26DNon-compliance with direction

26D Non-compliance with direction

26D Non-compliance with direction

(1) This section applies if a licensee for a pipeline has not complied with the Minister’s direction under section 26C(1) to remove property.

(2) For the Act, Schedule 2, clause 13, the Minister may do the following—

(a) make good damage to the licence area or relinquished area caused by the removal of the licence operations property in the way the Minister considers appropriate,

(b) do all or any of the things required by the direction to be done,

(c) direct the person or the persons the Minister reasonably believes to be the owner or owners of the licence operations property to remove the licence operations property from the licence area or relinquished area by—

(i) publishing a written order in the Gazette, and

(ii) providing the person or persons the subject of the order with a copy of the order.

(3) If a direction under subsection (2)(c) is not complied with, the Minister may do the following—

(a) remove, in the way the Minister considers appropriate, all or any of the property from the licence area or relinquished area,

(b) dispose of, in the way the Minister considers appropriate, all or any of that property, and

(c) sell all or part of the licence operations property.

(4) The Minister may deduct from the proceeds of a sale under subsection (3)(c) of licence operations property—

(a) all or part of the costs and expenses incurred by the Minister, and

(b) all or part of the fees or amounts owed under this Act by the owner or owners of the licence operations property.

(5) Costs and expenses incurred by the Minister under subsection (3)—

(a) for costs and expenses incurred in relation to the removal, disposal or sale of property or the making good of damage caused by the removal of property—are recoverable as a debt due in a court of competent jurisdiction from the owner of the property, or

(b) for costs and expenses incurred in relation to the doing of a thing required by a direction under section 26C(1)(c) or (d)—are recoverable as a debt due in a court of competent jurisdiction from the person to whom the direction was given.