Part 1Preliminary
1Name of Act and commencement
(1)
This Act may be cited as the Pipelines Act
1967.
(2)
This Act shall commence on a day to be appointed
by the Governor and notified by proclamation published in the
Gazette.
2
s 2: Rep GG No 51 of
27.3.1986, p 1405.
3Definitions
(1)
In this Act, unless the context or subject-matter
otherwise indicates or requires—
apparatus or works
means—
(a)
structures for protecting or supporting a
pipeline,
(b)
storage tanks, loading terminals and works and
buildings used or to be used for purposes connected with or incidental to the
operation of a pipeline, and
(c)
any fixed equipment or machinery (including any
associated fittings and structures) used or to be used for purposes connected
with or incidental to the operation of a pipeline or connected with or
incidental to the use of any apparatus and works, as defined by paragraph (a)
or (b).
authority to survey
means an authority to enter lands and carry out surveys granted by the
Minister under Division 1 of Part 2.
Commonwealth Native Title
Act or NTA means the Native Title Act
1993 of the Commonwealth.
Crown lands means lands that
are subject to the Crown Lands Acts and are not—
(a)
the subject of an incomplete
purchase,
(b)
held as a homestead selection or a homestead
grant, or
(c)
held as a lease in perpetuity under the Crown
Lands Acts,
and includes lands dedicated to a public purpose under
the Crown Lands Acts, whether or not a folio of the Register kept under the
Real Property Act 1900 has been created
in respect thereof.
Crown Lands Acts means
the Acts for the time being in force relating to Crown lands.
cyber security
incident means acts, events or circumstances involving, or
likely to involve, 1 or more of the following—
(a)
unauthorised access to computer data or a
computer program,
(b)
unauthorised modification of computer data or a
computer program,
(c)
unauthorised impairment of electronic
communication to or from a computer,
(d)
unauthorised impairment of the availability,
reliability, security or operation of a computer, computer data or a computer
program.
Department means the
Department of Planning and Environment.
incomplete purchase
means a conditional purchase or a purchase by auction or other purchase of the
fee-simple from the Crown under the Crown Lands Acts in respect of which any
of the purchase money remains unpaid.
inspector means inspector
appointed under this Act.
land means—
(a)
land in fee-simple other than land referred to in
paragraph (b) or (d),
(b)
Crown lands,
(c)
an incomplete purchase and a homestead selection,
a homestead grant and a lease in perpetuity under the Crown Lands Acts,
and
(d)
land (not being Crown lands) owned by or vested
in a person on behalf of the Crown or a public
authority.
licence means a licence granted
by the Minister under Part 3.
licence area, in relation
to a licence, means the lands specified in the licence as being the licence
area.
licensee means the registered
holder of a licence.
owner—
(a)
in relation to land other than Crown lands or
lands owned by or vested in a person on behalf of 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 or is the holder of a homestead selection or a homestead
grant,
(ii)
is the purchaser under an incomplete purchase,
the holder of a lease in perpetuity under the Crown Lands Acts or a person
(not being the purchaser under an incomplete purchase) to whom a person on
behalf of the Crown, or a public authority, has lawfully contracted to convey
or transfer the fee-simple,
(iii)
is entitled to receive, or is in receipt of, or
if the land were let to a tenant would be entitled to receive, the rents and
profits thereof, whether as beneficial owner, trustee, mortgagee in
possession, or otherwise,
(b)
in relation to Crown lands and lands (not being
lands specified in a contract referred to in paragraph (a) (ii)) owned by or
vested in a person on behalf of the Crown, means the Crown or that person,
and
(c)
in relation to lands (not being lands specified
in a contract referred to in paragraph (a) (ii)) owned by or vested in a
public authority, means that authority, and
(d)
means any native title holder within the meaning
of the Commonwealth Native Title Act.
partly cancelled, in
relation to a licence, means cancelled as to part of the pipeline or some of
the apparatus or works 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) that has been returned to a natural reservoir.
pipeline means a pipe or
system of pipes for the conveyance of any substance, whether in a gaseous,
liquid or solid state but does not include a pipe or system of pipes for the
conveyance of petroleum within the adjacent area, as defined in the Petroleum (Offshore) Act
1982.
pipeline committee
means a committee appointed under section 5C.
public authority
means—
(a)
the Hunter Water Corporation, New South Wales
Land and Housing Corporation, Rail Corporation New South Wales, Sydney Metro,
Sydney Trains, NSW Trains, Residual Transport Corporation of New South Wales,
Transport for NSW, State Transit Authority, Water NSW, Sydney Water
Corporation or Water Administration Ministerial Corporation,
or
(b)
a council, county council or joint organisation
within the meaning of the Local Government Act
1993, or
(c)
any body declared by the Minister, by order
published in the Gazette, to be a public authority for the purposes of this
Act.
register means the register
referred to in section 41.
registered holder
means the person whose name is for the time being shown in the register as
being the holder of a licence.
Secretary means the Secretary
of the Department.
the relinquished
area means—
(a)
in relation to a licence that has expired or been
wholly cancelled—the licence area, and
(b)
in relation to a licence that has been partly
cancelled—the part of the licence area in which is situated the part of
the pipeline or the apparatus or works as to which the licence was partly
cancelled.
wholly cancelled, in
relation to a licence, means cancelled as to the whole of the pipeline and all
of the apparatus or works the subject of the licence.
Note—
The Interpretation Act
1987 contains definitions and other provisions that affect
the interpretation and application of this Act.
(1A)
In this Act—
(a)
a reference to a function includes a reference to
a power, authority and duty, and
(b)
a reference to the exercise of a function
includes, where the function is a duty, a reference to the performance of the
duty.
(2)
A reference in this Act to a pipeline on any land
includes a reference to a pipeline in, under, through, across or above the
surface of the land.
(3)
In this Act, a reference to the term of a licence
is a reference to the period during which the licence remains in force and a
reference to the date of expiration of a licence is a reference to the day on
which the licence ceases to be in force.
(4), (5)
(6)
In this Act, a reference to a pipeline includes a
reference to part of a pipeline.
(7)
Unless the context or subject-matter otherwise
indicates or requires, a reference in this Act—
(a)
to a pipeline includes a reference to any
apparatus or works constructed, installed or used or to be constructed,
installed or used for purposes connected with or incidental to the operation
of the pipeline, and
(b)
to the construction of a pipeline includes a
reference to the installation of any such apparatus or
works.
(7A)
(8)
In this Act, a reference to a licence includes a
reference to the licence as varied for the time being under this
Act.
(9)
Notes included in this Act are explanatory notes
and do not form part of this Act.
s 3: Am 1973 No 86,
sec 3 (a); 1977 No 17, Sch 1; 1980 No 196, Sch 1; 1982 No 23, sec 3 (3); 1985
No 217, Schs 1 (1), 2 (1), 4 (1); GG No 51 of 27.3.1986, p 1405; 1986 No 205,
Sch 2; 1987 No 203, Sch 2; 1989 No 135, Sch 1; 1991 No 53, Sch 1; 1994 No 45,
Sch 1; 1994 No 82, Sch 4 (1); 1994 No 88, Sch 7; 1995 No 11, Sch 1.91 [1];
1995 No 13, Sch 4.20 [1]; 1996 No 56, Sch 2.13 [1]; 1998 No 145, Sch 5.12 [1]
[2]; 2000 No 89, Sch 2.4; 2000 No 102, Sch 3.7; 2003 No 96, Sch 3.11; 2004 No
40, Sch 3.10; 2006 No 35, Sch 1 [1]–[11]; 2007 No 22, Sch 5.7; 2007 No
27, Sch 1.41; 2008 No 115, Sch 2.3; 2010 No 31, Sch 4.3; 2011 No 41, Sch 5.33;
2014 No 74, Sch 3.22; 2014 No 88, Sch 2.52 [2] [3]; 2017 No 12, Sch 1.13; 2017
No 17, Sch 4.72; 2017 No 22, Sch 4.33 [1]; 2017 No 65, Sch 2.22; 2018 No 18,
Sch 2.13; 2020 No 30, Sch 4.66[1] [2]; 2021 No 34, Sch 5[1].
