PETROLEUM AND GEOTHERMAL ENERGY RESOURCES ACT 1967 - SECT 96
PETROLEUM AND GEOTHERMAL ENERGY RESOURCES ACT 1967 - SECT 96
96 . Compliance with directions
(1) Where a person
does not comply with a direction given or applicable to the person under this
Part or under the regulations, the Minister may do all or any of the things
required by the direction to be done.
(2) Costs and expenses
incurred by the Minister under subsection (1) in relation to a direction are a
debt due by the person to whom the direction was given or was applicable to
the Crown and are recoverable in a court of competent jurisdiction.
(2a) Where —
(a) a
direction given under section 95 applies to a permittee, lessee or licensee or
the holder of a special prospecting authority or access authority and another
person and an action under subsection (2) relating to the direction is brought
against that other person; and
(b) the
person adduces evidence that the person did not know, and could not reasonably
be expected to have known, of the existence of the direction,
the person is not
liable under subsection (2) unless the plaintiff proves that the person knew,
or could reasonably be expected to have known, of the existence of the
direction.
(3) It is a defence if
a person charged with failing to comply with a direction given or applicable
to the person under this Part or under the regulations or a defendant in an
action under subsection (2) proves that he took all reasonable steps to comply
with the direction.
[Section 96 amended: No. 12 of 1990 s. 77.]