25Change in position or route of pipeline

##### 25. Change in position or route of pipeline (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 State or of the Commonwealth; and (b) if, in his opinion, it is in the public interest so to do and the Minister or body making the request has given security, to the satisfaction of the Minister, for the payment of any amount payable to a licensee under subsection (5), by instrument in writing served on the licensee, direct the licensee to make such changes in the route or position of the licensee’s pipeline as are specified in the instrument. (2) A person to whom a direction is given under subsection (1) shall comply with the direction. Penalty: a fine of $50 000 or imprisonment for 5 years, or both. (3) Where the Minister gives a direction under subsection (1) and the licensee to whom the direction is given complies with the direction, the licensee may bring an action in the Supreme Court against the Minister or body making the request. (4) The Supreme Court shall hear the action 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. [Section 25 amended: No. 12 of 1990 s. 129; No. 42 of 2010 s. 182(13).]