Western Australia: Petroleum Pipelines Act 1969 (WA)

Western Australia Petroleum Pipelines Act 1969 Western Australia Petroleum Pipelines Act 1969 Contents Part I — Preliminary 1. Short title 1 2. Commencement 1 4. Terms used 1 5. Power of Minister to make certain declarations for interpretation purposes 1 Part II — Licences and acquisition of land and rights over land 6. Construction etc. of pipelines 1 7. Power of Minister to authorise entry 1 8. Application for licence 1 9. Refusal of licence 1 10. Grant of licence 1 12. Conditions of licence 1 13. Security 1 14. Term of licence 1 15A. Termination of pipeline licence if no operations for 5 years 1 15. Variation of licence on application by licensee 1 16. Power of Minister to grant easements etc. over Crown land 1 17. Power of public authority to grant easements etc. 1 18. Authority to make arrangements and agreements for easements 1 19. Taking of land or easement over land for the purposes of or incidental to construction or operation of pipeline 1 20. Application of Land Administration Act 1997 s. 195 to easements for pipelines etc. 1 21. Directions as to conveyance of petroleum 1 22. Exemptions 1 23. Surrender of licence 1 24. Cancellation of licences for breach of conditions, the Act or regulations or non‑payment of amounts due 1 25. Change in position or route of pipeline 1 26. Cancellation of licences not affected by other provisions 1 27. Removal of property etc. by licensee 1 28. Powers of Minister where direction not complied with 1 29. Licence fees 1 30. Penalty for late payment 1 31. Fees and penalties debts due to the Crown 1 32. Certain local laws not to apply to licensed pipelines 1 Part III — Construction and operation of pipeline 33. Construction to be along authorised route 1 34. Construction to be in accordance with prescribed standards etc. 1 35. Pipelines to be operated continuously 1 36. Consent to commencement or resumption of pipeline operations 1 36A. Manner of operating pipelines 1 37. Waste or escape of substances from pipeline 1 37A. Insurance requirements 1 38. Marking route of pipeline and maintenance etc. of property 1 39. Pipelines on agricultural land, licensee's duties 1 40. Pipelines crossing any water 1 41. Directions 1 42. Non-compliance with directions 1 Part IV — Registration of licences and related instruments 43. Register of licences to be kept 1 44. Approval and registration of transfers 1 45. Entries in register on devolution of rights of registered holder 1 47. Approval of dealings creating etc. interests etc. in existing licences 1 48. True consideration to be shown 1 49. Minister not concerned with certain matters 1 50. Power of Minister to require information as to proposed dealings 1 51. Production and inspection of books, records and documents 1 52. Inspection of register and documents 1 53. Evidentiary provisions 1 53A. Minister may make corrections to register 1 54. Reviews 1 56. Offences 1 Part V — Miscellaneous 57. Pipelines to remain property of owner 1 58. Notices of grants etc. of licences to be published 1 59. Judicial notice 1 60. Address for service 1 60A. Service of documents on 2 or more licensees 1 61. Power of Minister to delegate 1 62. Inspectors 1 63. Powers of inspectors 1 63A. Protection from liability for wrongdoing 1 64. Theft of petroleum from pipeline 1 65. Interfering with pipeline operation 1 66. Continuing offences 1 66A. Persons concerned in commission of offences 1 66B. Crimes and other offences 1 66BA. Time for bringing proceedings for offences against this Act (including the regulations) 1 66BB. Evidentiary matters 1 66C. Orders for forfeiture in respect of certain offences 1 66D. Disposal of forfeited goods 1 66E. Licences under section 10 are not personal property for the purposes of the Personal Property Securities Act 2009 (Commonwealth) 1 67. Regulations 1 Notes Compilation table 1 Uncommenced provisions table 1 Other notes 1 Defined terms Western Australia Petroleum Pipelines Act 1969 An Act relating to the construction, operation and maintenance of pipelines for the conveyance of petroleum and for purposes connected therewith. Part I — Preliminary 1. Short title This Act may be cited as the Petroleum Pipelines Act 1969. 2. Commencement This Act shall come into operation on a date to be fixed by proclamation. [3. Deleted: No. 12 of 1990 s. 120.] 4. Terms used (1) In this Act, unless the contrary intention appears — approved means approved by the Minister; inspector means a person appointed an inspector under this Act; licence means a current licence granted under this Act authorising the construction and operation of a pipeline; licence area in relation to a licence means the lands specified in the licence as being that area; licensee means a person who is the registered holder of a licence; Minister for Lands means the Minister as defined in the Land Administration Act 1997 section 3(1); owner in relation to — (a) land other than Crown land or land owned by or vested in the Crown or a public authority, includes every person who jointly or severally, whether at law or in equity — (i) is entitled to the land for an estate of freehold in possession; (ii) is a person to whom the Crown has lawfully contracted to transfer the land in fee simple under the Land Administration Act 1997, or any other Act; (iii) is entitled to receive, or is in receipt of, or if the land were let would be entitled to receive the rents and profits thereof, whether as beneficial owner, trustee, mortgagee in possession, or otherwise; (b) Crown land and land owned by or vested in the Crown, means the Crown; (c) land owned by or vested in a public authority, means that public authority, and owned and like expressions have a corresponding meaning; partly cancelled in relation to a licence means cancelled as to part of the pipeline the subject of the licence; petroleum means — (a) any naturally occurring hydrocarbon, whether in a gaseous, liquid or solid state; or (b) any naturally occurring mixture of hydrocarbons, whether in a gaseous, liquid or solid state; or (c) any naturally occurring mixture of one or more hydrocarbons, whether in a gaseous, liquid or solid state, and any one or more of the following, that is to say, hydrogen sulphide, nitrogen, helium and carbon dioxide, and includes any petroleum as defined by paragraph (a), (b) or (c) of this definition that has been returned to a natural reservoir; pipeline means a pipe or system of pipes used or intended to be used for the conveyance of petroleum; and includes all structures for protecting or supporting a pipeline and all loading terminals, works and buildings and all fittings, pumps, tanks, storage tanks, appurtenances and appliances and any facility, or any facility of a class, which is declared for the time being under section 5 to be a pipeline facility for the purposes of this Act used in connection with a pipeline, but does not include — (a) a pipeline as defined in the Petroleum (Submerged Lands) Act 1982; (b) a pipeline that is used — (i) for the conveyance of petroleum from the well head to a tank or separator or for the collection of petroleum within the area in which it is produced or recovered; (ii) for returning petroleum to a natural reservoir; (iii) for the conveyance of petroleum for use for the purpose of petroleum exploration operations or operations for the recovery of petroleum; (iv) for the conveyance of petroleum that is to be flared or vented; (c) a pipeline constructed or to be constructed under the authority of any Act, other than this Act; [(d) deleted] (da) a pipeline that is part of a distribution system as defined in the Energy Coordination Act 1994; (e) a pipeline constructed or to be constructed on land used for residential, business, agricultural, commercial or industrial purposes, designed for use solely for the residential, business, agricultural, commercial or industrial purposes carried on on that land and situated wholly within the boundaries of that land; (f) a pipeline or a pipeline of a class declared for the