4Delegation of functions
(1)
The Minister may delegate to the Secretary the
Minister’s functions under this Act other than—
(a)
this power of delegation, and
(b)
any of the Minister’s functions under
sections 5, 5A, 14, 15, 19, 21, 21A, 30, 32, 33, 33A and
58A.
(2)
The Secretary may sub-delegate to an authorised
person any of the functions delegated to the Secretary by the Minister under
this section unless the Minister otherwise provides in the instrument of
delegation to the Secretary.
(3)
The Secretary may delegate to an authorised
person any of the Secretary’s functions under this Act, other than this
power of delegation.
(4)
In this section, authorised person
means—
(a)
a Public Service employee, or
(b)
the holder of a particular statutory or public
office.
s 4: Subst 2006 No
35, Sch 1 [12]. Am 2017 No 22, Sch 4.33 [2].
4A
s 4A: Ins 1985 No
217, Sch 1 (2). Rep 2006 No 35, Sch 1 [13].
5Application of Act
(1)
Subject to section 5A, nothing in this Act
requires a person to hold a licence in respect of—
(a)
a pipeline constructed or to be constructed
under, or under an approval or other authority granted under, any Act, other
than this Act or the Environmental Planning and Assessment
Act 1979,
(b)
a pipeline constructed or to be constructed by a
public authority,
(c)
a pipeline constructed or to be constructed on
land used for residential, business, commercial or industrial purposes,
designed for use solely for the residential, business, commercial or
industrial purposes carried on on that land and situated wholly within the
boundaries of that land,
(d)
a pipeline constructed or to be constructed for
the purpose of the supply of water (including for irrigation), the drainage of
land or the conveyance of waste water, mine water, aqueous slurries of
minerals, mineral concentrates or mineral tailings,
(e)
a pipeline of the prescribed class, constructed
or to be constructed for the conveyance of dangerous goods within the meaning
of the Dangerous Goods (Road and Rail
Transport) Act 2008,
(f)
a pipeline constructed or to be
constructed—
(i)
for returning petroleum to a natural
reservoir,
(ii)
for conveying petroleum for use for the purposes
of petroleum exploration operations or operations for the recovery of
petroleum,
(iii)
for conveying petroleum that is to be flared or
vented,
(g)
a pipeline, or a pipeline belonging to a class,
for the time being declared by a notification under subsection (2) or by such
a notification, as varied by a notification under subsection (9), to be a
gathering line, or
(h)
a pipeline, or a pipeline belonging to a class,
for the time being declared by a notification under subsection (4) or by such
a notification, as varied by a notification under subsection (9), to be a
pipeline in respect of which a person is not required to hold a
licence,
but nothing in this section prevents a person from
making any application under this Act in respect of any such pipeline or
apparatus or works or from being granted and holding a licence in respect of
the construction or operation of such a pipeline.
(2)
Where the Minister is satisfied that any pipeline
is, or any pipelines belonging to a class are, constructed or to be
constructed for conveying petroleum from a well to another pipeline that is
used or to be used for conveying petroleum from another well or other wells,
he or she may, by a notification published in the Gazette, declare that
pipeline to be a gathering line or pipelines belonging to that class to be
gathering lines.
(3)
(4)
The Minister may, by notification published in
the Gazette, declare any pipeline, or any pipeline of a class, specified in
the notification to be a pipeline in respect of which a person is not required
to hold a licence.
(5)
(6)
A reference in subsection (1) (a) or (b) to a
pipeline does not include a reference to a pipeline constructed or used or to
be constructed or used by a network operator, within the meaning of the
Gas Supply Act 1996, where the pipeline
is or is to be used principally for the conveyance of gas otherwise than for
the purpose of reticulating it directly to consumers.
(7)
In subsection (1) (e), a pipeline of the
prescribed class means a pipeline of a length of less than
10 kilometres or of such other length as may, for the time being, be specified
in the notification under subsection (8) or in such a notification, as varied
by a notification under subsection (9).
(8)
The Minister may, by a notification published in
the Gazette, specify for the purposes of subsection (7) a length other than 10
kilometres.
(9)
The Minister may vary or revoke a notification
under this section by another notification published in the
Gazette.
s 5: Am 1974 No 51,
Sch; 1975 No 68, Sch 2; 1977 No 17, Sch 1; 1985 No 217, Sch 2 (2); 1986 No
215, Sch 1; 1996 No 38, Sch 1.10; 2003 No 38, Sch 2.18; 2006 No 35, Sch 1
[14]–[22]; 2008 No 95, Sch 2.7.
5AMinister may require certain pipelines to be
licensed
(1)
This section applies to—
(a)
any prescribed pipeline, and
(b)
any pipeline of a prescribed
class,
being a pipeline of a kind referred to in section 5 (1)
(a)–(h).
(2)
The Minister may, by order published in the
Gazette, declare that section 5 does not apply to such pipeline, being a
pipeline to which this section applies, as may be specified in the
order.
(3)
An order under subsection (2) takes effect
on—
(a)
the date specified in the order,
or
(b)
if the order does not specify a date—the
date the order is published in the Gazette.
s 5A: Ins 1985 No
217, Sch 2 (3). Am 2021 No 34, Sch 5[2]; 2022 No 26, Sch
2.24.
5BInformation concerning unlicensed
pipelines
(1)
This section applies to—
(a)
any prescribed pipeline, and
(b)
any pipeline of a prescribed
class,
being a pipeline of a kind referred to in section 5 (1)
(a)–(h).
(2)
The Minister may, by order in writing served on
any person by whom a pipeline to which this section applies is operated,
require the person to furnish the Minister with such information relating to
the design, construction, operation and maintenance of the pipeline as may be
specified in the order.
(3)
A person on whom an order under subsection (2) is
served shall not—
(a)
fail to comply with the order,
or
(b)
in purported compliance with the order, furnish
information that is false or misleading in a material
particular.
Maximum penalty—
(a)
for a corporation—2,000 penalty units,
or
(b)
for an individual—400 penalty
units.
s 5B: Ins 1985 No
217, Sch 2 (3). Am 1992 No 112, Sch 1; 2021 No 34, Sch 5[3].
Part 3Licences
11Construction and operation of
pipelines
(1)
A person shall not—
(a)
commence, or continue, the construction of a
pipeline, or
(b)
alter or reconstruct a
pipeline,
unless the person is, or is acting on behalf of, the
registered holder of a licence and the activity is in pursuance of the
licence.
(2)
A person shall not operate a
pipeline—
(a)
unless the person is, or is acting on behalf of,
the registered holder of a licence and the operation is in pursuance of the
licence, and
(b)
unless he or she has obtained the consent of the
Minister under section 25 to the commencement or resumption, as the case may
be, of the operations and commences or resumes the operations and thereafter
operates the pipeline in accordance with the conditions, if any, to which the
instrument of consent is for the time being
subject.
(2A)
Without limiting subsection (2), a person must
not operate a pipeline whose construction is commenced or completed under, or
under an authority granted under, an Act of the Commonwealth unless the person
is, or is acting on behalf of, the registered holder of a licence under this
Act and the operation is in pursuance of that licence.
(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 or 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 or her
by the Minister, or
(b)
if a person does an act in compliance with a
direction under this Act or the regulations.
Maximum penalty—
(a)
for a corporation—2,000 penalty units,
or
(b)
for an individual—400 penalty
units.
s 11: Am 1973 No 86,
sec 3 (h); 1977 No 17, Sch 1; 1985 No 217, Sch 3 (1); 1992 No 112, Sch 1; 1994
No 82, Sch 4 (2); 2006 No 35, Sch 1 [30]–[32]; 2021 No 34, Sch
5[4].
