101Directions

#### 101 Directions (1) A Designated Authority in respect of an adjacent area, or a part of an adjacent area, may, by instrument in writing served on the registered holder of a permit, lease, licence, infrastructure licence, pipeline licence, special prospecting authority or access authority, give to the registered holder a direction as to any matter with respect to which regulations may be made. (2) A direction given under this section to a registered holder applies to the registered holder and may also be expressed to apply to: (a) a specified class of persons, being a class constituted by or included in one or both of the following classes of persons: (i) servants or agents of, or persons acting on behalf of, the registered holder; (ii) persons performing work or services, whether directly or indirectly, for the registered holder; or (b) any person (not being a person to whom the direction applies otherwise than in accordance with this paragraph) who is in the adjacent area, or the part of the adjacent area, for any reason touching, concerning, arising out of or connected with the exploration of the sea‑bed or subsoil of the adjacent area, or the part of the adjacent area, for petroleum or the exploitation of the natural resources, being petroleum, of that sea‑bed or subsoil or is in, on, above, below or in the vicinity of a vessel, aircraft, structure or installation, or equipment or other property, that is in the adjacent area, or the part of the adjacent area, for a reason of that kind; and where a direction so expressed is given, the direction shall be deemed to apply to each person included in that specified class or to each person who is in the adjacent area, or the part of the adjacent area, as mentioned in paragraph (b), as the case may be. (2A) Where a direction under this section applies to a registered holder and to a person referred to in paragraph (2)(a), the registered holder shall cause a copy of the instrument by which the direction was given to be given to that other person or to be exhibited at a prominent position at a place in an adjacent area frequented by that other person. Penalty: 50 penalty units. (2B) Where a direction under this section applies to a registered holder and to a person referred to in paragraph (2)(b), the registered holder shall cause a copy of the instrument by which the direction was given to be exhibited at a prominent position at a place in an adjacent area. Penalty: 50 penalty units. (2C) Where a direction under this section applies to a registered holder and to a person referred to in paragraph (2)(b), the Designated Authority in respect of an adjacent area, or a part of an adjacent area, may, by notice in writing given to the registered holder, require the registered holder to cause to be displayed at such places in the adjacent area, or the part of an adjacent area, and in such manner, as are specified in the notice, copies of the instrument by which the direction was given, and the registered holder shall comply with that requirement. Penalty: 50 penalty units. (3) The Designated Authority shall not give a direction under subsection (1) of a standing or permanent nature except with the approval of the Joint Authority, but the validity of a direction of the Designated Authority shall not be called in question by reason of this subsection. (4) A direction under this section has effect and shall be complied with notwithstanding any previous direction under this section. (5) A direction under this section has effect and shall be complied with notwithstanding anything in the regulations or the applied provisions. (6) Subsections 157(2A) and (2B) apply in relation to directions made under this section in like manner as those subsections apply to the regulations. (7) A person who fails to comply with a direction in force under subsection (1) that applies to the person is guilty of an offence punishable, upon conviction, by a fine not exceeding $10,000. (7A) An offence against subsection (7) is an offence of strict liability. > Note: For strict liability, see section 6.1 of the Criminal Code. (8) Where: (a) a direction given under this section applies to a registered holder and another person and that other person is prosecuted for an offence against subsection (7) in relation to the direction; and (b) the person adduces evidence that the person did not know, and could not reasonably be expected to have known, of the existence of the direction; the person shall not be convicted of the offence unless the prosecutor proves that the person knew, or could reasonably be expected to have known, of the existence of the direction. > Note: The defendant bears an evidential burden in relation to the matter in paragraph (8)(b), see subsection 13.3(3) of the Criminal Code.