time being under section 5 not to be a pipeline for the purposes of this Act; pipeline operation means an operation — (a) in connection with the construction, operation, inspection (by a person other than an inspector), maintenance or repair of a pipeline; and (b) carried out on land that is specified in any licence as licence area; public authority means — (a) a Minister of the Crown acting in his official capacity under an Act; or (b) a State instrumentality; or (c) any body — (i) which is established under an Act; and (ii) which administers or carries out any social service or public utility for the benefit of the State; and (iii) which is declared for the time being under section 5 to be a public authority for the purposes of this Act; register means the register referred to in section 43; registered holder in relation to a licence means the person whose name is for the time being shown in the register as being the holder of the licence; relinquished area means in relation to a licence that — (a) has expired or been wholly cancelled — the licence area; and (b) has been partly cancelled — that part of the licence area on which is situated the part of the pipeline as to which the licence was partly cancelled; wholly cancelled in relation to a licence means cancelled as to the whole of the pipeline the subject of the licence. (2) In this Act, a reference — (a) to a pipeline on any land, includes a reference to a pipeline in, under, through, across or above the surface of the land; (b) to a pipeline, includes a reference to part of a pipeline; (c) to a licence, includes a reference to a licence as varied under this Act. [Section 4 amended: No. 12 of 1990 s. 121; No. 28 of 1994 s. 64; No. 73 of 1994 s. 4; No. 31 of 1997 s. 77(1) and 141; No. 20 of 1999 s. 10(5); No. 13 of 2005 s. 19; No. 8 of 2010 s. 22; No. 42 of 2010 s. 173; No. 36 of 2020 s. 325.] 5. Power of Minister to make certain declarations for interpretation purposes (1) The Minister may by order — (a) declare — (i) a facility, or a facility of a class, specified in the order to be a pipeline facility; or (ii) a pipeline, or a pipeline of a class, specified in the order not to be a pipeline; or (iii) a body which is referred to in paragraph (c) of the definition of public authority in section 4(1) and which is specified in the order to be a public authority, for the purposes of this Act; or (b) repeal an order made under this subsection. (2) An order made under subsection (1) has legislative effect for the purposes of the definition of subsidiary legislation in section 5 of the Interpretation Act 1984. (3) A declaration of the kind referred to in subsection (1)(a)(i) may be made so as to have retrospective effect. [Section 5 inserted: No. 12 of 1990 2 s. 122.] [5AA. Deleted: No. 36 of 2020 s. 326.] Part II — Licences and acquisition of land and rights over land [5A. Deleted: No. 16 of 2009 s. 72.] 6. Construction etc. of pipelines (1) A person shall not — (a) commence, or continue the construction of a pipeline; or (b) alter or reconstruct a pipeline, except under and in pursuance of a licence. (2) A person shall not operate a pipeline — (a) except under and in pursuance of a licence; and (b) unless he has obtained the consent of the Minister under section 36 to the commencement or resumption, as the case may be, of operations and commences or resumes operations in accordance with the conditions, if any, specified in the instrument of consent. (3) It is not an offence against this section — (a) if, in an emergency in which there is a likelihood of loss or injury, or for the purpose of maintaining a pipeline in good order and repair, a person does an act to avoid the loss or injury or to maintain the pipeline in good order and repair and — (i) as soon as practicable notifies the Minister of the act done; and (ii) complies with any directions given to him by the Minister; or (b) if a person does an act in compliance with a direction under this Act. Penalty for an offence under subsection (1) or (2): a fine of $50 000 or imprisonment for 5 years, or both. [Section 6 amended: No. 12 of 1990 s. 123; No. 13 of 2005 s. 31; No. 42 of 2010 s. 182(1).] 7. Power of Minister to authorise entry (1) The Minister may, on an application being made to him in that behalf by a person who proposes to apply for a licence, authorise in writing either specially or generally — (a) that person to enter, from time to time, during the day time, upon any land within an area specified in the authority; and (b) that person to so enter with such assistants and such equipment and materials as he thinks fit, for the purpose of making surveys and preliminary investigations in respect of the construction of the pipeline to which the licence for which he proposes to apply will relate. (2) Any person so authorised may do all things that he considers necessary for the purpose of the survey and investigation, including the drilling or digging of holes and the affixing and setting up of such pegs, marks or poles as may be required. (3) Before entry on any land is made for the purposes of this section any person authorised in that behalf under this section, shall, if practicable, give reasonable notice to the owner or occupier of the land of his intention to enter thereon and shall, if required by the owner or occupier, produce the authority under which he claims to enter or has entered on the land. (4) Any damage to the land caused by any such person shall be repaired as soon as practicable and the land restored, so far as possible, to its former condition. (5) A person who — (a) without lawful authority removes, destroys or alters any peg, mark, pole, or other thing used for the purpose of any survey or investigation made or in the course of being made under this section; or (b) wilfully damages or destroys or otherwise interferes with any such peg, mark, pole or other thing; or (c) wilfully obstructs or interferes with any person lawfully engaged in connection with any such survey or investigation, commits an offence against this Act. Penalty: a fine of $1 000. (6) Every person having any estate or interest in land entered upon under the authority of this section and injuriously affected or suffering any damage thereby, is entitled to full compensation, the amount thereof to be as agreed between the person making the entry and the person claiming compensation, or, failing agreement, to be determined by a court of competent jurisdiction. [Section 7 amended: No. 12 of 1990 s. 124; No. 42 of 2010 s. 182(13).] 8. Application for licence (1) An application for a licence — [(a) deleted] (b) shall be made in the approved manner; and (c) shall be accompanied by particulars of — (i) the design and construction of the proposed pipeline; (ii) the provisions for cathodic protection of the proposed pipeline; (iii) the size and capacity of the proposed pipeline; (iv) the proposals of the applicant for work and expenditure in respect of the construction of the proposed pipeline; (v) the technical qualifications of the applicant and of his employees; (vi) the technical advice available to the applicant; (vii) the financial resources available to the applicant; and (d) shall be accompanied by a plan, drawn to an approved scale — (i) showing the route of the proposed pipeline; and (ii) showing the situation of any proposed pumping and compression stations, terminal facilities and other permanent appurtenances of a substantial nature intended to be used in connection with the operation of the proposed pipeline; and (iii) showing the lands, if any proposed to be used for the purposes of gaining access to the proposed pipeline; and (iv) on which shall be identified the lands or easements over lands referred to in paragraph (f); and (e) shall be accompanied by particulars of any agreements entered into or proposed to be entered into, by the applicant for the acquisition by him of, or of easements over, the lands shown in the plan, referred to in paragraph (d); and (f) shall specify, in relation to each part of