12Application for licence
Any person who proposes to construct a pipeline
may apply to the Minister for a licence.
s 12: Am 1977 No 17,
Sch 1; 1985 No 217, Sch 2 (9); 1991 No 94, Sch 1; 1994 No 82, Sch 4 (3). Subst
2006 No 35, Sch 1 [33].
13Manner of making applications for
licences
(1)
An application under section 12—
(a)
is to be in a form approved by the
Minister,
(b)
shall be made in the prescribed
manner,
(c)
shall be accompanied by particulars
of—
(i)
the design and construction of the proposed
pipeline,
(ii)
the size and capacity of the proposed
pipeline,
(iii)
the substance intended to be conveyed through 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 or her employees,
(vi)
the technical advice available to the
applicant,
(vii)
the financial resources available to the
applicant,
(d)
shall be accompanied by a plan, drawn in the
prescribed manner—
(i)
showing the location of—
(a)
the route of the proposed
pipeline,
(b)
the situation of any proposed apparatus or works,
and
(c)
the lands (if any) proposed to be used for the
purpose of gaining access to the proposed pipeline or proposed apparatus or
works, and
(ii)
on which shall be identified the lands or
easements over lands referred to in paragraph (f),
(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 or her of, or of easements over, the lands shown in the
plan referred to in paragraph (d),
(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, and particulars of the lands, and of
easements over lands, in respect of which no agreement for acquisition by the
applicant has been reached, for the purpose of constructing and operating the
proposed pipeline or gaining access to the proposed
pipeline,
(g)
shall be accompanied by copies of the
notification caused to be published by the applicant in accordance with the
provisions of subsection (3),
(ga)
must be accompanied by evidence that the
applicant has complied with any requirement on the applicant under subsection
(4) to serve a copy of a notification on a public
authority,
(h)
may set out any other matters that the applicant
wishes the Minister to consider, and
(i)
shall be accompanied by the prescribed
fee.
(1A)
(2)
The applicant must, if required to do so by
notice in writing served on the applicant by the Minister,
furnish—
(a)
to the Minister, and
(b)
to each public authority (if any) on which the
applicant was required, under subsection (4), to serve a copy of a
notification under subsection (3),
within the time specified in the notice, further
information in writing in connection with the application, as required by the
notice.
(3)
Not less than 7 days before making an application
under section 12, the applicant must cause a notification, setting out
particulars of the proposed application, to be published in a manner approved
in writing by the Minister having regard to the object of bringing
notifications of that kind to the attention of members of the
public.
(4)
If the regulations so require, a copy of the
notification under subsection (3) must be served by the applicant on such
public authorities as may be prescribed within such period as may be
prescribed.
s 13: Am 1973 No 86,
sec 3 (i); 1977 No 17, Sch 1; 1979 No 205, Sch 2, Part 1; 1985 No 217, Sch 4
(2); GG No 51 of 27.3.1986, p 1405; 1994 No 82, Sch 4 (4); 2006 No 35, Sch 1
[34]–[39]; 2018 No 25, Sch 2.24 [1].
13AAmendment of application for licence by inclusion or
exclusion of lands
(1)
In this section, minor variation, in
relation to an area in respect of which an application for a licence is
pending, means a variation of that area by including in that area additional
lands, being a variation which the Minister is satisfied is for the purpose
only of making a minor variation of—
(a)
the route of the proposed
pipeline,
(b)
the situation of any proposed apparatus or works,
or
(c)
the lands (if any) proposed to be used for the
purpose of gaining access to the proposed pipeline or the proposed apparatus
or works.
(2)
Where an application made under section 12 is
pending, the applicant may, by instrument in writing served on the Minister,
make to the Minister an application (in this section referred to as a further
application) to amend the application for the licence by
varying the area in respect of which that application was made so
as—
(a)
to include additional lands in that
area,
(b)
to exclude lands from that area,
or
(c)
both to include additional lands in and to
exclude lands from that area.
(3)
A further application shall—
(a)
be in a form approved by the
Minister,
(b)
include particulars of the proposed
variation,
(c)
specify the reasons for the proposed variation,
and
(d)
be accompanied by the prescribed fee (if
any).
(4)
Where a further application is for a variation
(not being a minor variation) of the area in respect of which an application
for a licence has been made by including additional lands in the area, the
further application, in addition to complying with the requirements of
subsection (3)—
(a)
shall be accompanied by a plan, drawn in the
prescribed manner, which shows the locations of—
(i)
any proposed variation of the route of the
proposed pipeline,
(ii)
any proposed variation of the situation of any
proposed apparatus or works, and
(iii)
any proposed variation of the lands proposed to
be used for the purpose of gaining access to the proposed pipeline or any
proposed apparatus or works,
and on which there shall be identified the lands, or
easements over lands, referred to in paragraph (c),
(b)
shall be accompanied by particulars of any
agreements entered into, or proposed to be entered into, by the applicant for
the acquisition by him or her of, or of easements over, the additional lands
shown in the plan referred to in paragraph (a),
(c)
shall specify particulars of the additional
lands, or of the easements over the additional lands, acquired or agreed to be
acquired or in respect of which no agreement for acquisition by the applicant
has been reached,
(d)
shall be accompanied by copies of the
notification caused to be published by the applicant in accordance with
subsection (7),
(da)
must be accompanied by evidence that the
applicant has complied with any requirement on the applicant under subsection
(8) to serve a copy of a notification on a public authority,
and
(e)
may set out any other matters that the applicant
wishes the Minister to consider.
(5)
Where a further application is for a minor
variation of the area in respect of which the application was made, the
further application, in addition to complying with the requirements of
subsection (3)—
(a)
shall be accompanied by a plan, drawn in the
prescribed manner, which shows the locations on the additional lands
of—
(i)
any proposed variation of the route of the
proposed pipeline,
(ii)
any proposed variation of the situation of any
proposed apparatus or works, and
(iii)
any proposed variation of the lands proposed to
be used for the purpose of gaining access to the proposed pipeline or any
proposed apparatus or works,
and on which there shall be identified the lands, or
easements over lands, referred to in paragraph (c),
(b)
shall be accompanied by particulars of any
agreement entered into, or proposed to be entered into, by the applicant for
the acquisition by him or her of, or of easements over, the additional lands
shown in the plan referred to in paragraph (a),
(c)
shall specify particulars of the additional
lands, or of the easements over the additional lands, acquired or agreed to be
acquired or in respect of which no agreement for acquisition by the applicant
has been reached, and
(d)
may set out any other matters that the applicant
wishes the Minister to consider.
(6)
Where a further application is for the variation
of the area in respect of which the application was made by excluding lands
from that area, the further application, in addition to complying with the
requirements of subsection (3), shall be accompanied by a plan, drawn in the
prescribed manner, which shows the location on the lands within the area of
the lands proposed to be excluded.
(7)
Not less than 7 days before making a further
application for a variation (other than a minor variation) of the area in
respect of which the application is made by including additional lands in that
area, the applicant must cause a notification, setting out particulars of the
proposed further application, to be published in a manner approved in writing
by the Minister having regard to the object of bringing notifications of that
kind to the attention of members of the public.
(8)
If the regulations so require, a copy of a
notification under subsection (7) must be served by the applicant on such
public authorities as may be prescribed within such period as may be
prescribed.
(9)
The applicant must, if required to do so by
notice in writing served on the applicant by the Minister,
furnish—
(a)
to the Minister, and
(b)
to each public authority (if any) on which the
applicant was required, by subsection (8), to serve a copy of a notification
under subsection (7),
within the time specified in the notice, further
information in writing in connection with the application, as required by the
notice.
(10)
The Minister—
(a)
shall give notice of a further application for a
minor variation of the area in respect of which the application was made to
any person who is the owner or occupier of any land that may be affected by
the further application,
(b)
may give to such persons, if any, as he or she
thinks fit notice of a further application for a minor variation of the area
in respect of which the application was made or for a variation of that area
by excluding lands from it, and
(c)
shall specify in any such notice a period within
which each person to whom notice is so given may submit to the Minister in
writing any matters that he or she wishes to be considered in connection with
the further application.
