sec.790Types of noncompliance action that may be taken

### sec.790 Types of noncompliance action that may be taken The noncompliance action the relevant official may take under this division is all or any of the following— amending the authority by doing all or any of the following— reducing the term of the authority; for a petroleum authority—reducing its area; An authority to prospect holder has not, in contravention of section 78 , carried out work required under the work program for the authority. Noncompliance action may include amending the authority to reduce its area to reflect the work not carried out. amending a condition of the authority; imposing a new condition; requiring the authority holder to relinquish a stated part of the area of the authority on or before a stated time; cancelling the authority, immediately or on a stated day; if the authority is a gas work licence or authorisation—suspending it for a period, either under subdivision 3 or by a notice under subdivision 4 ; if the authority is a gas device approval authority—suspending it for a period by a notice under subdivision 4 ; if the authority is a petroleum tenure— withdrawing, from a stated day, the approval of its work program or development plan; and See section 796 (Notice of proposed noncompliance action other than immediate suspension). directing its holder to, on or before that day, lodge the following program or plan so that the Minister may decide whether to approve the program or plan— for an authority to prospect—a proposed later work program that complies with the later work program requirements; for a petroleum lease—a proposed later development plan that complies with the later development plan requirements; requiring the authority holder to pay the State a penalty of an amount no more than the monetary value of 2,000 penalty units. However, a requirement under subsection (1) (g) may not be made if the event for which the noncompliance action is taken is an event mentioned in section 791 (2) (g) . A condition or amendment under subsection (1) may restrict the authorised activities for the authority. If, under subsection (1) (c) , the authority is cancelled on a stated day, a condition may be imposed under subsection (1) (a) restricting the authorised activities for the authority until the cancellation. Noncompliance action may be taken despite the mandatory conditions for the authority. The power under subsection (1) to amend a gas work licence or authorisation may be exercised even if it is suspended. s 790 amd 2004 No. 26 s 228 ; 2010 No. 53 s 90 ; 2011 No. 2 ss 121 , 122 sch ; 2012 No. 20 s 281 sch 2 ; 2019 No. 7 s 291 ; 2022 No. 29 s 29 (sec.790-ssec.1) The noncompliance action the relevant official may take under this division is all or any of the following— amending the authority by doing all or any of the following— reducing the term of the authority; for a petroleum authority—reducing its area; An authority to prospect holder has not, in contravention of section 78 , carried out work required under the work program for the authority. Noncompliance action may include amending the authority to reduce its area to reflect the work not carried out. amending a condition of the authority; imposing a new condition; requiring the authority holder to relinquish a stated part of the area of the authority on or before a stated time; cancelling the authority, immediately or on a stated day; if the authority is a gas work licence or authorisation—suspending it for a period, either under subdivision 3 or by a notice under subdivision 4 ; if the authority is a gas device approval authority—suspending it for a period by a notice under subdivision 4 ; if the authority is a petroleum tenure— withdrawing, from a stated day, the approval of its work program or development plan; and See section 796 (Notice of proposed noncompliance action other than immediate suspension). directing its holder to, on or before that day, lodge the following program or plan so that the Minister may decide whether to approve the program or plan— for an authority to prospect—a proposed later work program that complies with the later work program requirements; for a petroleum lease—a proposed later development plan that complies with the later development plan requirements; requiring the authority holder to pay the State a penalty of an amount no more than the monetary value of 2,000 penalty units. (sec.790-ssec.2) However, a requirement under subsection (1) (g) may not be made if the event for which the noncompliance action is taken is an event mentioned in section 791 (2) (g) . (sec.790-ssec.3) A condition or amendment under subsection (1) may restrict the authorised activities for the authority. (sec.790-ssec.4) If, under subsection (1) (c) , the authority is cancelled on a stated day, a condition may be imposed under subsection (1) (a) restricting the authorised activities for the authority until the cancellation. (sec.790-ssec.5) Noncompliance action may be taken despite the mandatory conditions for the authority. (sec.790-ssec.6) The power under subsection (1) to amend a gas work licence or authorisation may be exercised even if it is suspended. - (a) amending the authority by doing all or any of the following— (i) reducing the term of the authority; (ii) for a petroleum authority—reducing its area; Example of a possible reduction— An authority to prospect holder has not, in contravention of section 78 , carried out work required under the work program for the authority. Noncompliance action may include amending the authority to reduce its area to reflect the work not carried out. (iii) amending a condition of the authority; (iv) imposing a new condition; - (i) reducing the term of the authority; - (ii) for a petroleum authority—reducing its area; Example of a possible reduction— An authority to prospect holder has not, in contravention of section 78 , carried out work required under the work program for the authority. Noncompliance action may include amending the authority to reduce its area to reflect the work not carried out. - (iii) amending a condition of the authority; - (iv) imposing a new condition; - (b) requiring the authority holder to relinquish a stated part of the area of the authority on or before a stated time; - (c) cancelling the authority, immediately or on a stated day; - (d) if the authority is a gas work licence or authorisation—suspending it for a period, either under subdivision 3 or by a notice under subdivision 4 ; - (e) if the authority is a gas device approval authority—suspending it for a period by a notice under subdivision 4 ; - (f) if the authority is a petroleum tenure— (i) withdrawing, from a stated day, the approval of its work program or development plan; and Note— See section 796 (Notice of proposed noncompliance action other than immediate suspension). (ii) directing its holder to, on or before that day, lodge the following program or plan so that the Minister may decide whether to approve the program or plan— (A) for an authority to prospect—a proposed later work program that complies with the later work program requirements; (B) for a petroleum lease—a proposed later development plan that complies with the later development plan requirements; - (i) withdrawing, from a stated day, the approval of its work program or development plan; and Note— See section 796 (Notice of proposed noncompliance action other than immediate suspension). - (ii) directing its holder to, on or before that day, lodge the following program or plan so that the Minister may decide whether to approve the program or plan— (A) for an authority to prospect—a proposed later work program that complies with the later work program requirements; (B) for a petroleum lease—a proposed later development plan that complies with the later development plan requirements; - (A) for an authority to prospect—a proposed later work program that complies with the later work program requirements; - (B) for a petroleum lease—a proposed later development plan that complies with the later development plan requirements; - (g) requiring the authority holder to pay the State a penalty of an amount no more than the monetary value of 2,000 penalty units. - (i) reducing the term of the authority; - (ii) for a petroleum authority—reducing its area; Example of a possible reduction— An authority to prospect holder has not, in contravention of section 78 , carried out work required under the work program for the authority. Noncompliance action may include amending the authority to reduce its area to reflect the work not carried out. - (iii) amending a condition of the authority; - (iv) imposing a new condition; - (i) withdrawing, from a stated day, the approval of its work program or development plan; and Note— See section 796 (Notice of proposed noncompliance action other than immediate suspension). - (ii) directing its holder to, on or before that day, lodge the following program or plan so that the Minister may decide whether to approve the program or plan— (A) for an authority to prospect—a proposed later work program that complies with the later work program requirements; (B) for a petroleum lease—a proposed later development plan that complies with the later development plan requirements; - (A) for an authority to prospect—a proposed later work program that complies with the later work program requirements; - (B) for a petroleum lease—a proposed later development plan that complies with the later development plan requirements; - (A) for an authority to prospect—a proposed later work program that complies with the later work program requirements; - (B) for a petroleum lease—a proposed later development plan that complies with the later development plan requirements;