114Sale of property

#### 114 Sale of property 114 Sale of property > > (1) Where a direction under section 109 has not been complied with in relation to any property, the Minister may do all or any of the following things— > > > > > (a) remove, in such manner as the Minister thinks fit, all or any of that property from the relinquished area concerned, > > > > > (b) dispose of, in such manner as the Minister thinks fit, all or any of that property, > > > > > (c) if the Minister has served a copy of the instrument by which the direction was given on a person whom the Minister believed to be an owner of that property or part of that property, sell, by public auction or otherwise, as the Minister thinks fit, all or any part of that property that belongs, or that the Minister believes to belong, to that person. > > > (2) The Minister may deduct from the proceeds of a sale under subsection (1) of property that belongs, or that the Minister believes to belong, to a particular person— > > > > > (a) all or any part of any costs and expenses incurred by the Minister under that subsection in relation to that property, > > > > > (b) all or any part of any costs and expenses incurred by the Minister in relation to the doing of any thing required by a direction under section 108, 112 or 113, as the case may be, to be done by that person, and > > > > > (c) all or any part of any fees or amounts due and payable under this Act by that person. > > > (3) Costs and expenses incurred by the Minister under subsection (1)— > > > > > (a) if incurred in relation to the removal, disposal or sale of property, are a debt due by the owner of the property to the Crown, or > > > > > (b) if incurred in relation to the doing of any thing required by a direction under section 108, 112 or 113, as the case may be, to be done by a person who is or was a permittee, lessee, licensee, pipeline licensee or holder of a special prospecting authority or access authority, are a debt due by that person to the Crown, > > > > and, to the extent to which they are not recovered under subsection (2), are recoverable in a court of competent jurisdiction. > > > (4) Subject to subsection (3), no action lies in respect of the removal, disposal or sale of property under this section. > > **s 114:** Am 1986 No 59, Sch 7 (19).