New South Wales Consolidated Acts

PIPELINES ACT 1967 - SECT 33

33 Cancellation of licence in public interest

(1) The Minister may, by written notice served on the licensee, cancel a licence if the Minister considers the cancellation to be in the public interest.

(2) The cancellation may be:

(a) of the Minister’s own motion, or

(b) on the written recommendation of any State or Commonwealth Minister or any body established by a law of the State or of the Commonwealth, but only if the Minister or body has given security, to the satisfaction of the Minister, for the payment of any amount payable to the licensee under subsection (6).

(3) The cancellation:

(a) may be with respect to the whole or part of the pipeline in respect of which the licence is in force, and

(b) takes effect on and from the day specified in the notice of cancellation.

(3A) In determining when the cancellation is to take effect the Minister is to consider:

(a) if there was a recommendation for the cancellation, the reasons for the recommendation, and

(b) the public interest, and

(c) the time it would be likely to take the licensee to replace the pipeline or part of the pipeline as to which the licence is cancelled.

(4) If a licence is cancelled under subsection (1), the licensee may bring proceedings in the Supreme Court:

(a) where the cancellation was of the Minister’s own motion, against the Minister, or

(b) where the cancellation was on a recommendation of a Minister or body, against the Minister or body concerned.

(5) The Supreme Court shall hear the proceedings and shall determine whether it is just that compensation ought to be paid to the plaintiff by the defendant by reason of the cancellation.

(6) If the Supreme Court determines that it is just that such a payment ought to be made, the Supreme Court shall determine the amount of the payment and give judgment accordingly.