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PETROLEUM (SUBMERGED LANDS) ACT 1982 - SECT 71 Variation of pipeline licence by designated authority

PETROLEUM (SUBMERGED LANDS) ACT 1982 - SECT 71

Variation of pipeline licence by designated authority

(1)  The Minister may –
(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 first-mentioned instrument, within the period specified in the first-mentioned instrument, and, if the person so directed is a pipeline licensee, the Minister shall vary the pipeline licence accordingly.
(2)  If a person to whom a direction is given under subsection (1) fails to comply with the direction, he is guilty of an offence and is liable on conviction to a fine not exceeding 500 penalty units or to imprisonment for a term not exceeding 5 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 take proceedings in the Supreme Court against the Minister, the Minister of State of the Commonwealth, or the body making request.
(4)  The Supreme Court shall hear the proceedings, 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.