PETROLEUM (SUBMERGED LANDS) ACT 1982 - SECT 112
PETROLEUM (SUBMERGED LANDS) ACT 1982 - SECT 112
(1) Where a direction
under section 107 has not been complied with in relation to any property,
the Minister may do all or any of the following things:
(a)
remove, in such manner as he thinks fit, all or any of that property from
the relinquished area concerned; and
(b)
dispose of, in such manner as he thinks fit, all or any of that property; and
(c) if
he has served a copy of the instrument by which the direction was given on a
person whom he believed to be an owner of that property or part of that
property, sell, by public auction or otherwise, as he thinks fit, all or any
of that property that belongs, or that he believes to belong, to that person.
(2) The Minister may
deduct from the proceeds of a sale under subsection (1) of property that
belongs, or that he believes to belong, to a particular person—
(a) all
or any part of any costs and expenses incurred by him under that subsection in
relation to that property; and
(b) all
or any part of any costs and expenses incurred by him in relation to the doing
of any thing required by a direction under section 106, 110 or 111, as
the case may be, to be done by that person; and
(c) all
or any part of any fees or amounts due and payable under this Act by that
person.
(3) Costs and expenses
incurred by the Minister under subsection (1)—
(a) if
incurred in relation to the removal, disposal or sale of property, are a debt
due by the owner of the property to the State; or
(b) if
incurred in relation to the doing of any thing required by a direction under
section 106, 110 or 111, as the case may be, to be done by a person who
is or was a permittee, lessee, licensee, pipeline licensee or holder of a
special prospecting authority or access authority, are a debt due by that
person to the State,
and, to the extent to which they are not recovered under subsection (2),
are recoverable in a court of competent jurisdiction.
(4) Subject to
subsection (3), no action lies in respect of the removal, disposal or
sale of property under this section.