Document ID: chunk:federal_register_of_legislation:C2024C00828:section:216
Version: federal_register_of_legislation:C2024C00828
Segment Type: section
Provision Reference: s 216
Character Range: 525321–527331

216  Alteration or removal of pipeline constructed in breach of this Act

Scope
 (1) This section applies if:
 (a) the construction of a pipeline is started, continued or completed in breach of this Act; or
 (b) a pipeline is altered or reconstructed in breach of this Act.

Direction by responsible Commonwealth Minister
 (2) The responsible Commonwealth Minister may, by written notice given to whichever of the following persons is applicable:
 (a) if the construction of the pipeline has been completed—the owner of the pipeline;
 (b) if the construction of the pipeline has not been completed—the person for whom the pipeline is being constructed;
direct the person:
 (c) to make specified alterations to the pipeline; or
 (d) to move the pipeline to a specified place in the offshore area; or
 (e) to remove the pipeline from the offshore area;
within the period specified in the direction.
 (3) The period specified in the direction must be reasonable.

Responsible Commonwealth Minister may take action if direction is not complied with
 (4) If a person does not comply with a direction under subsection (2) within:
 (a) the period specified in the direction; or
 (b) such longer period as the Titles Administrator allows;
the responsible Commonwealth Minister may do any or all of the things required by the direction to be done.
 (5) The Titles Administrator may allow a longer period under paragraph (4)(b) only on written application made by the person referred to in subsection (4) within the period specified in the direction.

Recovery of costs and expenses
 (6) Costs and expenses incurred by the responsible Commonwealth Minister under subsection (4) are:
 (a) a debt due to the Commonwealth by the person referred to in that subsection; and
 (b) recoverable in:
 (i) the Federal Court; or
 (ii) the Federal Circuit and Family Court of Australia (Division 2); or
 (iii) a court of a State or Territory that has jurisdiction in relation to the matter.

Division 2—Obtaining a pipeline licence