the proposed pipeline, particulars of the lands, or the easements over lands, acquired or agreed to be acquired, or in respect of which the applicant will need to acquire for the purpose of constructing and operating the proposed pipeline or gaining access thereto; and (g) shall be accompanied by any agreements entered into, or proposed to be entered into, by the applicant for or in relation to the supply or conveyance of petroleum by means of the proposed pipeline; and (h) shall be accompanied by copies of the notifications caused to be served in accordance with the provisions of subsection (3); and (i) may set out any other matter that the applicant wishes the Minister to consider; and (j) shall be accompanied by the prescribed application fee. (2) The Minister may, at any time, by instrument in writing served on the applicant, require him to furnish to the Minister, within the time specified in the instrument, further information in writing in connection with his application. (3) At the time of making the application the applicant — (a) shall notify the local government of each district in which any part of the proposed pipeline is intended to be situated, that an application has been made; and (b) shall notify each owner and each occupier, if any, of any land over which any part of the pipeline referred to in the application is to be constructed, that an application has been made. (4) The Minister, at the expense of the applicant, shall, as soon as practicable, publish — (a) in the Government Gazette; and (b) in a daily newspaper circulating generally in the State; and (c) in such other newspapers as the Minister considers necessary which circulate in the districts in which the proposed pipeline is intended to be situated, a notice that he has received the application and that a map showing the proposed route of the pipeline may be examined at the place or places and at the times specified in the notice. (5) The Minister may direct the applicant to inform such other persons as the Minister considers necessary that the application has been made. (6) An application and each of the documents accompanying it shall be submitted in quadruplicate. [Section 8 amended: No. 12 of 1990 s. 125; No. 28 of 1994 s. 77; No. 14 of 1996 s. 4; No. 42 of 2010 s. 174.] 9. Refusal of licence (1) The Minister may refuse an application made under section 8(1), but such an application shall not be refused unless — (a) the Minister has, by instrument in writing served on the applicant, given not less than 90 days' notice of his intention to refuse the application; and (b) the Minister has served a copy of the instrument on such other persons, if any, as he thinks fit; and (c) the Minister has, in the instrument — (i) given particulars of the reason for the intention; and (ii) specified a date on or before which the applicant or a person on whom a copy of the instrument is served may, by instrument in writing served on the Minister, submit any matters that he wishes the Minister to consider; and (d) the Minister has taken into account particulars of any matters so submitted on or before the specified date. [(2) deleted] [Section 9 amended: No. 28 of 1994 s. 65.] 10. Grant of licence (1) Where — (a) a person makes an application in accordance with section 8 and the Minister is satisfied that the applicant has made provision or given security to the satisfaction of the Minister for the payment — (i) of all compensation payable in respect of any land or easement over any land to be taken by compulsory acquisition; (ii) of all charges and expenses necessary for or incidental to the compulsory acquisition of that land or easement; and (b) a period of 28 days has elapsed since the date on which the last of the notifications required to be given by section 8(3) was given, the Minister may, after taking into consideration any representations made to him with respect to the proposed pipeline, and in particular the matters referred to in subsection (2), grant to the applicant a licence in respect of the proposed pipeline and cause to be published in the Government Gazette a notice that the licence has been granted. (2) In considering any such application the Minister shall generally have regard to — (a) the public interest; and (b) the financial ability of the applicant to construct, operate and maintain the proposed pipeline; and (c) whether the construction of the proposed pipeline on the lands specified in the application would contravene any planning scheme under the Planning and Development Act 2005; and (d) whether the construction and operation of the proposed pipeline on the lands specified in the application would be unsuitable by reason of the proposed pipeline being likely to interfere unnecessarily with improvements, improved land, flora, fauna or scenic attractions or for any other reason that the Minister thinks sufficient. [Section 10 amended: No. 28 of 1994 s. 66; No. 38 of 2005 s. 15.] [10A. Deleted: No. 52 of 1995 s. 43.] [11. Deleted: No. 42 of 2010 s. 175.] 12. Conditions of licence (1) A licence may be granted subject to such conditions as the Minister thinks fit and specifies in the licence. (2) The conditions referred to in subsection (1) may include a condition that the licensee shall complete the construction of, and commence to operate, the pipeline within the period specified in the licence. (3) Subject to subsection (4), the licence is subject to a condition that the licensee shall not commence or cause to be commenced the construction of the proposed pipeline specified therein over any part of the licence area unless he has first acquired all the lands in that part of the licence area or a lease, licence or other authority over the lands and acquired and registered all such easements over those lands as are necessary for him to lawfully construct that pipeline over those lands or part thereof and to have the right of access thereto. (4) Where the Minister is satisfied that the licensee has acquired any such easement and is unable to register it, through circumstances beyond his control, the licensee, with the prior consent in writing of the Minister, may, pending the registration of the easement, commence or cause to be commenced the construction of the proposed pipeline over the land to which the easement relates, on such terms and conditions relating to the registration of the easement as the Minister thinks fit and specifies in the instrument of consent. [Section 12 amended: No. 42 of 1970 s. 2; No. 10 of 1983 s. 3; No. 12 of 1990 s. 126; No. 28 of 1994 s. 68.] 13. Security (1) A security referred to in section 10 — (a) shall be given in such manner and form as are approved by the Minister; and (b) may, subject to that approval, be by cash deposit or other such method as the Minister allows or partly by cash deposit and partly by such other method as the Minister allows. (2) A security given in accordance with a form approved by the Minister, although it is not sealed, binds the person subscribing to it as if it were sealed. (3) Whenever a security referred to in section 10 is put in suit, the production of the security without further proof entitles the Minister to judgment against the person appearing to have executed the security, for the amount of his stated liability or for such lesser amount as is claimed, unless that person proves compliance with the conditions of the security or that the security was not executed by him or release or satisfaction. (4) If it appears to the court that a noncompliance with a condition of a security under this Act has occurred, the security shall not be deemed to have been discharged or invalidated and the subscriber shall not be deemed to have been released or discharged from liability, by reason of — (a) any extension of time or other concession; or (b) any consent to, or acquiescence in, a previous noncompliance with a condition; or (c) any failure to bring suit against the subscriber upon the occurrence of a previous noncompliance with the condition. (5) If there are several subscribers to the security, they are bound, unless the security otherwise provides, jointly and severally and for the full amount. (6) A security referred to in section 10 may be sued on if the subscriber fails to make any payment referred to in section 10(1). [Section 13 amended: No. 28 of 1994 s. 69.] 