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.