Action item 14.32
Progress
Complete.
Approved by decision makers.
Recommendation implemented.
That prior to the grant of any further production approvals, the Government enacts provisions that reverse the onus of proof or create rebuttable presumptions for pollution and environmental harm offences for all onshore shale gas activities.
Completed
Department of Industry, Tourism and Trade
Department of the Chief Minister and Cabinet
Action item update
Implementation
The Petroleum Legislation Amendment Bill 2022 was introduced in the Legislative Assembly on 12 October 2022, passed on 1 December 2022 and assented to on 16 December 2022. Refer to Special Gazette S64 published on 19 December 2022 on the Northern Territory Government website.
Amendments to the Petroleum Act 1984 include converting all offences to be compliant with Part IIAA of the Criminal Code Act 1993 to provide clarity on the individual elements of each offence and subsequently address the burden of proof associated with each offence.
The Bill also incorporates a number of defences, which reverse the onus of proof for a defendant who wants to rely on them in Court (both evidentiary and legal).