14. Term of licence (1) Subject to this Part, a licence remains in force indefinitely. (2) Subsection (1) applies to pipeline licences in force immediately before the commencement of section 176 of the amending Act as well as to pipeline licences granted on or after the commencement of that section. (3) In subsection (2), a reference to a pipeline licence in force is to be read as including a reference to — (a) a pipeline licence in force as a result of being renewed under section 11 as in force before its deletion by section 175 of the amending Act; and (b) a pipeline licence deemed to be in force under section 11(7) as in force before that deletion. (4) In subsections (2) and (3) — amending Act means the Petroleum and Energy Legislation Amendment Act 2010. [Section 14 inserted: No. 42 of 2010 s. 176.] 15A. Termination of pipeline licence if no operations for 5 years (1) If a licensee — (a) has not carried out any construction work under the licence at any time during a continuous period of 5 years; and (b) has not used the pipeline, or has not used a particular part of it, at any time during a continuous period of 5 years, the Minister may, by written notice served on the licensee, inform the licensee that the Minister proposes to terminate the licence, or to terminate the licence in respect of the unused part of the pipeline, as the case may be, after the end of the period of one month after the notice is served. (2) At any time after the end of the period of one month after the notice referred to in subsection (1) is served on the licensee, the Minister may, by written notice served on the licensee, terminate the licence, or terminate the licence in respect of the part of the pipeline, as the case may be. (3) In working out, for the purposes of subsection (1), the duration of the period in which a licensee did not carry out any construction work under the licence or did not use the pipeline or a part of the pipeline, any period in which construction work was not carried out, or the pipeline or the part of it was not used, because of circumstances beyond the licensee's control is to be disregarded. [Section 15A inserted: No. 42 of 2010 s. 176.] 15. Variation of licence on application by licensee (1) A licensee may, at any time, by instrument in writing served on the Minister, apply for the variation of a licence other than a variation with respect to the licence area. (2) An application under this section — [(a) deleted] (b) shall be accompanied by particulars of the proposed variation; and (c) shall specify the reasons for the proposed variation; and (d) shall be accompanied by the prescribed fee. (3) The Minister may, at any time, by notice in writing served on a person who has made an application under this section, require him to furnish within a time specified in the notice further information in connection with his application. (4) The Minister may — (a) give notice of an application under this section to such persons, if any, as he thinks fit; and (b) specify a period within which each person to whom notice is so given may submit to the Minister in writing any matters that he wishes to be considered in connection with the application. (5) After considering particulars of any matters submitted to him under subsection (4), the Minister may vary the licence to such extent as he thinks necessary or may refuse to vary the licence. [Section 15 amended: No. 28 of 1994 s. 77; No. 42 of 2010 s. 177.] 16. Power of Minister to grant easements etc. over Crown land Notwithstanding anything to the contrary contained in any Act or in any licence, proclamation, reservation, declaration or dedication of or with respect to any Crown land, the Minister for Lands, or a public service officer of the Department, as defined in the Land Administration Act 1997 section 3(1), who is authorised in writing by the Minister for Lands to do so in that Minister's name, may, upon such terms and conditions, and subject to the payment of such fee as the grantor thinks fit, grant to a licensee any lease, easement, licence or other authority necessary or expedient to enable the licensee — (a) to construct the pipeline specified in the licensee's licence over any such Crown land; and (b) to operate, inspect, maintain and repair that pipeline. [Section 16 amended: No. 8 of 2010 s. 23.] 17. Power of public authority to grant easements etc. Notwithstanding anything contained to the contrary in any Act or rule of law or its constitution, any public authority may, upon such terms and conditions as are agreed upon by such authority and a licensee, and if the Governor so determines shall, upon such terms and conditions as the Governor may impose, grant to the licensee a lease, easement, licence or other authority of the kind referred to in section 16 of or over — (a) any land vested in or owned by the public authority; or (b) any land under the care and management of the public authority, necessary or expedient to enable the licensee — (c) to construct the pipeline specified in the licensee's licence; and (d) to operate, inspect, maintain and repair that pipeline. 18. Authority to make arrangements and agreements for easements (1) For the purposes of exercising the authority conferred on him by a licence, the licensee may — (a) make such arrangements and enter into such contracts not inconsistent with this Act or with the licence as he considers necessary; (b) agree with the owner of an estate or interest in land for the purchase or other acquisition of any right, interest or easement in or upon the land, and the terms upon which any such right or interest may be used or exercised or any such easement enjoyed. (2) Notwithstanding any Act or rule of law to the contrary, any company, body or authority has power to enter into and carry out any arrangement, contract or agreement referred to in subsection (1). 19. Taking of land or easement over land for the purposes of or incidental to construction or operation of pipeline (1) Subject to subsection (2), for the purpose of carrying out any function authorised by a licence or any other function necessary for the efficient operation of the pipeline in respect of which the licence is granted or necessarily incidental to the operation of the pipeline, the Minister may, on the application of the licensee and at his expense in all things, take under Part 9 of the Land Administration Act 1997, as if for a public work within the meaning of the Public Works Act 1902, any land or any easement over any land whether for the time being subsisting or not. (2) Subsection (1) does not apply unless the Minister is satisfied that the licensee, after making reasonable attempts to do so, has been unable to acquire the land or easement over the land by agreement with the owner thereof. (3) For the purposes of giving effect to this section — (a) the word land in Part 9 of the Land Administration Act 1997 shall be construed as including an easement over land; (b) on the taking of the land or easement over the land under this section, the land or easement, as the case may be, shall vest in the licensee and all proceedings subsequent thereto in respect of compensation, or otherwise for the purpose of complying with Parts 9 and 10 of the Land Administration Act 1997, shall be taken against the licensee, who shall be deemed to be the respondent and shall be liable in respect of the taking to the same extent as the Minister administering that Act would have been liable if the taking had been for the purpose of a public work. (4) Where an easement is acquired or taken over any land pursuant to this Act a description of the easement and a notification that it has been so taken, together with a plan showing the location of the easement over that land, shall, if the easement is over land — (a) that is under the operation of the Transfer of Land Act 1893 or Land Administration Act 1997, be sent by the licensee to the Registrar of Titles, who shall duly record on the document of title relating to the land a statement or entry thereof; or (b) that is not under the operation of that Act, be sent by the licensee to the Registrar of Deeds and Transfers, who shall, by memorial in the Register of Deeds, duly record the notification of the easement. [Section 19 amended: No. 31 of 1997 s. 77(2)‑(4) and 142; No. 47 of 2011 s. 16.] 