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PETROLEUM (SUBMERGED LANDS) ACT 1982 - SECT 61

PETROLEUM (SUBMERGED LANDS) ACT 1982 - SECT 61

61—Removal of pipeline etc constructed in contravention of Act

        (1)         Where—

            (a)         the construction of a pipeline, water line, pumping station, tank station, valve station or secondary line is commenced, continued or completed in contravention of this Act; or

            (b)         a pipeline, water line, pumping station, tank station, valve station or secondary line is altered or reconstructed in contravention of this Act,

the Minister may, by instrument in writing served on the appropriate person, direct him—

            (c)         to make such alterations to the pipeline, water line, pumping station, tank station, valve station or secondary line as are specified in the instrument; or

            (d)         to move the pipeline, water line, pumping station, tank station, valve station or secondary line to a specified place in, or to remove it from, the adjacent area,

within the period specified in the instrument.

        (2)         For the purpose of subsection (1), the appropriate person is—

            (a)         if the construction of the pipeline, water line, pumping station, tank station, valve station or secondary line has been completed—the owner of the pipeline, water line, pumping station, tank station, valve station of secondary line; or

            (b)         if the construction of the pipeline, water line, pumping station, tank station, valve station or secondary line has not been completed—the person for whom the pipeline, water line, pumping station, tank station, valve station or secondary line is being constructed.

        (3)         Where a person on whom there has been served an instrument under subsection (1) does not, within the period specified in the instrument or within such further period, if any, as the Minister, on application in writing served on him before the expiration of the firstmentioned period, allows, comply with the direction, the Minister may do all or any of the things required by the direction to be done.

        (4)         Costs and expenses incurred by the Minister under subsection (3) are a debt due by the person referred to in that subsection to the State and are recoverable in a court of competent jurisdiction.