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Energy Pipelines Act 1981
26Variation of licence in public interest
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26 Variation of licence in public interest
(1) The Minister may:
(a) at the request of:
(i) a minister, Commonwealth Minister or State Minister; or
(ii) a body established by a law of the Territory or of the
Commonwealth; and
(b) if, in his opinion, it is in the public interest so to do and the
minister or body making the request has given security, to the
satisfaction of the Minister, for the payment of any amount
payable under subsection (5) to a licensee,
Energy Pipelines Act 1981 30
by instrument in writing served on the licensee, direct the licensee
to make such changes in the route or position of the licensee's
pipeline, and within such times, as are specified in the instrument.
(1A) The Minister must not make a direction under subsection (1) unless
sufficient to accommodate the changes in the route or position of
the pipeline.
(2) A licensee to whom a direction under subsection (1) is given shall
comply with the direction.
(3) Where the Minister gives a direction under subsection (1) and the
licensee to whom the direction is given complies with the direction,
the licensee may bring an action in the Tribunal against the minister
or body making the request for compensation of the expenses
incurred by him in complying with the direction.
(4) The Tribunal shall hear the action referred to in subsection (3) 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 Tribunal determines that compensation referred to in
subsection (4) ought to be made, it shall determine the amount of
the compensation and give judgment accordingly.