20. Application of Land Administration Act 1997 s. 195 to easements for pipelines etc. (1) The provisions of section 195 of the Land Administration Act 1997 apply to and in respect of easements in favour of a licensee acquired under any of the provisions of this Act for the purpose of the construction, maintenance and use of pipelines, for any purpose incidental to any such purpose, and for the purpose of access to pipelines in the same manner as they apply to easements in favour of the Crown. (2) For the purposes of subsection (1), an instrument does not create an easement in favour of, or operate to transfer an easement to, a licensee unless — (a) it is expressed to create the easement in favour of, or to transfer the easement to, a licensee; and (b) it bears a certificate by the Minister to that effect. (3) Where a licence — (a) expires; (b) is surrendered as to the whole or a part of the pipeline in respect of which it is in force; (c) is cancelled as to the whole or a part of the pipeline in respect of which it is in force, the Minister shall notify in writing forthwith the Registrar of Titles or the Registrar of Deeds and Transfers of the fact, according to whether the licence area or the part thereof on which is situated the whole or part of the pipeline as to which the licence has expired or was wholly or partly surrendered or cancelled — (d) is under the operation of the Transfer of Land Act 1893 or the Land Administration Act 1997; or (e) is alienated from the Crown but is not under the operation of the Transfer of Land Act 1893. (4) On receipt of the notification pursuant to subsection (3), the Registrar of Titles or Registrar of Deeds and Transfers, as the case may be, shall duly record the notification or cause it to be recorded; and thereupon any easement that has been recorded under section 19(4) over the licence area or the part thereof to which the notification relates, is, by force of this Act, extinguished and no compensation is payable in respect thereof. (5)(a) Where a transfer of a licence is registered under section 44, the Minister shall notify forthwith in writing the Registrar of Titles or Registrar of Deeds and Transfers. (b) Upon receipt of such notification the Registrar of Titles or Registrar of Deeds and Transfers shall duly record on the document of title, in the Register of Deeds or in the appropriate register, as the case requires, that any easement that has been recorded under section 19(4) thereon or therein over the licence area or part thereof, has been transferred to the registered holder and thereupon, by force of this Act, the easement vests in the registered holder. (6)(a) Any person in possession of any deed, certificate or other instrument evidencing the title to any land over which any such easement as is referred to in subsection (4) is registered shall, upon receiving notice from the Registrar of Titles or Registrar of Deeds and Transfers, deliver up to him such deed, certificate or instrument for the purpose of recording the extinguishment of the easement or the vesting of it in the registered holder, pursuant to this section, as the case may require. (b) A person who fails to so deliver up any such deed, certificate or instrument after receiving a notice to do so is guilty of an offence against this Act. Penalty for an offence under subsection (6)(b): a fine of $500. [Section 20 amended: No. 12 of 1990 s. 127; No. 31 of 1997 s. 77(5)‑(8); No. 42 of 2010 s. 182(2); No. 47 of 2011 s. 16.] 21. Directions as to conveyance of petroleum (1) Where — (a) a person, by instrument in writing served on a licensee, requests the licensee to enter into an agreement for the conveyance of petroleum through the pipeline specified in that licensee's licence; and (b) that person and the licensee do not, within a period of 3 months after the instrument is served on the licensee, enter into such an agreement, that person may apply to the Minister for a direction under this section. (2) An application under this section — (a) shall be in the approved form; and (b) shall be made in the approved manner; and (c) shall set out the matters that the applicant wishes the Minister to consider in relation to the application. (3) The Minister — (a) shall serve notice of the application on the licensee; and (b) may serve notice of the application on such other persons, if any, as he thinks fit; and (c) shall specify in any such notice a date on or before which the licensee or any other person on whom a notice is served may submit to the Minister in writing any matters that he wishes the Minister to consider in connection with the application. (4) After considering any matters submitted to him under subsection (3) on or before the specified date and such matters as he thinks relevant, the Minister, by an instrument in writing served on the licensee and the applicant — (a) may give to the licensee, to the applicant and to any other person lawfully entitled to use the pipeline, such directions as he thinks appropriate for or in relation to the use of the pipeline by the licensee, the applicant and any such other person; or (b) may refuse the application. (5) Without limiting the generality of subsection (4), directions under paragraph (a) of that subsection may include directions as to the amounts to be paid to the licensee by the applicant and any other person lawfully entitled to use the pipeline but any such direction shall be subject to the licensee's right to convey its own petroleum through the pipeline in priority to any other petroleum to be so conveyed. (6) A person to whom a direction is given under subsection (4) shall comply with the direction. Penalty: a fine of $10 000. (7) This section does not apply to a Code pipeline within the meaning of the Gas Pipelines Access (Western Australia) Law 3 for which there is an approved Access Arrangement under that Law. [Section 21 amended: No. 12 of 1990 s. 128; No. 28 of 1994 s. 77; No. 65 of 1998 s. 89; No. 42 of 2010 s. 182(13).] 22. Exemptions (1) Where — (a) a licence is, under this Act, to be deemed to continue in force until the Minister grants, or refuses to grant, the renewal of the licence; or (b) a licence is varied under section 15; or (c) a licensee enters into an agreement referred to in section 21; or (d) a licence is cancelled as to part of the pipeline in respect of which it is in force; or (e) a licensee applies by instrument in writing served on the Minister, for a variation or suspension of, or exemption from compliance with, any of the conditions to which the licence is subject; or (f) the Minister, under this Act, gives a direction or consent to a licensee, the Minister may, at any time, by instrument in writing served on the licensee, vary or suspend, or exempt the licensee from compliance with, any of the conditions to which the licence is subject, upon such conditions, if any, as the Minister determines and specifies in the instrument. (1a) Subsection (1)(c) does not apply to the licensee under a licence in respect of a Code pipeline within the meaning of the Gas Pipelines Access (Western Australia) Law 3 for which there is an approved Access Arrangement under that Law. (2) Nothing in subsection (1) empowers the Minister to alter the term of a licence. [Section 22 amended: No. 65 of 1998 s. 89; No. 13 of 2005 s. 31.] 