Part 2Carbon dioxide capture, storage etc and hydrogen production, transport and storage
Chapter 5Carbon storage information and samples
Enforcement of sanctionable requirements
I1115Power of OGA to give sanction notices
1
If the OGA considers that a person has failed to comply with a sanctionable requirement imposed on the person, it may give the person a sanction notice in respect of that failure.
2
If the OGA considers that there has a been a failure to comply with a sanctionable requirement imposed jointly on two or more persons, it may give a sanction notice in respect of that failure—
a
to one only of those persons (subject to section 118(2)),
b
jointly to two or more of them, or
c
jointly to all of them,
but it may not give separate sanction notices to each of them in respect of the failure.
3
In this Chapter “sanction notice” means—
a
an enforcement notice (see section 116),
b
a financial penalty notice (see section 117),
c
a revocation notice (see section 118), or
d
an operator removal notice (see section 119).
4
Sanction notices, other than enforcement notices, may be given in respect of a failure to comply with a sanctionable requirement even if, at the time the notice is given, the failure to comply has already been remedied.
5
Where the OGA gives a sanction notice to a person in respect of a particular failure to comply with a sanctionable requirement—
a
it may, at the same time, give another type of sanction notice to the person in respect of that failure to comply;
b
it may give subsequent sanction notices in respect of that failure only in accordance with section 122 (subsequent sanction notices).
6
The OGA’s power to give sanction notices under this section is subject to section 120 (duty of OGA to give sanction warning notices).
7
Where the OGA gives a sanction notice to a licensee in respect of a failure to comply with a sanctionable requirement—
a
the matter is to be dealt with in accordance with this Chapter, and
b
any requirement under the licensee’s carbon storage licence to deal with the matter in a certain way (including by arbitration) does not apply in respect of that failure to comply.