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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).]