23. Surrender of licence (1) A licensee may, at any time, by instrument in writing served on the Minister, apply for consent to surrender his licence as to the whole or a part of the pipeline in respect of which it is in force. (2) Subject to subsection (3), a consent, under subsection (1), to the surrender of a licence shall not be given unless the licensee — (a) has paid all amounts payable by him under this Act or has made arrangements which are satisfactory to the Minister for the payment of those amounts; and (b) has complied with the conditions to which the licence is subject and with the provisions of this Act and of the regulations; and (c) has, where the Minister, by an instrument in writing served on the licensee, has required him to do so, caused to be published in such newspapers as may be specified in the instrument, notice of the licensee's intention to apply for consent to surrender the licence as to the whole or a part of the pipeline in respect of which it is in force and has in that notice specified a date not being earlier than one month after publication of the notice on or before which any person having an interest in any land in the licence area may, by instrument in writing served on the Minister, submit any matters that he wishes to be considered in connection with the application for the consent; and (d) has, to the extent that he is required to do so by the Minister and to the satisfaction of the Minister, removed or caused to be removed from the area to which the surrender relates, property brought into that area by any person engaged or concerned in the operations authorised by the licence, or has made arrangements that are satisfactory to the Minister for the removal or disposal of that property. (3) Where a licensee has not complied with the conditions to which the licence is subject and with the provisions of this Act and of the regulations, the Minister may give his consent to the surrender of a licence under subsection (1) if he is satisfied that, although the licensee has not so complied, special circumstances exist that justify the giving of consent to the surrender. (4) Where the Minister consents to an application under subsection (1), the applicant may, by instrument in writing served on the Minister, surrender the licence accordingly. 24. Cancellation of licences for breach of conditions, the Act or regulations or non‑payment of amounts due (1) Where a licensee — (a) has not complied with a condition to which the licence is subject; or (b) has not complied with a provision of this Act or of the regulations; or (c) has not paid any amount payable by him under this Act within a period of 3 months after the day on which the amount became payable, the Minister may, on that ground, by instrument in writing served on the licensee, cancel the licence as to the whole or a part of the pipeline in respect of which it is in force. (2) A licence shall not, under subsection (1), be cancelled as mentioned in that subsection on a ground referred to in that subsection unless — (a) the Minister has, by instrument in writing served on the licensee, given not less than one month's notice of his intention so to cancel the licence on that ground; and (b) the Minister has served a copy of the instrument on such other persons, if any, as he thinks fit; and (c) the Minister has, in the instrument, specified a date on or before which the licensee or any person on whom a copy of the instrument is served may, by instrument in writing served on the Minister, submit any matters that he wishes to be considered in connection with the cancellation of the licence; and (d) the Minister has caused to be published in such newspapers as he thinks fit, notice of his intention so to cancel the licence on that ground and has, in that notice, specified a date on or before which any person having an interest in any land in the licence area may submit any matters that he wishes to be considered in connection with the cancellation of the licence; and (e) the Minister has taken into account — (i) any action taken by the licensee to remove that ground or to prevent the recurrence of similar grounds; and (ii) particulars of any matters submitted under paragraph (c) on or before the date specified under that paragraph or under paragraph (d) on or before the date specified under that paragraph. 25. Change in position or route of pipeline (1) The Minister may — (a) at the request of — (i) a Minister or a Minister of State of the Commonwealth; or (ii) a body established by a law of the State or of the Commonwealth; and (b) if, in his opinion, it is in the public interest so to do and the Minister or body making the request has given security, to the satisfaction of the Minister, for the payment of any amount payable to a licensee under subsection (5), by instrument in writing served on the licensee, direct the licensee to make such changes in the route or position of the licensee's pipeline as are specified in the instrument. (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 licensee to whom the direction is given complies with the direction, the licensee may bring an action in the Supreme Court against the Minister or body making the request. (4) The Supreme Court shall hear the action 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 25 amended: No. 12 of 1990 s. 129; No. 42 of 2010 s. 182(13).] 26. Cancellation of licences not affected by other provisions (1) A licence may be wholly cancelled or partly cancelled on the ground that the licensee has not complied with a provision of this Act or of the regulations notwithstanding that he has been convicted of an offence by reason of his failure to comply with the provision. (2) A person who was the registered holder of a licence that has been wholly cancelled, or is the registered holder of a licence that has been partly cancelled, on the ground that he has not complied with a provision of this Act or of the regulations, may be convicted of an offence by reason of his failure to comply with the provision, notwithstanding that the licence has been so cancelled. (3) A licence may be wholly cancelled or partly cancelled on the ground that the licensee has not paid an amount payable by him under this Act within a period of 3 months after the day on which the amount became payable, notwithstanding that judgment for the amount has been obtained or that the amount, or any part of the amount, has been paid or recovered. (4) A person who was the registered holder of a licence that has been wholly cancelled, or is the registered holder of a licence that has been partly cancelled on the ground that he has not paid an amount payable by him under this Act within a period of 3 months after the day on which the amount became payable, continues to be liable to pay that amount together with any additional amount payable by reason of late payment of that amount, notwithstanding that the licence has been so cancelled. 