Victorian Current Acts

OFFSHORE PETROLEUM AND GREENHOUSE GAS STORAGE ACT 2010 - SECT 645

    (1)     If a direction under section 644(3) or (4) in relation to property has not been complied with, the Minister may do any or all of the following things—

        (a)     in the case of a direction under section 644(3)—remove, in such manner as the Minister thinks fit, any or all of that property from the licence area concerned;

        (b)     in the case of a direction under section 644(4)—remove, in such manner as the Minister thinks fit, any or all of that property from the vacated area concerned;

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

        (d)     if, under section 644(6), 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 641 or  643 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 641 or 643 to be done by a person who is or was the registered holder of a greenhouse gas assessment permit, greenhouse gas holding lease, greenhouse gas injection licence, greenhouse gas search authority or greenhouse gas special authority, the costs or expenses—

        (a)     are a debt due by the person 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.

Part 6.5—Offences and enforcement

Division 1 —Petroleum