Greenhouse Gas Storage Act 2009
sec.361Ownership of thing removed in exercise of remedial powers
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sec.361 Ownership of thing removed in exercise of remedial powers
This section applies if— remedial powers are exercised for land; and in the exercise of the powers a thing is removed from the land; and immediately before the removal, the thing was the property of— the holder or former holder of a GHG authority about whom the powers were exercised; or an agent of or contractor for the holder. On the removal, the thing becomes the property of the State. The State may deal with the thing as it considers appropriate, including for example, by destroying it or giving it away. The chief executive may deal with the thing for the State. If the State sells the thing, the State may after deducting the costs of the sale return the net proceeds of the sale to the former owner of the thing. (sec.361-ssec.1) This section applies if— remedial powers are exercised for land; and in the exercise of the powers a thing is removed from the land; and immediately before the removal, the thing was the property of— the holder or former holder of a GHG authority about whom the powers were exercised; or an agent of or contractor for the holder. (sec.361-ssec.2) On the removal, the thing becomes the property of the State. (sec.361-ssec.3) The State may deal with the thing as it considers appropriate, including for example, by destroying it or giving it away. (sec.361-ssec.4) The chief executive may deal with the thing for the State. (sec.361-ssec.5) If the State sells the thing, the State may after deducting the costs of the sale return the net proceeds of the sale to the former owner of the thing.
- (a) remedial powers are exercised for land; and
- (b) in the exercise of the powers a thing is removed from the land; and
- (c) immediately before the removal, the thing was the property of— (i) the holder or former holder of a GHG authority about whom the powers were exercised; or (ii) an agent of or contractor for the holder.
- (i) the holder or former holder of a GHG authority about whom the powers were exercised; or
- (ii) an agent of or contractor for the holder.
- (i) the holder or former holder of a GHG authority about whom the powers were exercised; or
- (ii) an agent of or contractor for the holder.