27. Removal of property etc. by licensee (1) Where a licence has been wholly cancelled or partly cancelled, or has expired, the Minister may, by instrument in writing served on the person who was, or is, as the case may be, the licensee, direct that person to do either or both of the following things — (a) remove or cause to be removed from the relinquished area all property, or any property specified in the instrument, that was brought into that area by any person engaged or concerned in the operations authorised by the licence or make arrangements that are satisfactory to the Minister for the removal or disposal of that property and to make good, to the satisfaction of the Minister, any damage to the relinquished area caused by the removal of the property; and (b) make good, to the satisfaction of the Minister, any damage to the relinquished area caused by any person engaged or concerned in those operations or caused by the removal of any property, pursuant to a direction referred to in paragraph (a), otherwise than in the manner specified in the direction. (2) The Minister may, by instrument in writing served on a licensee, direct him to do either or both of the following things — (a) remove or cause to be removed from the licence area all property or any property specified in the instrument, that was brought into that area by any person engaged or concerned in the operations authorised by the licence or make arrangements that are satisfactory to the Minister for the removal or disposal of that property and to make good, to the satisfaction of the Minister, any damage to the licence area caused by the removal of the property; and (b) make good, to the satisfaction of the Minister, any damage to the licence area caused by any person engaged or concerned in those operations or caused by the removal of any property, pursuant to a direction referred to in paragraph (a), otherwise than in the manner specified in the direction. (3) A direction under subsection (1)(a) or (2)(a) may specify the manner in which the property, or any of the property specified in the direction, shall be removed. (4) A person to whom a direction is given under either subsection (1) or (2) shall comply with the direction — (a) in the case of a direction given under subsection (1) —within the period specified in the instrument by which the direction was given; or (b) in the case of a direction given under subsection (2) —on or before the date of expiration of the licence. Penalty for an offence under subsection (4): a fine of $10 000. [Section 27 amended: No. 12 of 1990 s. 130; No. 42 of 2010 s. 182(3).] 28. Powers of Minister where direction not complied with (1) Where a licence has been wholly cancelled or partly cancelled, or has expired, and — (a) a direction referred to in section 27(1)(a) or (2)(a) for the removal of property from the relinquished area has not been complied with, the Minister may, by instrument published in the Government Gazette, direct that the owner or owners of the property shall remove it from that area within the period specified in the instrument and shall serve a copy of the instrument on each person whom he believes to be an owner of that property or part of that property; or (b) a direction referred to in section 27(1)(a) or (2)(a) for the removal of property from the relinquished area has been complied with, but any damage to the relinquished area or to the licence area, as the case may be, caused by the removal of the property has not been made good to the satisfaction of the Minister, the Minister may make good the damage in such manner as he thinks fit; or (c) a direction referred to in section 27(1)(b) or (2)(b) has not been complied with, the Minister may do all or any of the things required by the direction to be done. (2) Where any property has not been removed from the relinquished area in accordance with a direction under subsection (1)(a), the Minister may do all or any of the following things — (a) remove, in such manner as he thinks fit, all or any of that property from the relinquished area concerned; and (b) dispose of, in such a manner as he thinks fit, all or any of that property; and (c) if he has served a copy of the instrument by which the direction was given on a person whom he believed to be the owner of that property or part of that property, sell, by public auction or otherwise, as he thinks fit, all or any part of that property that belongs, or that he believes to belong, to that person. (3) The Minister may deduct from the proceeds of a sale under subsection (2) of property that belongs, or that he believes to belong, to a particular person — (a) all or any part of any costs and expenses incurred by him under that subsection in relation to that property; (b) all or any part of any costs and expenses incurred by him in relation to the doing of any thing required by a direction under section 27(1)(b) or (2)(b) to be done by that person; (c) all or any part of any fees or amounts due and payable under this Act by that person. (4) Costs and expenses incurred by the Minister under subsection (2) — (a) if incurred in relation to the removal, disposal or sale of property or the making good of damage caused by the removal of property, are a debt due by the owner of the property to the Crown; or (b) if incurred in relation to the doing of any thing required by a direction under section 27(1)(b) or (2)(b), are a debt due by the person to whom the direction was given to the Crown, and, to the extent to which they are not recovered under subsection (3), are recoverable in a court of competent jurisdiction. (5) Subject to subsection (4), no action lies in respect of the removal, disposal or sale of property under this section. 29. Licence fees (1) There is payable to the Minister by a licensee, in respect of each year of the term of a licence, a licence fee of the prescribed amount in respect of each kilometre or portion of a kilometre of the length of the pipeline on the first day of that year. (2) A fee referred to in subsection (1) is payable within one month after — (a) in the case of the first year of the term of the licence the day on which that term commenced; and (b) in the case of a year of the term of a licence other than the first — the anniversary of that day. [Section 29 amended: No. 94 of 1972 s. 4 (as amended: No. 42 of 1975); No. 10 of 1983 s. 4; No. 12 of 1990 s. 131.] 30. Penalty for late payment Where the liability of a licensee to pay a fee referred to in section 29 is not discharged at or before the time when the fee is payable, there is payable to the Minister by the licensee an additional amount calculated at the rate of one‑third of 1% per day upon the amount of the fee from time to time when the fee became payable until it is paid. 31. Fees and penalties debts due to the Crown A fee under section 29, or an amount payable under section 30, is a debt due by the licensee to the Crown and is recoverable in a court of competent jurisdiction. 32. Certain local laws not to apply to licensed pipelines The provisions of local laws made under the Local Government Act 1995 in relation to the following matters do not apply to or in respect of a pipeline the construction or operation of which is authorised by a licence — (a) the keeping, carrying, handling and storage of dangerous things; (b) the use, management and maintenance of thoroughfares. [Section 32 inserted: No. 36 of 2020 s. 327.] [Part IIA (s. 32A‑32H) deleted: No. 52 of 1995 s. 44.] Part III — Construction and operation of pipeline 33. Construction to be along authorised route A pipeline shall be constructed along the route authorised in the licence in respect of that pipeline, subject to deviation from that route within the limits of lateral deviation authorised by the Minister. 34. Construction to be in accordance with prescribed standards etc. (1) Notwithstanding any other requirements in this Part, a pipeline shall be constructed in accordance with such standards, specifications and conditions as are prescribed and such further standards, specifications and conditions as are stated or included in the licence in respect of that pipeline. (2) Where there is conflict between any standard or specification as prescribed and a standard or specification stated or included in the licence in respect of a pipeline, the latter prevails. 35. Pipelines to be operated continuously (1) Except with the consent in writing of the Minister and subject to compliance with such conditions, if any, as are specified in the instrument of consent, a licensee shall operate continuously the pipeline specified in his licence. Penalty: a fine of $50 000 or imprisonment for 5 years, or both. (2) It is not an offence against subsection (1) if the failure of the licensee to operate the pipeline continuously — (a) was in the ordinary course of operating the pipeline; or (b) was for the purpose of repairing or maintaining the pipeline; or (c) was in an emergency in which there was a likelihood of loss or injury. [Section 35 amended: No. 12 of 1990 s. 133; No. 42 of 2010 s. 182(13).] 