(11)
Where, with respect to a further application
which is for the variation of the area in respect of which an application for
a licence has been made by including in that area additional lands, the
Minister is satisfied that the further application was made and submitted in
compliance with such of the provisions of this section as are applicable to
the further application (except so far as he or she is satisfied that any
non-compliance with such of the provisions of subsections (3), (4), (5) and
(9) as are applicable to the further application is not materially
significant), he or she shall cause—
(a)
the application for the licence to be amended in
the manner applied for,
(b)
in the case of an application under section 12,
the plan which accompanied the application for the licence in accordance with
section 13 (1) (d) to be amended in such manner as may be indicated or
warranted by reference to the plan accompanying the further application in
accordance with subsection (4) (a) or (5) (a) or, if the case so requires, to
be replaced by that plan, and
(c)
such amendments to be made to the other documents
accompanying the application for the licence in accordance with section 13 as
may be necessary or appropriate having regard to the further application and
the documents accompanying it in accordance with this
section,
and thereupon the lands specified in the application
shall, for the purposes of this Act, be deemed to include the additional lands
to which the further application relates.
(12)
Where, with respect to a further application
which is for the variation of the area in respect of which an application for
a licence has been made by excluding lands from that area, the Minister is
satisfied that the further application was made and submitted in compliance
with such of the provisions of this section as are applicable to the further
application (except so far as he or she is satisfied that any non-compliance
with such of the provisions of subsections (3), (6) and (9) as are applicable
to the further application is not materially significant), he or she shall
cause—
(a)
the application for the licence to be amended in
the manner applied for,
(b)
in the case of an application under section 12,
the plan which accompanied the application for the licence in accordance with
section 13 (1) (d) to be amended in such manner as may be indicated or
warranted by reference to the plan accompanying the further application in
accordance with subsection (6) or, if the case so requires to be replaced by
that plan, and
(c)
such amendments to be made to the other documents
accompanying the application for the licence in accordance with section 13 as
may be necessary or appropriate having regard to the further
application,
and thereupon the lands specified in the application
shall, for the purposes of this Act, be deemed not to include the lands to
which the further application relates.
(13)
Where a further application is for the variation
of the area in respect of which an application for a licence has been made for
the purpose of both including additional lands in, and excluding lands from,
that area—
(a)
such of the provisions of this section as are
applicable to an application for the variation of an area in respect of which
an application has been made for the purpose of including additional lands in
that area shall apply to and in respect of so much of the further application
as relates to the variation of the area for the purpose of including
additional lands in that area, and
(b)
such of the provisions of this section as are
applicable to an application for the variation of an area in respect of which
an application has been made for the purpose of excluding lands from that area
shall apply to and in respect of so much of the further application as relates
to the variation of the area for the purpose of excluding lands from that
area.
(14)
Where the Minister is not satisfied as referred
to in subsection (11) or (12), he or she shall refuse the further application
and shall thereupon notify the applicant of that refusal and of the reasons
for it.
(15)
Where a further application is refused, the whole
of the fee (if any) referred to in subsection (3) (d), or such part of it as
the Minister determines, shall be refunded to the
applicant.
s 13A: Ins 1977 No
17, sec 3 (a). Am 1979 No 205, Sch 2, Part 1; GG No 51 of 27.3.1986, p 1405;
1994 No 82, Sch 4 (5); 2006 No 35, Sch 1 [40]–[48]; 2018 No 25, Sch 2.24
[2].
13BAmendment of application for licence in other
cases
(1)
Where an application made under section 12 is
pending, the applicant may, by instrument in writing served on the
Minister—
(a)
amend any of the particulars referred to in
paragraph (c) of section 13 (1) which accompanied the application pursuant to
that paragraph, or substitute for any of those particulars new
particulars,
(b)
alter—
(i)
the route of the proposed pipeline,
or
(ii)
the situation of any proposed apparatus or
works,
but only if the area in respect of which the application
is made is not proposed to be varied by the inclusion of additional lands in,
or the exclusion of lands from, that area,
(c)
where particulars of any agreement referred to in
paragraph (e) of section 13 (1) accompanied the application pursuant to that
paragraph and that agreement has been varied or rescinded, or has been
superseded by another agreement, amend those particulars by providing
particulars of the variation, rescission or other agreement, as the case may
be, or
(d)
amend any matter set out in the application
pursuant to section 13 (1) (h) or substitute for that matter any new
matter.
(2)
An instrument in writing relating to the
alteration of the route of a proposed pipeline or of the situation of any
proposed apparatus or works shall be accompanied by a plan showing the route
or situation as altered, and on the service of that plan on the Minister, he
or she shall cause the plan which accompanied the application in accordance
with section 13 (1) (d) to be amended in such manner as may be indicated or
warranted by reference to the first-mentioned plan or, if the case so
requires, to be replaced by that first-mentioned plan.
(3)
If the regulations so require, a copy of an
instrument served on the Minister under subsection (1) must be served by the
applicant on such public authorities as may be prescribed within such period
as may be prescribed.
(4)
The applicant must, if required to do so by
notice in writing served on the applicant by the Minister,
furnish—
(a)
to the Minister, and
(b)
to each public authority (if any) on which the
applicant was required, by subsection (3), to serve a copy of an instrument
under subsection (1),
within the time specified in the notice, further
information in writing in connection with the application, as required by the
notice.
s 13B: Ins 1977 No
17, sec 3 (a). Am 1979 No 205, Sch 2, Part 1; GG No 51 of 27.3.1986, p 1405;
1994 No 82, Sch 4 (6); 2006 No 35, Sch 1 [49] [50].
14Grant of licence
(1)
If the Minister is satisfied that—
(a)
an application for a licence has been made in
compliance with section 13 (or if there was a non-compliance, it was in
respect of a requirement of section 13 (1) or (2) and was not material),
and
(b)
if that application was amended, the application
for the amendment was made in compliance with section 13A (or if there was a
non-compliance, it was in respect of a requirement of section 13A (3), (4),
(5) or (9) and was not material), and
(c)
if an instrument has been served on the Minister
under section 13B, the instrument complied with section 13B,
and
(d)
the lands, or the easements, specified in the
application for the licence—
(i)
are vested in the applicant,
or
(ii)
are available, in accordance with section 22, for
compulsory acquisition, and
(e)
the applicant has made provision, or given
security in addition to any other security required by this Act, for the
payment—
(i)
of compensation and any interest payable in
respect of any lands, or easements, that are available for compulsory
acquisition, and
(ii)
of all charges and expenses necessary for or
incidental to the compulsory acquisition of those lands or
easements,
the Minister may grant a licence in relation to the
lands, including those the subject of easements, specified in the application
or such of those lands as he or she thinks fit.
(2)
The Minister may refuse an application for a
licence, but only if the Minister has—
(a)
given the applicant at least one month’s
written notice of his or her intention to refuse the application,
and
(b)
served a copy of the notice on such other
persons, if any, as he or she thinks fit, and
(c)
in the notice—
(i)
given particulars of the reasons for the
intention, and
(ii)
specified a period within which the applicant or
a person on whom a copy of the notice is served may make written submissions
to the Minister with respect to the application,
and
(d)
taken into account any written submissions made
to the Minister within the specified period.
(3)
If an application for a licence is refused, the
whole, or such part as the Minister determines, of the fee referred to in
section 13 (1) (i) is to be refunded to the applicant.
s 14: Am 1973 No 86,
sec 3 (j); 1977 No 17, sec 3 (b), Sch 1; 1994 No 82, Sch 4 (7). Subst 2006 No
35, Sch 1 [51].
15Conditions of licence
(1)
A licence is subject to the following
conditions—
(a)
the conditions imposed by this Act and the
regulations,
(b)
conditions, not inconsistent with conditions
imposed under paragraph (a), imposed on the licence by the
Minister.
(2)
Without limiting the generality of subsection
(1), the conditions referred to in that subsection may include conditions that
the licensee shall—
(a)
within such time as may be specified in a notice
in writing given to him or her by the Minister and before commencing the
construction of the pipeline specified in the licence, lodge with the Minister
security in such amount and in such form as may be specified in the
notice,
(b)
complete the construction of, and, subject to
section 11 (2) (b), commence to operate, the pipeline within the period
specified in the licence,
(c)
make provision for, or give security in addition
to any other security required by this Act to the satisfaction of the Minister
for, the payment of all charges and expenses referred to in section 20 (2)
(b),
(d)
take such measures as the Minister may, by notice
in writing given to the licensee, require within the time specified in the
notice with respect to the conservation and protection of the flora, fauna,
fish, fisheries and scenic attractions, and features of architectural,
archaeological, historical or geological interest and the reinstatement,
levelling, regrassing, reforesting and contouring of any lands which may be
damaged or deleteriously affected by the licensee, and
(e)
comply with any requirement the Registrar-General
may, by notice in writing given to the licensee, make in respect of the
registration of the plan, and the recording of any instrument, referred to in
section 20.
s 15: Subst 1973 No
86, sec 3 (k). Am 1977 No 17, Sch 1; 2006 No 35, Sch 1 [52]; 2021 No 34, Sch
5[5].
