New South Wales Consolidated Acts

PIPELINES ACT 1967 - SECT 35

35 Removal of property etc by licensee

(1) Where a licence has been wholly cancelled or partly cancelled, or has expired, the Minister may, by instrument in writing served on the person who was, or is, as the case may be, the licensee, direct that person to do either or both of the following things:

(a) remove or cause to be removed from the relinquished area all property, or any property specified in the instrument, that was brought into that area by any person engaged or concerned in the operations authorised by the licence or make arrangements that are satisfactory to the Minister for the removal or disposal of that property and to make good, to the satisfaction of the Minister, any damage to the relinquished area caused by the removal of the property, and

(b) make good, to the satisfaction of the Minister, any damage to the relinquished area caused by any person engaged or concerned in those operations or caused by the removal of any property, pursuant to a direction referred to in paragraph (a), otherwise than in the manner specified in the direction.

(2) The Minister may, by instrument in writing served on a licensee, direct him or her to do either or both of the following things:

(a) remove or cause to be removed from the licence area all property, or any property specified in the instrument, that was brought into that area by any person engaged or concerned in the operations authorised by the licence or make arrangements that are satisfactory to the Minister for the removal or disposal of that property and to make good, to the satisfaction of the Minister, any damage to the licence area caused by the removal of the property, and

(b) make good, to the satisfaction of the Minister, any damage to the licence area caused by any person engaged or concerned in those operations or caused by the removal of any property, pursuant to a direction referred to in paragraph (a), otherwise than in the manner specified in the direction.

(3) A direction under subsection (1) (a) or (2) (a) may specify the manner in which the property, or any of the property specified in the direction, shall be removed.

(4) A person to whom a direction is given under either subsection (1) or (2) shall comply with the direction:

(a) in the case of a direction given under subsection (1)-within the period specified in the instrument by which the direction was given, or

(b) in the case of a direction given under subsection (2)-on or before the date of expiration of the licence.

Maximum penalty: 40 penalty units.