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Energy Pipelines Act 1981
29Powers of Minister to enforce direction
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29 Powers of Minister to enforce direction
(1) Where a licence has been wholly or partly cancelled, or has
expired, and:
(a) a direction referred to in section 28(1)(a) or (2)(a) for the
removal of property from the relinquished or licence area has
not been complied with, the Minister may, by notice in the
Gazette, direct that the owner or owners of the property shall
remove it from that area within the period specified in the
instrument and the Minister shall cause a copy of the
instrument to be served on each person whom he believes to
be an owner of that property or part of that property;
(b) a direction referred to in section 28(1)(a) or (2)(a) for the
removal of property from the relinquished or licence area has
been complied with, but damage to the area caused by the
removal of the property has not been made good to the
satisfaction of the Minister, the Minister may make good the
damage in such manner as he thinks fit; or
(c) a direction referred to in section 28(1)(b) or (2)(b) has not
been complied with, the Minister may do any of the things
required by the direction to be done.
Energy Pipelines Act 1981 33
(2) Where property has not been removed from the relinquished or
licence area in accordance with a direction under subsection (1)(a),
the Minister may:
(a) remove, in such manner as he thinks fit, that property from the
area;
(b) dispose of, in such a manner as he thinks fit, any of that
property; and
(c) if he has served a copy of the instrument by which the
direction was given on a person whom he believed to be the
owner of the property or part of the property, sell, by public
auction or otherwise, as he thinks fit, any part of that property
that belongs, or that he believes to belong, to that person.
(3) The Minister may deduct from the proceeds of a sale under
subsection (2) of property that belongs, or that he believes to
belong, to a person, any part of:
(a) the costs and expenses incurred by the Minister under that
subsection in relation to that property;
(b) the costs and expenses incurred by the Minister in relation to
the doing of any thing required by a direction under
section 28(1) or (2) to be done by that person; and
(c) the fees or amounts due and payable under this Act by that
person.
(4) Costs and expenses incurred by the Minister under subsection (2),
if incurred in relation to:
(a) the removal, disposal or sale of property or the making good
of damage caused by the removal of property; or
(b) the doing of a thing required by a direction under
section 28(1)(b) or (2)(b),
are a debt due and payable by the person to whom the direction
was given to the Territory and, to the extent to which they are not
recovered under subsection (3), are recoverable in a court of
competent jurisdiction.
(5) Subject to subsection (4), no action lies in respect of the removal,
disposal or sale under this section of property.
Energy Pipelines Act 1981 34