225Variation of pipeline licence at the request of a Minister or a statutory body

225 Variation of pipeline licence at the request of a Minister or a statutory body

(1) The Minister may, by written notice given to a pipeline licensee, direct the licensee to—

(a) make such changes to the design, construction, route or position of the pipeline concerned as are specified in the direction; and

(b) make those changes within the period specified in the direction—

and, if the Minister gives such a direction, the Minister must vary the pipeline licence in accordance with the direction.

(2) The period specified in the direction must be reasonable.

(3) A variation of a pipeline licence under this section takes effect on the day on which notice of the variation is published in the Government Gazette.

(4) The Minister may give a direction under subsection (1) only if—

(a) the Minister is requested to do so by—

(i) a Minister of this State or the Commonwealth or of another State or the Northern Territory; or

(ii) a body established by a law of this State or the Commonwealth or of another State or a Territory; and

(b) in the Minister's opinion, it is in the public interest to give the direction.

(5) A person who is given a direction under subsection (1) must not intentionally contravene the direction.

S. 225(6) amended by No. 55/2010 s. 80(2).

(a) the Minister gives a direction to a person under subsection (1) in relation to a pipeline in the offshore area; and

(b) the person complies with the direction—

the person may bring an action in the Supreme Court against the Minister or body who made the request under subsection (4).

(7) The court must—

(a) hear the action without a jury; and

(b) determine whether it is just that the whole or a part of the reasonable cost of complying with the direction ought to be paid to the plaintiff by the defendant.

(8) If the court determines that it is just that such a payment ought to be made, the court must determine the amount of the payment and give judgment accordingly.

Division 4—Pipeline operation