Commonwealth Consolidated Acts

OFFSHORE PETROLEUM AND GREENHOUSE GAS STORAGE ACT 2006 - SECT 589

Power to remove, dispose of or sell property

  (1)   If a direction under subsection   588(3) has been breached in relation to property, NOPSEMA may do any or all of the following things:

  (a)   remove, in such manner as NOPSEMA thinks fit, any or all of that property from the vacated area concerned;

  (b)   dispose of, in such manner as NOPSEMA thinks fit, any or all of that property;

  (c)   if, under subsection   588(5), a person was given a copy of the notice of the direction--sell, by public auction or otherwise, as NOPSEMA thinks fit, any or all of that property that belongs, or that NOPSEMA believes to belong, to that person.

Deduction of costs and expenses etc. from proceeds of sale

  (2)   NOPSEMA may deduct, from the proceeds of a sale under subsection   (1) of property that belongs (or that NOPSEMA believes to belong) to a particular person, the whole or a part of:

  (a)   any costs and expenses incurred by NOPSEMA under that subsection in relation to that property; and

  (b)   any costs and expenses incurred by NOPSEMA in relation to the doing of any thing required by a direction under section   587 to be done by that person; and

  (c)   any fees or amounts payable by that person to NOPSEMA under this Act, so long as the fee or amount concerned is due and payable.

  (2A)   NOPSEMA may, on behalf of the Commonwealth, deduct, from the proceeds of a sale under subsection   (1) of property that belongs (or that NOPSEMA believes to belong) to a particular person, the whole or a part of:

  (a)   any fees or amounts payable to the Commonwealth by that person under this Act, so long as the fee or amount concerned is due and payable; and

  (b)   any amounts payable by that person under the Royalty Act, so long as the amount concerned is due and payable; and

  (c)   any amounts payable by that person under any of the following provisions of the Regulatory Levies Act:

  (i)   section   5;

  (ii)   section   7;

  (iii)   section   9;

  (iv)   section   10A;

  (v)   section   10C;

  (vi)   section   10E;

  (vii)   section   10F;

    so long as the amount concerned is due and payable.

  (2B)   If NOPSEMA, under subsection   (2A), deducts an amount payable to the Commonwealth, NOPSEMA must remit that amount to the Commonwealth.

Balance of proceeds of sale to be paid to owner of property

  (3)   The proceeds of a sale of property under subsection   (1), less any deductions under subsection   (2) or (2A), are to be paid to the owner of the property.

Recovery of costs and expenses--removal, disposal or sale of property

  (4)   If NOPSEMA incurs any costs or expenses under subsection   (1) in relation to the removal, disposal or sale of property, the costs or expenses:

  (a)   are a debt due by the owner of the property to NOPSEMA; and

  (b)   to the extent to which they are not recovered under subsection   (2)--are recoverable in:

  (i)   the Federal Court; or

  (ii)   the Federal Circuit and Family Court of Australia (Division   2); or

  (iii)   a court of a State or Territory that has jurisdiction in relation to the matter.

Recovery of costs and expenses--breach of direction

  (5)   If NOPSEMA incurs costs or expenses in relation to the doing of anything required by a direction under section   587 to be done by a person who is or was subject to the direction, the costs or expenses:

  (a)   are a debt due by the person to NOPSEMA; and

  (b)   to the extent to which they are not recovered under subsection   (2)--are recoverable in:

  (i)   the Federal Court; or

  (ii)   the Federal Circuit and Family Court of Australia (Division   2); or

  (iii)   a court of a State or Territory that has jurisdiction in relation to the matter.