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Petroleum and Gas (Production and Safety) Act 2004
sec.781Requirements for giving compliance direction
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### sec.781 Requirements for giving compliance direction
A compliance direction must state each of the following—
that the inspector or authorised officer giving it believes the person given the direction—
has contravened, or is contravening, this Act, the Geothermal Act or the GHG storage Act ; or
is involved in an activity that is likely to result in a contravention of this Act, the Geothermal Act or the GHG storage Act ;
the provision the inspector or authorised officer believes is being, has been, or is likely to be, contravened;
the reasons for the belief;
that the person must take steps reasonably necessary to remedy the contravention, or avoid the likely contravention, within a stated reasonable period.
The direction must include, or be accompanied by, an information notice about the decisions to give the direction and to fix the period.
The direction may be given orally if—
for any reason it is not practicable to give the direction in writing; and
the inspector or authorised officer giving it warns the person it is an offence not to comply with the direction.
If the direction is given orally, the inspector or authorised officer must confirm the direction by also giving it in writing as soon as practicable after giving it orally.
s 781 amd 2009 No. 3 s 581 ; 2010 No. 31 s 490 ; 2010 No. 31 s 573
(sec.781-ssec.1) A compliance direction must state each of the following— that the inspector or authorised officer giving it believes the person given the direction— has contravened, or is contravening, this Act, the Geothermal Act or the GHG storage Act ; or is involved in an activity that is likely to result in a contravention of this Act, the Geothermal Act or the GHG storage Act ; the provision the inspector or authorised officer believes is being, has been, or is likely to be, contravened; the reasons for the belief; that the person must take steps reasonably necessary to remedy the contravention, or avoid the likely contravention, within a stated reasonable period.
(sec.781-ssec.2) The direction must include, or be accompanied by, an information notice about the decisions to give the direction and to fix the period.
(sec.781-ssec.3) The direction may be given orally if— for any reason it is not practicable to give the direction in writing; and the inspector or authorised officer giving it warns the person it is an offence not to comply with the direction.
(sec.781-ssec.4) If the direction is given orally, the inspector or authorised officer must confirm the direction by also giving it in writing as soon as practicable after giving it orally.
- (a) that the inspector or authorised officer giving it believes the person given the direction— (i) has contravened, or is contravening, this Act, the Geothermal Act or the GHG storage Act ; or (ii) is involved in an activity that is likely to result in a contravention of this Act, the Geothermal Act or the GHG storage Act ;
- (i) has contravened, or is contravening, this Act, the Geothermal Act or the GHG storage Act ; or
- (ii) is involved in an activity that is likely to result in a contravention of this Act, the Geothermal Act or the GHG storage Act ;
- (b) the provision the inspector or authorised officer believes is being, has been, or is likely to be, contravened;
- (c) the reasons for the belief;
- (d) that the person must take steps reasonably necessary to remedy the contravention, or avoid the likely contravention, within a stated reasonable period.
- (i) has contravened, or is contravening, this Act, the Geothermal Act or the GHG storage Act ; or
- (ii) is involved in an activity that is likely to result in a contravention of this Act, the Geothermal Act or the GHG storage Act ;
- (a) for any reason it is not practicable to give the direction in writing; and
- (b) the inspector or authorised officer giving it warns the person it is an offence not to comply with the direction.