16Cyber security requirements
(1)
The regulations may make provision for the
following—
(a)
the adoption and implementation by a licensee of
policies and procedures for managing cyber security risks and responding to
cyber security incidents,
(b)
the external review and accreditation of a
licensee’s policies and procedures for managing cyber security risks and
responding to cyber security incidents.
(2)
Without limiting subsection (1), the regulations
may require a licensee’s policies and procedures to address the
following matters—
(a)
notifying the Secretary of cyber security
incidents,
(b)
the process for auditing the licensee’s
implementation and compliance with the policies and procedures, including
reporting the audit result to the Secretary.
s 16: Subst 1973 No
86, sec 3 (k). Am 1977 No 17, Sch 1; 1979 No 205, Sch 2, Part 1; GG No 51 of
27.3.1986, p 1405. Rep 2006 No 35, Sch 1 [53]. Ins 2021 No 34, Sch
5[6].
16ACyber security directions
(1)
The Minister may, by written order, give a
direction (a cyber security
direction) to a licensee requiring the licensee to take
action the Minister considers reasonably necessary to—
(a)
respond to the impact of a cyber security
incident on the licensee’s information technology systems,
or
(b)
prevent a cyber security incident having an
impact on the licensee’s information technology
systems.
(2)
A cyber security direction—
(a)
has effect for the period specified in the
direction, and
(b)
may be varied or revoked by a subsequent
direction under this section.
(3)
A person given a cyber security direction must
comply with the direction.
Maximum penalty—
(a)
for a corporation—2,000 penalty units,
or
(b)
for an individual—100 penalty
units.
s 16A: Ins 2021 No
34, Sch 5[6].
16BLicence conditions—cyber
security
It is a condition of a licence that the licensee
must—
(a)
adopt and implement policies and procedures that
comply with the regulations made under section 16, and
(b)
comply with a cyber security direction given
under section 16A.
s 16B: Ins 2021 No
34, Sch 5[6].
17Duration, review and effect of licence
(1)
A licence comes into force on the day specified
for the purpose in the licence and remains in force until it is cancelled or
surrendered.
(1A)
The Minister may review a licence at intervals of
not less than 21 years, with the first review of a licence commencing after
the twenty-first anniversary of the issue of the
licence.
(2)
A licence, while it remains in force, authorises
the licensee, subject to the conditions to which the licence was granted, to
enter the lands specified in the licence and, in so far as his or her estate
or interest in those lands permits him or her so to do—
(a)
to commence or continue the construction of a
pipeline thereon,
(b)
to alter or reconstruct a pipeline
thereon,
(c)
to operate a pipeline thereon,
and
(d)
to inspect and maintain a pipeline
thereon.
(3)
Nothing in subsection (2) (c) affects the
operation of section 11 (2) (b).
s 17: Subst 1973 No
86, sec 3 (k). Am 1977 No 17, Sch 1; 2006 No 35, Sch 1 [54].
18Variation of licence area
(1)
In this section, minor variation, in
relation to a licence area, means a variation of that licence area by
including therein additional lands, being a variation which the Minister is
satisfied is for the purpose only of making a minor variation of—
(a)
the route of the pipeline,
(b)
the situation of any apparatus or works,
or
(c)
any means of gaining access to the pipeline or
any apparatus or works.
(2)
A licensee may, at any time, apply to the
Minister in writing for a variation of the licence area—
(a)
by including therein additional
lands,
(b)
by excluding lands therefrom,
or
(c)
by including therein additional lands and by
excluding lands therefrom.
(3)
An application under this section—
(a)
(b)
shall be accompanied by particulars of the
proposed variation,
(c)
shall specify the reasons for the proposed
variation, and
(d)
shall be accompanied by the prescribed
fee.
(4)
Where an application under this section is an
application for a variation (not being a minor variation) of the licence area
by including therein additional lands, the application, in addition to
complying with the requirements of subsection (3)—
(a)
shall be accompanied by a plan, drawn in the
prescribed manner—
(i)
showing the location of—
(a)
any proposed variation of the route of the
pipeline,
(b)
any proposed variation of the situation of any
apparatus or works, and
(c)
any proposed variation of the means of gaining
access to the pipeline or any apparatus or works,
and
(ii)
on which shall be identified the lands or
easements over lands referred to in paragraph (c),
(b)
shall be accompanied by particulars of any
agreements entered into, or proposed to be entered into, by the applicant for
the acquisition by him or her of, or of easements over, the additional lands
shown in the plan referred to in paragraph (a),
(c)
shall specify particulars of the additional
lands, or of the easements over the additional lands, acquired or agreed to be
acquired or in respect of which no agreement for acquisition by the applicant
has been reached,
(d)
shall be accompanied by copies of the
notification caused to be published by the applicant in accordance with the
provisions of subsection (7),
(da)
must be accompanied by evidence that the
applicant has complied with any requirement on the applicant under subsection
(8) to serve a copy of a notification on a public authority,
and
(e)
may set out any other matters that the applicant
wishes the Minister to consider.
(5)
Where an application under this section is an
application for a minor variation of the licence area, the application, in
addition to complying with the requirements of subsection (3)—
(a)
shall be accompanied by a plan, drawn in the
prescribed manner, showing the location on the additional lands
of—
(i)
any proposed variation of the route of the
pipeline,
(ii)
any proposed variation of the situation of any
apparatus or works, and
(iii)
any proposed variation of the means of gaining
access to the pipeline or any apparatus or works,
on which plan shall be identified the lands or easements
over lands referred to in paragraph (c),
(b)
shall be accompanied by particulars of any
agreements entered into, or proposed to be entered into, by the applicant for
the acquisition by him or her of, or of easements over, the additional lands
shown in the plan referred to in paragraph (a),
(c)
shall specify particulars of the additional
lands, or of the easements over the additional lands, acquired or agreed to be
acquired or in respect of which no agreement for acquisition by the applicant
has been reached, and
(d)
may set out any other matters that the applicant
wishes the Minister to consider.
(6)
Where an application under this section is an
application for the variation of a licence area by excluding lands from the
licence area, the application, in addition to complying with the requirements
of subsection (3), shall be accompanied by a plan, drawn in the prescribed
manner, showing the location on the lands within the licence area of the lands
proposed to be excluded.
(7)
Not less than 7 days before making an application
under this section for a variation (other than a minor variation) of the
licence area by including additional lands in that area, the applicant must
cause a notification, setting out particulars of the proposed application, to
be published in a manner approved in writing by the Minister having regard to
the object of bringing notifications of that kind to the attention of members
of the public.
(8)
If the regulations so require, a copy of a
notification under subsection (7) must be served on such public authorities as
may be prescribed.
(9)
The applicant must, if required to do so by
notice in writing served on the applicant by the Minister,
furnish—
(a)
to the Minister, and
(b)
to each public authority (if any) on which the
applicant was required, under subsection (8), to serve a copy of a
notification under subsection (7),
within the time specified in the notice, further
information in writing in connection with the application, as required by the
notice.
