New South Wales Consolidated Acts

PIPELINES ACT 1967 - SECT 36

36 Powers of Minister where direction under section 35 not complied with

(1) Where a licence has been wholly cancelled or partly cancelled, or has expired, and:

(a) a direction referred to in section 35 (1) (a) or (2) (a) for the removal of property from the relinquished area has not been complied with, the Minister may, by instrument published in the Gazette, direct that the owner or owners of the property shall remove it from that area within the period specified in the instrument and shall serve a copy of the instrument on each person whom he or she believes to be an owner of that property or part of that property,

(b) a direction referred to in section 35 (1) (a) or (2) (a) for the removal of property from the relinquished area has been complied with, but any damage to the relinquished area or to the licence area, as the case may be, caused by the removal of the property has not been made good to the satisfaction of the Minister, the Minister may make good the damage in such manner as he or she thinks fit, or

(c) a direction referred to in section 35 (1) (b) or (2) (b) has not been complied with, the Minister may do all or any of the things required by the direction to be done.

(2) Where any property has not been removed from the relinquished area in accordance with a direction under subsection (1) (a), the Minister may do all or any of the following things:

(a) remove, in such manner as he or she thinks fit, all or any of that property from the relinquished area concerned,

(b) dispose of, in such manner as he or she thinks fit, all or any of that property, and

(c) if he or she has served a copy of the instrument by which the direction was given on a person whom he or she believed to be the owner of that property or part of that property, sell, by public auction or otherwise, as he or she thinks fit, all or any part of that property that belongs, or that he or she believes to belong, to that person.

(3) The Minister may deduct from the proceeds of a sale under subsection (2) of property that belongs, or that he or she believes to belong, to a particular person:

(a) all or any part of any costs and expenses incurred by him or her under that subsection in relation to that property,

(b) all or any part of any costs and expenses incurred by him or her in relation to the doing of any thing required by a direction under section 35 (1) (b) or (2) (b) to be done by that person,

(c) all or any part of any fees or amounts due and payable under this Act by that person.

(4) Costs and expenses incurred by the Minister under subsection (2):

(a) if incurred in relation to the removal, disposal or sale of property or the making good of damage caused by the removal of property, are a debt due by the owner of the property to the Crown, or

(b) if incurred in relation to the doing of any thing required by a direction under section 35 (1) (b) or (2) (b), are a debt due by the person to whom the direction was given to the Crown,

and, to the extent to which they are not recovered under subsection (3), are recoverable in a court of competent jurisdiction.

(5) Subject to subsection (4), no action lies in respect of the removal, disposal or sale of property under this section.