72Variation of pipeline licence by designated authority

72 Variation of pipeline licence by designated authority (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 a State; and (b) if, in his opinion, it is in the public interest so to do,

Petroleum (Submerged Lands) Act 1981 73 by notice in writing served on a person who is a pipeline licensee or the holder of a notice of consent under section 60, 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 notice of consent relates, as are specified in the first-mentioned notice, within the period specified in the first-mentioned notice and, if the person so directed is a pipeline licensee, shall vary the pipeline licence accordingly. (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 or 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.