(10)
The Minister—
(a)
shall give notice of an application under this
section for a minor variation of the licence area to any person who is the
owner or occupier of any land that may be affected by the
application,
(b)
may give to such persons, if any, as he or she
thinks fit, notice of an application under this section for a minor variation
of the licence area or for a variation of the licence area by excluding lands
therefrom, and
(c)
shall specify in any such notice a period within
which each person to whom notice is so given may submit to the Minister in
writing any matters that he or she wishes to be considered in connection with
the application.
s 18: Subst 1973 No
86, sec 3 (k). Am 1977 No 17, Sch 1; 1979 No 205, Sch 2, Part 1; 1985 No 217,
Sch 4 (2); GG No 51 of 27.3.1986, p 1405; 2006 No 35, Sch 1 [55]–[61];
2018 No 25, Sch 2.24 [3].
19Grant of application for variation
(1)
If an application is made for a variation of a
licence area by including additional lands and the Minister is satisfied
that—
(a)
the application was made in compliance with
section 18 (or if there was a non-compliance, it was in respect of a
requirement of section 18 (3), (4), (5) or (9) and was not material),
and
(b)
the lands, or the easements, specified in the
application—
(i)
are vested in the applicant,
or
(ii)
are available, in accordance with section 22, for
compulsory acquisition, and
(c)
the applicant has made provision, or given
security in addition to any other security required by this Act, for the
payment—
(i)
of compensation and any interest payable in
respect of any lands, or easements, that are available for compulsory
acquisition, and
(ii)
of all charges and expenses necessary for or
incidental to the compulsory acquisition of those lands or
easements,
the Minister may—
(d)
where the application is for a variation (not
being a minor variation, as defined in section 18 (1)) of the licence area,
or
(e)
where the application is for a minor variation,
after taking into account any written submissions made under section 18 (10)
(c),
grant the application in relation to the lands,
including those the subject of easements, specified in the application, or
such of those lands as he or she thinks fit.
(2)
The Minister may refuse an application made under
section 18 (4), but only if, before refusing the application, the Minister
has—
(a)
given the applicant at least one month’s
written notice of the intention to refuse the application,
and
(b)
served a copy of the notice on such other
persons, if any, as he or she thinks fit, and
(c)
in the notice—
(i)
given particulars of the reasons for the intended
refusal, and
(ii)
specified a period within which the applicant or
a person on whom a copy of the notice is served may make written submissions
to the Minister with respect to the application,
and
(d)
taken into account any written submissions made
to the Minister within the specified period.
(3)
If an application is made for a variation of the
licence area by excluding lands, the Minister may, after taking into account
any written submissions made under section 18 (10) (c), grant the application
to such extent as he or she thinks fit.
(4)
If a licence area is varied—
(a)
by including additional lands, the additional
lands are, for the purposes of this Act, taken to be lands specified in the
licence in respect of that licence area, or
(b)
by excluding lands, the excluded lands are, for
the purposes of this Act, taken not to be lands specified in the licence in
respect of that licence area.
(5)
If an application under section 18 is refused,
the whole, or such part as the Minister determines, of the fee referred to in
section 18 (3) (d) is to be refunded to the applicant.
(6)
An application for the variation of a licence
area by including additional lands may be granted subject to such conditions
as the Minister thinks fit and specifies in the instrument granting the
application.
(7)
Without limiting the generality of subsection
(6), the conditions may include any of the kind referred to in section 15
(2).
(8)
If an application is made for the variation of a
licence area by both including additional lands and excluding lands, the
provisions of section 18 that are applicable to an application for a
variation—
(a)
including additional lands, and the provisions of
this section that are applicable to the granting of such an application, apply
in respect of so much of the application and its granting as relates to the
inclusion of additional lands, and
(b)
excluding lands, and the provisions of this
section that are applicable to the granting of such an application, apply in
respect of so much of the application and its granting as relates to the
exclusion of lands.
s 19: Subst 1973 No
86, sec 3 (k). Am 1977 No 17, Sch 1. Subst 2006 No 35, Sch 1
[62].
20Plan to be lodged with
Registrar-General
(1)
At any time after the making of an application
for a licence under section 14 or of an application under section 18 for the
variation of a licence area by including additional lands in the licence area
and before publication of the notification referred to in section 21, the
Minister is to cause to be lodged with the Registrar-General a plan of the
lands to which the application relates—
(a)
showing the route of the proposed pipeline, the
situation of any proposed apparatus or works, and the lands (if any) proposed
to be used for the purpose of gaining access to the proposed pipeline or
proposed apparatus or works, or, as the case may be, any proposed variation of
the route of the pipeline, any proposed variation of the situation of any
apparatus or works, and any proposed variation of the means of gaining access
to the pipeline or any apparatus or works,
(b)
identifying, or accompanied by instruments
identifying, in relation to those lands, any lands or easements vested or to
be vested in the applicant for the purposes of the proposed pipeline,
and
(c)
accompanied by instruments setting out, in
relation to any easements vested or to be vested in the applicant for the
purposes of the proposed pipeline, any restrictions as to user imposed or to
be imposed in respect of the lands the subject of those
easements.
(2)
Upon lodgment of the plan and any other
instruments pursuant to subsection (1), the Registrar-General shall, if he or
she is satisfied that the plan is suitable for registration—
(a)
register the plan and record the instruments in
such manner as to him or her seems appropriate, and
(b)
inform the Minister, by instrument in writing,
that he or she has done so.
s 20: Subst 1973 No
86, sec 3 (k). Am 1977 No 17, sec 3 (c); 1985 No 217, Sch 2 (10); 1989 No 209,
Sch 1 (1); 2021 No 34, Sch 5[7].
21Vesting of lands or easements in
licensee
(1)
The Minister shall, by notification published in
the Gazette as soon as practicable after the granting of a licence under
section 14 or of an application under section 18 for the variation of a
licence area by including additional lands in the licence area, declare
that—
(a)
such lands and easements as may be specified in
the notification (being lands, including lands deemed to be specified therein
by section 19 (4) (a), and easements specified in the licence) are vested in
the licensee, and
(b)
such restrictions as to user as may be specified
in the notification have effect in respect of the lands the subject of the
easements specified in the licence,
according to the tenor of the
notification.
(2)
Upon publication of a notification under
subsection (1)—
(a)
the lands and easements specified in the
notification, to the extent to which they were not vested in the licensee
immediately before the date of the notification, vest in the licensee,
and
(b)
the restrictions as to user specified in the
notification, to the extent to which they did not have effect immediately
before the date of the notification, have effect,
according to the tenor of the
notification.
(3)
Where, by the operation of subsection (2), any
lands under the provisions of the Real Property Act
1900, or easements over any such lands, become vested in a
licensee, the licensee shall forthwith make a request to the Registrar-General
under section 46C of the Real Property Act
1900 in relation to those lands and
easements.
(4)
Upon receipt of a request under section 46C of
the Real Property Act 1900, the
Registrar-General may in accordance with that Act, notify in the Register kept
by him or her pursuant to that Act, that the lands or easements over lands,
are vested in the licensee according to the tenor of the notification,
notwithstanding that any relevant Crown grant has not been produced to him or
her.
Note—
If lands in relation to which native title rights
and interests within the meaning of the Commonwealth Native Title Act exist
are affected by the granting of a licence under section 14 or of an
application under section 19 for the variation of a licence area by the
inclusion of additional land, a relevant procedure under the NTA must be
followed before a notification under section 21 is published in the Gazette.
The relevant procedures include—
(a)
the right to negotiate procedure under
Subdivision P of Division 3 of Part 2,
(b)
the procedure under section 24MD
(6B),
(c)
the procedure under an indigenous land use
agreement.
s 21: Subst 1973 No
86, sec 3 (k). Am 1977 No 17, Sch 1; 1985 No 217, Sch 2 (11); 1994 No 45, Sch
1; 1998 No 88, Sch 7 [1]; 2006 No 35, Sch 1 [63]; 2021 No 10, Sch
3.19.
21AExtinguishment of easements etc after variation of licence
area
(1)
The Minister shall, by notification published in
the Gazette as soon as practicable after the granting of an application under
section 18 for the variation of a licence area by excluding lands from the
licence area, declare that—
(a)
such easements as may be specified in the
notification (being easements specified in the licence in respect of the
excluded lands) are extinguished, and
(b)
such restrictions as to user as may be specified
in the notification (being restrictions that have effect pursuant to section
21 in respect of the lands the subject of the extinguished easements) shall
cease to have effect,
according to the tenor of the
notification.
(2)
Upon publication of a notification under
subsection (1)—
(a)
the easements specified in the notification, to
the extent to which they subsisted immediately before the date of the
notification, are extinguished, and
(b)
the restrictions as to user specified in the
notification, to the extent to which they had effect immediately before the
date of the notification, shall cease to have
effect,
according to the tenor of the
notification.
