72Variation of pipeline licence by Joint Authority

#### 72 Variation of pipeline licence by Joint Authority (1) The Joint Authority may: (a) at the request of: (i) a Minister of State of the Commonwealth or of a State; or (ii) a body established by a law of the Commonwealth or of a State or Territory; and (b) if, in its 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 60, direct that person to make such changes in the design, construction, route or position of the pipeline to which the pipeline licence or instrument of consent relates as are specified in the first‑mentioned instrument, within the period specified in the first‑mentioned 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. Penalty: Imprisonment for 5 years. (3) Where the Joint Authority gives a direction under subsection (1) and the person to whom the direction is given complies with the direction, that person may bring an action in the High Court or the Supreme Court against the Minister or body making the request. (4) The 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 court determines that it is just that such a payment ought to be made, the court shall determine the amount of the payment and give judgment accordingly. (6) In this section, the Supreme Court means the Supreme Court of the State or Territory to which the adjacent area in which the pipeline is constructed is specified in Schedule 2 as being adjacent.