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Petroleum and Gas (Production and Safety) Act 2004
sec.803Restriction on petroleum facility construction or operation
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### sec.803 Restriction on petroleum facility construction or operation
A person must not construct or operate a petroleum facility unless—
the construction or operation is—
carried out under this Act and under the authority of a petroleum authority; or
carried out under the Mineral Resources Act , section 318CN or 318CNA ; or
necessary to preserve life or property because of a dangerous situation or emergency that exists or may exist; or
the petroleum facility is a facility constructed or operated under—
the Amoco Australia Pty. Limited Agreement Act 1961 ; or
the Ampol Refineries Limited Agreement Act 1964 ; or
the petroleum facility is a facility for the distillation, processing, refining, storage or transport of petroleum authorised under a 1923 Act petroleum tenure.
Maximum penalty—2,000 penalty units.
See however section 876 (Conversion on 2004 Act start day) and the Gas Supply Act 2003 , section 257AA (Exemption from Petroleum and Gas (Production and Safety) Act, ss 800 , 802 and 803 for person complying with direction).
If a corporation commits an offence against this provision, an executive officer of the corporation may be taken, under section 814A , to have also committed the offence.
s 803 amd 2011 No. 2 ss 121 , 122 sch ; 2013 No. 51 s 229 sch 1 ; 2014 No. 47 s 593 ; 2018 No. 24 s 228
- (a) the construction or operation is— (i) carried out under this Act and under the authority of a petroleum authority; or (ii) carried out under the Mineral Resources Act , section 318CN or 318CNA ; or (iii) necessary to preserve life or property because of a dangerous situation or emergency that exists or may exist; or
- (i) carried out under this Act and under the authority of a petroleum authority; or
- (ii) carried out under the Mineral Resources Act , section 318CN or 318CNA ; or
- (iii) necessary to preserve life or property because of a dangerous situation or emergency that exists or may exist; or
- (b) the petroleum facility is a facility constructed or operated under— (i) the Amoco Australia Pty. Limited Agreement Act 1961 ; or (ii) the Ampol Refineries Limited Agreement Act 1964 ; or
- (i) the Amoco Australia Pty. Limited Agreement Act 1961 ; or
- (ii) the Ampol Refineries Limited Agreement Act 1964 ; or
- (c) the petroleum facility is a facility for the distillation, processing, refining, storage or transport of petroleum authorised under a 1923 Act petroleum tenure.
- (i) carried out under this Act and under the authority of a petroleum authority; or
- (ii) carried out under the Mineral Resources Act , section 318CN or 318CNA ; or
- (iii) necessary to preserve life or property because of a dangerous situation or emergency that exists or may exist; or
- (i) the Amoco Australia Pty. Limited Agreement Act 1961 ; or
- (ii) the Ampol Refineries Limited Agreement Act 1964 ; or
- 1 See however section 876 (Conversion on 2004 Act start day) and the Gas Supply Act 2003 , section 257AA (Exemption from Petroleum and Gas (Production and Safety) Act, ss 800 , 802 and 803 for person complying with direction).
- 2 If a corporation commits an offence against this provision, an executive officer of the corporation may be taken, under section 814A , to have also committed the offence.