(3)
Where, by operation of subsection
(2)—
(a)
any easement over land under the provisions of
the Real Property Act 1900 is extinguished,
or
(b)
any restriction as to user in respect of any such
land ceases to have effect,
the licensee shall forthwith—
(c)
notify the owner of the land of that fact,
and
(d)
request the Registrar-General to notify that fact
on the relevant folio of the Register kept pursuant to that
Act.
Maximum penalty—20 penalty
units.
s 21A: Ins 1985 No
217, Sch 2 (12). Am 1992 No 112, Sch 1; 2021 No 34, Sch 5[8].
22Availability of certain land etc for compulsory
acquisition
(1)
For the purposes of sections 14 and 19, lands or
easements over lands are available for compulsory acquisition—
(a)
in the case of Crown lands or lands vested in a
person on behalf of the Crown or in a public authority or in the case of
easements over any such lands (not being Crown lands, or lands so vested, or
easements over lands, referred to in paragraph (b)), if—
(i)
at least three months before the Minister
determines an application under section 14 or 19, the applicant has informed
the public authority or person concerned or the Minister administering the
provisions of the Crown Lands Acts applying to those lands of the application
for the licence and of any amendment to that application made in accordance
with section 13A (11) or, as the case may be, the application for the
variation of the licence area, and
(ii)
where the public authority or person or the
Minister administering the provisions of the Crown Lands Acts applying to
those lands has by instrument in writing addressed to the Minister objected to
the granting of the application and has requested that the matter be referred
to the Premier for decision, the Premier has, after considering any
representations made to the Minister by the public authority, the person
concerned and the Minister administering the provisions of the Crown Lands
Acts applying to those lands and such other matters as he or she thinks fit,
approved of the application being determined by the
Minister,
(b)
in the case of Crown lands or lands vested in a
person on behalf of the Crown (being Crown lands or lands so vested that are
under the control of a public authority) or in the case of easements over any
such lands, if—
(i)
at least three months before the Minister
determines an application under section 14 or 19 (or, if the public authority
and the owner have agreed that the land is available for acquisition, at any
time before the Minister makes such a determination), the applicant has
informed the public authority concerned and the owner of the lands of the
application for the licence and of any amendment to that application made in
accordance with section 13A (11) or, as the case may be, the application for
the variation of the licence area, and
(ii)
where the public authority concerned or the owner
of the lands has by instrument in writing addressed to the Minister objected
to the granting of the application and has requested that the matter be
referred to the Premier for decision, the Premier has, after considering any
representations made to the Minister by the public authority or the owner and
such other matters as he or she thinks fit, approved of the application being
determined by the Minister,
(c)
in the case of lands that are held as an
incomplete purchase, a homestead selection, a homestead grant or a lease in
perpetuity under the Crown Lands Acts, or lands held in fee-simple over which
the owner has no power of sale or power to grant an easement, or in the case
of easements over any such lands, if the Minister is satisfied that not less
than two months before the Minister determines an application under section 14
or 19, the applicant has given the owner and, where the lands are held as an
incomplete purchase, a homestead selection, a homestead grant or a lease in
perpetuity under the Crown Lands Acts, the Minister administering the
provisions of the Crown Lands Acts applying to those lands, notice in writing
that the lands, or an easement over the lands will, upon the grant of a
licence, be compulsorily acquired, or
(d)
in the case of other lands, not being lands
referred to in paragraph (a), (b) or (c), or easements over those other lands,
if the Minister is satisfied—
(i)
that the applicant has entered into an agreement
with the owner to acquire the lands or an easement over the lands,
or
(ii)
that the applicant has taken all reasonable steps
to enter into an agreement with the owner to acquire the lands or easements
and those steps have not resulted in any such
agreement.
(2)
Lands in relation to which an owner has native
title rights and interests within the meaning of the Commonwealth Native Title
Act is, for the purpose of the acquisition of those rights and interests under
this Act, land held in fee-simple over which the owner has no power of sale as
referred to in subsection (1) (c).
(3)
If lands referred to in subsection (2) are also
held as an incomplete purchase, a homestead selection, a homestead grant or a
lease in perpetuity under the Crown Lands Acts, the applicant must give the
notice referred to in subsection (1) (c) to the Minister administering the
provisions of the Crown Lands Acts applying to those lands as well as to the
owner of the native title rights and interests.
Note—
In order to comply with any relevant procedure
under the NTA, the notice periods under the NTA must be followed despite any
different notice periods under section 22.
s 22: Subst 1973 No
86, sec 3 (k). Am 1977 No 17, sec 3 (d), Sch 1; 1991 No 94, Sch 1; 1994 No 45,
Sch 1; 1998 No 88, Sch 7 [2]; 2006 No 35, Sch 1
[64]–[66].
22ACompensation
(1)
A person who has an estate or interest in any
lands vested in a licensee by section 21, or in any lands over which an
easement is so vested by that section, or who, but for this Act, would have
had such an estate or interest, is entitled to receive, in respect of the
vesting of those lands or easements, compensation from the licensee in whom
the lands or easements are vested by that section.
(2)
The Land Acquisition (Just
Terms Compensation) Act 1991 applies (with such
modifications as may be prescribed by the regulations) to the payment of any
such compensation as if the vesting of lands or easements under section 21
were effected by an acquisition notice under that Act.
(3)
(4)
If a licensee and a person claiming compensation
under this section do not agree as to the amount of compensation, the claim
may be heard and disposed of as provided by section 24 of the Land and Environment Court Act 1979 as
if the licensee under this Act liable to pay compensation under this Act were
an authority within the meaning of that section.
s 22A: Ins 1973 No
86, sec 3 (k). Am 1976 No 66, Sch 1; 1977 No 17, Sch 1; 1979 No 205, Sch 2,
Part 1; 1991 No 22, Sch 1; 2006 No 35, Sch 1 [67].
23Directions as to the conveyance of
substances
(1)
Where—
(a)
a person, by instrument in writing served on a
licensee, requests the licensee to enter into an agreement for the conveyance
through the pipeline specified in that licensee’s licence of a
substance, and
(b)
that person and the licensee do not, within a
period of three 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)
(b)
shall be made in the prescribed
manner,
(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,
(b)
may serve notice of the application on such other
persons, if any, as he or she 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 or she wishes the
Minister to consider in connection with the
application.
(4)
After considering any matters submitted to him or
her under subsection (3) on or before the specified date and having regard to
the nature of the substance for the conveyance of which the pipeline is being
and is capable of being used and is suitable and to such other matters as he
or she 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
or she 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 for the use of the
pipeline.
(6)
A person to whom a direction is given under
subsection (4) shall comply with the direction.
Maximum penalty—
(a)
for a corporation—1,000 penalty units,
or
(b)
for an individual—200 penalty
units.
(7)
This section does not apply to any pipeline that
is a transmission pipeline or distribution pipeline within the meaning of the
National Gas (NSW)
Law.
s 23: Am 1977 No 17,
Sch 1; 1985 No 217, Sch 3 (2); 1992 No 112, Sch 1; 1998 No 41, Sch 1.5; 2006
No 35, Sch 1 [68] [69]; 2008 No 31, Sch 1.5; 2021 No 34, Sch
5[9].
24Ceasing to operate pipeline
(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 or her licence.
Maximum penalty—
(a)
for a corporation—1,000 penalty units,
or
(b)
for an individual—200 penalty
units.
(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,
(b)
was for the purpose of repairing or maintaining
the pipeline,
(c)
was in an emergency in which there was a
likelihood of loss or injury, or
(d)
was in compliance with a direction given under
section 28 (1).
s 24: Am 1977 No 17,
Sch 1; 1985 No 217, Schs 2 (13), 3 (1); 1992 No 112, Sch 1; 2021 No 34, Sch
5[10].
25Consent to commencement or resumption of pipeline
operations
(1)
The Minister, on application in writing served on
him or her—
(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 or her licence,
may, if he or she is of the opinion that the pipeline
may be operated with safety, 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.
(3)
The Minister may, by instrument in writing,
served upon a licensee, from time to time vary any conditions subject to which
a consent under subsection (1) was given to that licensee or attach additional
conditions to such a consent.
