Western Australian Current Acts

PETROLEUM (SUBMERGED LANDS) ACT 1982 - SECT 62

62 .         Removal of pipeline etc. constructed in contravention of Act

        (1)         Where —

            (a)         the construction of a pipeline is commenced, continued or completed in contravention of this Act; or

            (b)         a pipeline is altered or reconstructed in contravention of this Act,

                the Minister may, by instrument in writing served on the appropriate person, direct him —

            (c)         to make such alterations to the pipeline as are specified in the instrument; or

            (d)         to move the pipeline to a specified place in, or to remove it from, the adjacent area,

                within the period specified in the instrument.

        (2)         For the purpose of subsection (1), the appropriate person is —

            (a)         if the construction of the pipeline has been completed, the owner of the pipeline; or

            (b)         if the construction of the pipeline has not been completed, the person for whom the pipeline is being constructed.

        (3)         Where a person on whom there has been served an instrument under subsection (1) does not, within the period specified in the instrument or within such further period, if any, as the Minister, on application in writing served on him before the expiration of the first-mentioned period, allows, comply with the direction, the Minister may do all or any of the things required by the direction to be done.

        (4)         Costs and expenses incurred by the Minister under subsection (3) are a debt due by the person referred to in that subsection to the State and are recoverable in a court of competent jurisdiction.

        [Section 62 amended: No. 42 of 2010 s. 116.]