32Cancellation of licences for breach of conditions, this Act or the regulations or non-payment of amounts due

32 Cancellation of licences for breach of conditions, this Act or the regulations or non-payment of amounts due

32 Cancellation of licences for breach of conditions, this Act or the regulations or non-payment of amounts due

(1) Where a licensee—

(a) has not complied with a condition to which the licence is subject,

(b) has not complied with a provision of this Act or of the regulations, or

(c) has not paid any amount payable by him or her under this Act within a period of three months after the day on which the amount became payable,

the Minister may, on that ground, by instrument in writing served on the licensee cancel the licence as to the whole or a part of the pipeline in respect of which it is in force.

(2) The Minister is not to cancel a licence unless the Minister has—

(a) given the licensee at least one month’s written notice of the intention to cancel the licence and the grounds for that intention, and

(b) served a copy of the notice on such other persons, if any, as he or she thinks fit, and

(c) specified in the notice a period within which the licensee or any person on whom a copy of the notice is served may make written submissions to the Minister with respect to the intended cancellation, and

(d) published in such manner as the Minister thinks fit notice of the intended cancellation and grounds, specifying a period within which any person with an interest in land in the licence area may make written submissions to the Minister with respect to the intended cancellation, and

(e) taken into account—

(i) any action taken by the licensee to remove the grounds for the intended cancellation or to prevent the recurrence of similar grounds, and

(ii) any written submissions made to the Minister within the relevant specified period.

s 32: Am 1977 No 17, Sch 1; 2006 No 35, Sch 1 [75] [76]; 2018 No 25, Sch 2.24 [4].