PETROLEUM PIPELINES ACT 1969 - SECT 7
PETROLEUM PIPELINES ACT 1969 - SECT 7
7 . Power of Minister to authorise entry
(1) The Minister may,
on an application being made to him in that behalf by a person who proposes to
apply for a licence, authorise in writing either specially or generally
—
(a) that
person to enter, from time to time, during the day time, upon any land within
an area specified in the authority; and
(b) that
person to so enter with such assistants and such equipment and materials as he
thinks fit,
for the purpose of
making surveys and preliminary investigations in respect of the construction
of the pipeline to which the licence for which he proposes to apply will
relate.
(2) Any person so
authorised may do all things that he considers necessary for the purpose of
the survey and investigation, including the drilling or digging of holes and
the affixing and setting up of such pegs, marks or poles as may be required.
(3) Before entry on
any land is made for the purposes of this section any person authorised in
that behalf under this section, shall, if practicable, give reasonable notice
to the owner or occupier of the land of his intention to enter thereon and
shall, if required by the owner or occupier, produce the authority under which
he claims to enter or has entered on the land.
(4) Any damage to the
land caused by any such person shall be repaired as soon as practicable and
the land restored, so far as possible, to its former condition.
(5) A person who
—
(a)
without lawful authority removes, destroys or alters any peg, mark, pole, or
other thing used for the purpose of any survey or investigation made or in the
course of being made under this section; or
(b)
wilfully damages or destroys or otherwise interferes with any such peg, mark,
pole or other thing; or
(c)
wilfully obstructs or interferes with any person lawfully engaged in
connection with any such survey or investigation,
commits an offence
against this Act.
Penalty: a fine of $1 000.
(6) Every person
having any estate or interest in land entered upon under the authority of this
section and injuriously affected or suffering any damage thereby, is entitled
to full compensation, the amount thereof to be as agreed between the person
making the entry and the person claiming compensation, or, failing agreement,
to be determined by a court of competent jurisdiction.
[Section 7 amended: No. 12 of 1990 s. 124; No. 42
of 2010 s. 182(13).]