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