113Sale of property

#### 113 Sale of property (1) Where a direction under section 108 has not been complied with in relation to any property, the Designated Authority may do all or any of the following things: (a) remove, in such manner as he thinks fit, all or any of that property from the relinquished area concerned; (b) dispose of, in such manner as he thinks fit, all or any of that property; and (c) if he has served a copy of the instrument by which the direction was given on a person whom he believed to be an owner of that property or part of that property, sell, by public auction or otherwise, as he thinks fit, all or any of that property that belongs, or that he believes to belong, to that person. (2) The Designated Authority may deduct from the proceeds of a sale under subsection (1) of property that belongs, or that he believes to belong, to a particular person: (a) all or any part of any costs and expenses incurred by him under that subsection in relation to that property; (b) all or any part of any costs and expenses incurred by him in relation to the doing of any thing required by a direction under section 107, 111 or 112, 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, or under any Act with which this Act is incorporated, by that person. (3) Costs and expenses incurred by the Designated Authority 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 Commonwealth; or (b) if incurred in relation to the doing of any thing required by a direction under section 107, 111 or 112, as the case may be, to be done by a person who is or was a permittee, lessee, licensee, infrastructure licensee, pipeline licensee or holder of a special prospecting authority or access authority, are a debt due by that person to the Commonwealth; 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.