (5). (7) The CEO may, by written notice given to the interest holder to whom a compliance direction is issued, vary or revoke the direction. (8) A compliance direction given under this section: (a) applies to the interest holder and may also be expressed to apply to an employee, agent or contractor of the interest holder; and (b) may be given to an interest holder by giving it to an employee, agent or contractor of the interest holder. (9) If a compliance direction is expressed to apply to an employee, agent or contractor of the interest holder, a reference in subsection (1) or (4) to an interest holder extends to the other person or persons to whom the direction applies.