Victorian Current Acts

OFFSHORE PETROLEUM AND GREENHOUSE GAS STORAGE ACT 2010 - SECT 638

    (1)     If a direction under section 637(3) in relation to property has not been complied with, the Minister may do any or all of the following things—

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

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

        (c)     if, under section 637(5), a person was given a copy of the notice of the direction—sell, by public auction or otherwise, as the Minister thinks fit, any or all of that property that belongs, or that the Minister believes to belong, to that person.

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

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

        (b)     any costs and expenses incurred by the Minister in relation to the doing of any thing required by a direction under section 636 to be done by that person; and

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

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

    (4)     If the Minister 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 the State; and

        (b)     to the extent to which they are not recovered under subsection (2)—are recoverable in a court of competent jurisdiction.

    (5)     If the Minister incurs costs or expenses in relation to the doing of anything required by a direction under section 636 to be done by a person who is or was the registered holder of a petroleum exploration permit, petroleum retention lease, petroleum production licence, infrastructure licence, pipeline licence, petroleum special prospecting authority or petroleum access authority, the costs or expenses—

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

        (b)     to the extent to which they are not recovered under subsection (2)—are recoverable in a court of competent jurisdiction.

Division 2 —Greenhouse gas