36. Consent to commencement or resumption of pipeline operations (1) The Minister, on application in writing served on him — (a) by a licensee whose pipeline has not previously been in operation; or (b) by a licensee who has ceased to operate the pipeline specified in his licence, may, if he is of the opinion that the pipeline is fit to be operated, by instrument in writing served on the licensee, consent to the commencement or resumption, as the case may be, of operations. (2) A consent under subsection (1) may be given subject to such conditions, if any, as the Minister thinks fit and specifies in the instrument of consent. [Section 36 amended: No. 36 of 2020 s. 328.] 36A. Manner of operating pipelines A licensee shall operate the pipeline specified in the licence of which he is the registered holder in a proper and workmanlike manner. Penalty: a fine of $10 000. [Section 36A inserted: No. 28 of 1994 s. 70; amended: No. 13 of 2005 s. 21; No. 42 of 2010 s. 182(13).] 37. Waste or escape of substances from pipeline A licensee shall not permit or suffer the waste or escape of any substance from the pipeline specified in the licence of which he is the registered holder. Penalty: a fine of $10 000. [Section 37 amended: No. 12 of 1990 s. 134; No. 42 of 2010 s. 182(13).] 37A. Insurance requirements (1) A licensee must maintain, as directed by the Minister from time to time, insurance against expenses or liabilities or specified things arising in connection with, or as a result of, the carrying out of work, or the doing of any other thing, under the licence, including expenses of complying with directions with respect to the clean‑up or other remedying of the effects of the escape of petroleum. (2) Where — (a) a licence was in force immediately before the commencement of section 71 of the Acts Amendment (Petroleum) Act 1994; and (b) the Minister has required the registered holder to maintain insurance under subsection (1); and (c) the Minister is satisfied that the required insurance is in effect, the Minister shall issue a certificate to the effect that he is so satisfied. (3) Where the Minister issues a certificate under subsection (2), any security in force in relation to the licence, being a security that was required under this Act before the commencement of section 71 of the Acts Amendment (Petroleum) Act 1994, is discharged. (4) The discharge of a security under subsection (3) has no effect on any liability arising under or in relation to the security before its discharge. [Section 37A inserted: No. 28 of 1994 s. 71.] 38. Marking route of pipeline and maintenance etc. of property A licensee — (a) shall mark and keep marked in such manner as may be approved, the route of the pipeline specified in the licence of which he is the registered holder; and (b) shall maintain the pipeline in good condition and repair; and (c) shall remove from the licence area all structures, equipment and other property that are neither being used nor will be used in connection with the operation of the pipeline. Penalty: a fine of $10 000. [Section 38 amended: No. 12 of 1990 s. 135; No. 28 of 1994 s. 77; No. 42 of 2010 s. 182(13).] 39. Pipelines on agricultural land, licensee's duties (1) Where a pipeline enters or crosses agricultural land the licensee shall, at his expense, forthwith after the completion of the construction of that part of the pipeline that so enters or crosses, restore the land to enable it to be used as far as practicable for the purposes for which it was used immediately before that construction. (2) Where the licensee fails to restore the land, as required by subsection (1), a person entitled to an interest in the land may restore the land and recover from the licensee in any court of competent jurisdiction the expenses reasonably incurred in carrying out that restoration. (3) Any expenses so recovered do not affect any right to compensation that such person as is referred to in subsection (2) or any other person may have under this Act, in respect of that land. (4) The Minister may, at any time on the request of a person entitled to an interest in the land, include among the conditions of the licence such conditions as he considers necessary to ensure that the land is maintained in a suitable condition and that noxious weeds and vermin are controlled. 40. Pipelines crossing any water Where the route of a pipeline is such that the pipeline passes over or under any waters, the pipeline shall be constructed over or under those waters in such a manner — (a) that the construction will not affect or impede anything or anyone reasonably using those waters; and (b) that all reasonable steps are taken to avoid pollution of those waters. Penalty: a fine of $10 000. [Section 40 amended: No. 12 of 1990 s. 136; No. 42 of 2010 s. 182(13).] 41. Directions (1) The Minister may, by instrument in writing served on a licensee, give to the licensee direction as to any matter with respect to which regulations may be made under this Act. (2) A direction given under this section to a licensee applies to the licensee and may also be expressed to apply to — (a) a class of persons specified in the direction, being a class constituted by or included in one or both of the following classes of persons — (i) servants or agents of, or persons acting on behalf of, the licensee; (ii) persons performing work or services, whether directly or indirectly, for the licensee; or (b) any person (not being a person to whom the direction applies otherwise than in accordance with this paragraph) who is in the State for any reason touching, concerning, arising out of or connected with the construction, operation or maintenance of a pipeline, or is in, on, above, below or in the vicinity of a vessel, aircraft, structure or installation, or equipment or other property, that is in the State for a reason of that kind, and, where a direction so expressed is given, the direction shall be deemed to apply to each person included in that specified class or to each person who is in the State as mentioned in paragraph (b), as the case may be. (3) Where a direction under this section applies to a licensee and to a person referred in subsection (2)(a), the licensee shall cause a copy of the instrument by which the direction was given to be given to that other person or to be exhibited at a prominent position at a place in the State frequented by that other person. Penalty: a fine of $5 000. (4) Where a direction under this section applies to a licensee and to a person referred to in subsection (2)(b), the licensee shall cause a copy of the instrument by which the direction was given to be exhibited at a prominent position at a place in the State. Penalty: a fine of $5 000. (5) Where a direction under this section applies to a licensee and to a person referred to in subsection (2)(b), the Minister may, by notice in writing given to the licensee, require the licensee to cause to be displayed at such places in the State, and in such manner, as are specified in the notice, copies of the instrument by which the direction was given, and the licensee shall comply with that requirement. Penalty: a fine of $5 000. (6) A direction under this section has effect and shall be complied with notwithstanding any previous direction under this section. (7) Section 67(1a) and (1b) applies in relation to directions made under this section in like manner as that section applies to the regulations. (8) A direction under this section has effect and shall be complied with notwithstanding anything in the regulations. (9) A person to whom a direction is given, or to whom a direction is expressed to apply, shall comply with the direction. Penalty: a fine of $10 000. (10) Where — (a) a direction given under this section applies to a licensee and another person and that other person is prosecuted for an offence against subsection (9) in relation to that direction; and (b) the person adduces evidence that the person did not know, and could not reasonably be expected to have known, of the existence of the direction, the person shall not be convicted of the offence unless the prosecutor proves that the person knew, or could reasonably be expec