73Variation of pipeline licence by Minister

#### 73 Variation of pipeline licence by Minister 73 Variation of pipeline licence by Minister > > (1) The Minister may— > > > > > (a) at the request of— > > > > > > > (i) a Minister or a Minister of State of the Commonwealth, or > > > > > > > (ii) a body established by a law of the Commonwealth or a Territory or of New South Wales, and > > > > > (b) if, in the Minister’s opinion, it is in the public interest so to do, > > > > by instrument in writing served on a person who is a pipeline licensee or the holder of an instrument of consent under section 61, direct that person to make such changes in the design, construction, route or position of the pipeline, or of a water line, pumping station, tank station, valve station or secondary line, to which the pipeline licence or instrument of consent relates as are specified in the firstmentioned instrument, within the period specified in the firstmentioned instrument and, if the person so directed is a pipeline licensee, shall vary the pipeline licence accordingly. > > > (2) A person to whom a direction is given under subsection (1) shall comply with the direction. > > > > Maximum penalty—500 penalty units or imprisonment for 5 years, or both. > > > (3) Where the Minister gives a direction under subsection (1) and the person to whom the direction was given has complied with the direction, that person may bring an action in the Supreme Court against the Minister, Minister of State of the Commonwealth or body making the request. > > > (4) The Supreme Court shall hear the action, without a jury, and shall determine whether it is just that the whole or a portion of the reasonable cost of complying with the direction ought to be paid to the plaintiff by the defendant. > > > (5) If the Supreme Court determines that it is just that such a payment ought to be made, the Supreme Court shall determine the amount of the payment and give judgment accordingly. > > **s 73:** Am 1992 No 112, Sch 1.