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Covering abandoned boreholes, shafts or outlets.
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18.—(1) (a) Where operations in connection with petroleum by any person, who is or was the licensee under a licence under this Part or the lessee under a petroleum lease, have been abandoned or discontinued and it appears to the Minister that any borehole shaft or outlet used in connection with those operations is in such a condition as to be likely to cause an accident, the Minister may serve by registered post on that person a notice requiring him, within a specified time, to cause the top or entrance of the borehole shaft or outlet to be covered or fenced so as to prevent accidents.
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(b) Where notice is served under paragraph (a) of this subsection and the person on whom the notice is served (in this subsection referred to as the defaulter) does not comply with the notice, the following provisions shall have effect—
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(i) the Minister may take such action as was required by the notice to be taken by the defaulter,
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(ii) the Minister may, for the purpose of exercising the powers conferred by subparagraph (i) of this paragraph, enter on any land,
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(iii) any expenses incurred by the Minister in exercise of the powers conferred by subparagraph (i) of this paragraph shall be recoverable by the Minister from the defaulter as a simple contract debt in any court of competent jurisdiction,
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(iv) where damage to the surface of land or to mineral deposits or to water supplies is caused directly or indirectly by exercising the powers conferred by subparagraph (i) or (ii) of this paragraph—
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(I) the Minister shall be liable to pay compensation for such damage, and the provisions of Chapter VII of this Part shall apply in respect of such compensation,
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(II) where the Minister pays compensation under clause (I) of this subparagraph, then, unless the damage in respect of which the compensation is payable was caused by his negligence, the Minister shall be entitled to recover as a simple contract debt in any court of competent jurisdiction from the defaulter a sum equal to the amount of such compensation,
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(v) where the Minister is entitled under subparagraph (iii) or (iv) of this paragraph to recover any sum from the defaulter, a certificate sealed with the official seal of the Minister and certifying the amount of that sum shall be prima facie evidence of the amount of that sum.
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(2) The Minister may authorise any person in writing to exercise for and on behalf of the Minister the powers conferred by subsection (1) of this section on the Minister, and, whenever the Minister so authorises any person, such person (in this section referred to as an agent of the Minister) may in the name and for and on behalf of the Minister exercise such powers.
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(3) If any person obstructs or interferes with an agent of the Minister in exercise of the powers conferred on such agent by virtue of the foregoing provisions of this section, such person shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding five pounds.
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(4) Nothing in this section contained shall exempt any person from any liability under any other Act or otherwise.
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