Variation of pipeline licence by Minister
72 Variation of pipeline licence by Minister
The Minister may—
at the request of—
a Minister of this State or a Minister of State of the Commonwealth; or
a body established by a law of the Commonwealth or of the State; and
if, in the Minister’s 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, or of a water line, pumping station, tank station, valve station or secondary line 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.
A person to whom a direction is given under subsection (1) shall comply with the direction.Maximum penalty—670 penalty units or imprisonment for 5 years.
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 of this State or Minister of State of the Commonwealth or body making the request.
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.
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.
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