PETROLEUM (SUBMERGED LANDS) ACT 1982 - SECT 71
PETROLEUM (SUBMERGED LANDS) ACT 1982 - SECT 71
71—Variation of pipeline licence by Minister
(a) at
the request of—
(i)
a Minister or a Minister of State of the Commonwealth; or
(ii)
a body established by a law of the Commonwealth or of the
State; and
(b) if,
in his opinion, it is in the public interest so to do,
by instrument in writing served on a person who is a pipeline licensee or the
holder of an instrument of consent under section 59 direct that person to
make such changes in the design, construction, route or position of the
pipeline, or of a water line, pumping station, tank station, valve station or
secondary line to which the pipeline licence or instrument of consent relates,
as are specified in the firstmentioned instrument, within the period specified
in the firstmentioned instrument, and, if the person so directed is a pipeline
licensee, shall vary the pipeline licence accordingly.
(2) A person to whom a
direction is given under subsection (1) shall comply with the direction.
Maximum penalty: $50 000 or imprisonment for five years or both.
(3) Where the Minister
gives a direction under subsection (1), and the person to whom the
direction was given has complied with the direction, that person may bring an
action in the Supreme Court against the Minister or Minister of State of the
Commonwealth or body making the request.
(4) The Supreme Court
shall hear the action, without a jury, and shall determine whether it is just
that the whole or a portion of the reasonable cost of complying with the
direction ought to be paid to the plaintiff by the defendant.
(5) 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.