Western Australian Current Acts Western Australian Current Acts (1) The Minister may
—
(a) at
the request of —
(i)
a Minister of the Crown of the State or a Minister of
State of the Commonwealth; or
(ii)
a body established by a law of the Commonwealth or of the
State;
and
(b) if,
in his 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 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.
(2) A person to whom a
direction is given under subsection (1) shall comply with the direction.
Penalty: a fine of $50 000 or imprisonment for 5
years, or both.
(3) 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, Minister of State of the Commonwealth
or body making the request.
(4) 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.
(5) 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.
[Section 72 amended: No. 42 of 2010 s. 124 and
171.]