Document ID: chunk:federal_register_of_legislation:C2024C00828:section:227:p1
Version: federal_register_of_legislation:C2024C00828
Segment Type: section
Provision Reference: s 227 (pt 1/2)
Character Range: 567101–569677

227  Variation of pipeline licence at the request of a Minister or a statutory body

Pipeline licence
 (1) The Joint Authority may, by written notice given to a pipeline licensee, direct the licensee to:
 (a) make such changes to the design, construction, route or position of the pipeline concerned as are specified in the direction; and
 (b) make those changes within the period specified in the direction;
and, if the Joint Authority gives such a direction, the Joint Authority must vary the pipeline licence in accordance with the direction.
 (2) The period specified in the direction must be reasonable.
 (3) A variation of a pipeline licence under this section takes effect on the day on which notice of the variation is published in the Gazette.
Note: For publication in the Gazette of notice of the variation, see section 708.

Request by Minister or statutory body
 (4) The Joint Authority may give a direction under subsection (1) only if:
 (a) the Joint Authority is requested to do so by:
 (i) a Minister of the Commonwealth or of a State or the Northern Territory; or
 (ii) a body established by a law of the Commonwealth or of a State or Territory; and
 (b) in the Joint Authority's opinion, it is in the public interest to give the direction.

Offence
 (5) A person commits an offence of strict liability if:
 (a) the person is subject to a direction under subsection (1); and
 (b) the person omits to do an act; and
 (c) the omission breaches the direction.
Penalty: 100 penalty units.
Note: For strict liability, see section 6.1 of the Criminal Code.
 (5A) The maximum penalty for each day that an offence under subsection (5) continues is 10% of the maximum penalty that can be imposed in respect of that offence.
Note: Subsection (5) is a continuing offence under section 4K of the Crimes Act 1914.

Recovery of cost of complying with direction
 (6) If:
 (a) the Joint Authority gives a direction to a person under subsection (1) in relation to a pipeline in an offshore area; and
 (b) the person complies with the direction;
the person may bring an action in:
 (c) the Federal Court; or
 (d) the Supreme Court of, or having jurisdiction in, the State or Territory to which the offshore area relates;
against the Minister or body who made the request under subsection (4).
 (7) The court must:
 (a) hear the action without a jury; and
 (b) determine whether it is just that the whole or a part of the reasonable cost of complying with the direction ought to be paid to the plaintiff by the defendant.
 (8) If the court determines that it is just that such a