26AAWaste or escape of substances from pipelines—the Act, Sch 2, cl 5

26AA Waste or escape of substances from pipelines—the Act, Sch 2, cl 5

26AA Waste or escape of substances from pipelines—the Act, Sch 2, cl 5

(1) A licensee must not intentionally cause or permit the waste or escape of a substance from a pipeline.

Maximum penalty—

(a) for a corporation—10,000 penalty units, or

(b) for an individual—2,000 penalty units.

(2) It is a defence to the prosecution of an offence under subsection (1) if the licensee causes or permits the waste or escape of the substance in circumstances where—

(a) the waste or escape was in response to an emergency, and

(b) the licensee did not negligently or recklessly act—

(i) in a way that caused the emergency, and

(ii) in a way that increased the waste of substance or the escape of substance from the pipeline.

(3) Subsection (1) does not apply if—

(a) the licensee has notified the Secretary at least 5 business days before the waste or escape of the substance of the licensee’s intention to cause or permit the waste or escape, and

(b) the Secretary gives written acknowledgement of the receipt of the notice.

(4) A licensee who unintentionally causes or permits the waste of a substance from the pipeline must notify the Secretary no later than 28 days after becoming aware of the waste.

Maximum penalty—

(a) for a corporation—5,000 penalty units and, for a continuing offence, a further 500 penalty units for each day the offence continues, or

(b) for an individual—1,000 penalty units and, for a continuing offence, a further 100 penalty units for each day the offence continues.

s 26AA: Ins 2025 (675), Sch 1[24].