sec.791When noncompliance action may be taken

### sec.791 When noncompliance action may be taken Noncompliance action may be taken if— an event mentioned in subsection (2) or (3) has happened; and the procedure under subdivision 3 or 4 for taking the action has been followed; and the authority 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— obtained the authority 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 authority; 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 authority for an activity that— is not an authorised activity for the authority 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 authority 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 authority for which the authority 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 . Also, if the authority is a petroleum authority, it is an event for subsection (1) if the holder is not, or has ceased to be, an eligible person. s 791 amd 2004 No. 26 s 229 ; 2010 No. 53 s 91 ; 2010 No. 31 s 544 sch 2 pt 4 ; 2012 No. 20 s 323 sch 3 ; 2019 No. 7 s 313 s ch 1 pt 1 (sec.791-ssec.1) Noncompliance action may be taken if— an event mentioned in subsection (2) or (3) has happened; and the procedure under subdivision 3 or 4 for taking the action has been followed; and the authority for which the noncompliance action is taken relates to the event for which the action is taken. (sec.791-ssec.2) For subsection (1) , the event is that the holder— obtained the authority 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 authority; 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 authority for an activity that— is not an authorised activity for the authority 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 authority 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 authority for which the authority 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 . (sec.791-ssec.3) Also, if the authority is a petroleum authority, it is an event for subsection (1) if the holder is not, or has ceased to be, an eligible person. - (a) an event mentioned in subsection (2) or (3) has happened; and - (b) the procedure under subdivision 3 or 4 for taking the action has been followed; and - (c) the authority for which the noncompliance action is taken relates to the event for which the action is taken. - (a) obtained the authority because of a materially false or misleading representation or declaration, made orally or in writing; or - (b) has failed to comply with this Act, a direction given under this Act or the authority; or - (c) did not pay an amount under this Act by the day it became owing; or - (d) has used any land in the area of the authority for an activity that— (i) is not an authorised activity for the authority 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 authority 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 - (e) has used the authority for a purpose other than for a purpose for which it was granted; or - (f) has carried out, or purported to carry out, work under the authority for which the authority was not granted; or - (g) 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 authority 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