(4)
Any conditions to which a consent given to a
licensee under subsection (1) is from time to time subject shall, for the
purposes of this Act, be deemed to be conditions to which the licence held by
that licensee is subject.
s 25: Am 1973 No 86,
sec 3 (1); 1977 No 17, Sch 1.
26Waste or escape of substances from
pipelines
A licensee shall not permit or suffer the waste
or escape of any substance from the pipeline or any part
thereof.
Maximum penalty—
(a)
for a corporation—2,000 penalty units,
or
(b)
for an individual—400 penalty
units.
s 26: Am 1985 No 217,
Sch 3 (1); 1992 No 112, Sch 1; 2021 No 34, Sch 5[4].
27Marking of route of pipeline and maintenance etc of
property
A licensee—
(a)
shall mark, and keep marked, in such manner as
may be prescribed, the route of the pipeline in respect of which he or she
holds the licence,
(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 not either used or to be
used in connection with the operation of the
pipeline.
Maximum penalty—
(a)
for a corporation—2,000 penalty units,
or
(b)
for an individual—400 penalty
units.
s 27: Am 1985 No 217,
Sch 3 (1); 1992 No 112, Sch 1; 2021 No 34, Sch 5[4].
28Directions
(1)
The Minister may, by instrument in writing served
on a licensee, give to the licensee directions as to any matter with respect
to which regulations may be made under section 69 (1).
(2)
A direction under subsection (1) has effect and
shall be complied with notwithstanding anything in the regulations, and, to
the extent to which the regulations are inconsistent with the direction, the
licensee to whom the direction is given is not obliged to comply with the
regulations.
(3)
A licensee to whom a direction is given under
subsection (1) shall comply with the direction.
Maximum
penalty—$250,000.
s 28: Am 1977 No 17,
Sch 1; 1985 No 217, Sch 3 (1); 1992 No 112, Sch 1; 2021 No 34, Sch
5[11].
29Compliance with directions
(1)
Where a person does not comply with a direction
given to him or her under this Act or under the regulations, the Minister may
do all or any of the things required by the direction to be
done.
(2)
Costs and expenses incurred by the Minister under
subsection (1) in relation to a direction are a debt due by the person to whom
the direction was given to the Crown and are recoverable in a court of
competent jurisdiction.
(3)
It is a defence if a person charged with failure
to comply with a direction given to him or her under this Act or under the
regulations or if a defendant in an action under subsection (2) proves that he
or she took all reasonable steps to comply with the
direction.
s 29: Am 1977 No 17,
Sch 1.
30Variation of, and exemption from, licence conditions
etc
Where—
(a)
a licence area or a licence is varied under
section 19, or
(b)
a licensee enters into an agreement referred to
in section 23, or
(c)
a licence is cancelled as to part of the pipeline
in respect of which it is in force, or
(d)
a licensee applies to the Minister for a
variation or suspension of, or exemption from compliance with, any of the
conditions of the licence, or
(e)
the Minister reviews a licence under this Act,
or
(f)
the Minister, under this Act or the regulations,
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 specifies in the
instrument.
s 30: Am 1973 No 86,
sec 3 (m); 1977 No 17, Sch 1. Subst 2006 No 35, Sch 1 [70].
31Surrender of licences
(1)
A licensee may, at any time, apply to the
Minister in writing for consent to surrender his or her 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 or her under
this Act or has made arrangements which are satisfactory to the Minister for
the payment of those amounts,
(b)
has complied with the conditions to which the
licence is subject and with the provisions of this Act and of the
regulations,
(c)
has, where the Minister, by an instrument in
writing served on the licensee, has required him or her to do so, caused to be
published in such manner 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 or she wishes to be considered in
connection with the application for the consent, and
(d)
has, to the extent that he or she 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 or her consent to the
surrender of a licence under subsection (1) if he or she 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.
s 31: Am 1977 No 17,
Sch 1; 2006 No 35, Sch 1 [71] [72]; 2018 No 25, Sch 2.24 [4].
31AInquiries into matters relating to
pipelines
(1)
An inquiry into any matter relating to the
design, construction, operation or maintenance of a pipeline may, and if
required by the Minister shall, be conducted by the
Secretary.
(2)
The Secretary may, by order in writing,
authorise, subject to the terms of the authorisation, and with the approval of
the Minister, any person or body to examine, and report to the Secretary on,
any matter in connection with an inquiry (including an inquiry that the
Minister has required to be conducted).
(3)
Nothing in this section shall be construed as
limiting the power of the Secretary to conduct an examination in connection
with an inquiry under this section and the Secretary may conduct such an
examination notwithstanding that the Secretary has authorised another body or
person to do so.
s 31A: Ins 1985 No
217, Sch 2 (14). Am 2006 No 35, Sch 1 [73] [74].
31BEvidence at inquiry
(1)
A body or person conducting an inquiry or
examination under section 31A may, by notice in writing served on any person,
require that person—
(a)
within such reasonable time as may be specified
in the notice, to furnish to that body or person such information and to
produce to that body or person such books, documents or other papers in the
person’s possession or under the person’s control as may be
required for the purpose of the inquiry or examination, as the case may be,
and as may be specified in the notice, whether generally or otherwise,
or
(b)
to attend at a time and place specified in the
notice before that body or person and thereafter from time to time as required
by that body or person to give evidence concerning any matter the subject of
the inquiry or examination, as the case may be, and to produce all such books,
documents or other papers in the person’s possession or under the
person’s control as may be required for the purpose of the inquiry or
examination and as may be specified in the notice, whether generally or
otherwise.
(2)
A body or person conducting an inquiry or
examination under section 31A may, subject to section 13 of the Oaths Act 1900, require any evidence
referred to in subsection (1) (b) to be given on oath and either in writing or
orally, and for that purpose—
(a)
where the inquiry or examination is being
conducted by a body, the person presiding at the inquiry or examination,
or
(b)
where the inquiry or examination is being
conducted by a person, that person,
may administer an oath.
(3)
A person shall not neglect or refuse to comply
with the requirements of a notice served on the person under this
section.
Maximum penalty—
(a)
for a corporation—2,000 penalty units,
or
(b)
for an individual—400 penalty
units.
(4)
A person shall not—
(a)
furnish any information referred to in subsection
(1) (a) required of the person pursuant to a notice served on the person under
subsection (1) that is false or misleading in a material particular,
or
(b)
give any evidence referred to in subsection (1)
(b) that is false or misleading in a material
particular.
Maximum penalty—
(a)
for a corporation—2,000 penalty units,
or
(b)
for an individual—400 penalty
units.
(5)
It is a sufficient defence to a prosecution
arising under subsection (4) if the defendant proves that the defendant
believed the truth of the information or evidence given by the defendant and
that it was given in good faith.
s 31B: Ins 1985 No
217, Sch 2 (14). Am 1992 No 112, Sch 1; 2021 No 34, Sch
5[12].
32Cancellation of licences for breach of conditions, this Act
or the regulations or non-payment of amounts due
(1)
Where a licensee—
(a)
has not complied with a condition to which the
licence is subject,
(b)
has not complied with a provision of this Act or
of the regulations, or
(c)
has not paid any amount payable by him or her
under this Act within a period of three 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)
The Minister is not to cancel a licence unless
the Minister has—
(a)
given the licensee at least one month’s
written notice of the intention to cancel the licence and the grounds for that
intention, and
(b)
served a copy of the notice on such other
persons, if any, as he or she thinks fit, and
(c)
specified in the notice a period within which the
licensee or any person on whom a copy of the notice is served may make written
submissions to the Minister with respect to the intended cancellation,
and
(d)
published in such manner as the Minister thinks
fit notice of the intended cancellation and grounds, specifying a period
within which any person with an interest in land in the licence area may make
written submissions to the Minister with respect to the intended cancellation,
and
(e)
taken into account—
(i)
any action taken by the licensee to remove the
grounds for the intended cancellation or to prevent the recurrence of similar
grounds, and
(ii)
any written submissions made to the Minister
within the relevant specified period.
s 32: Am 1977 No 17,
Sch 1; 2006 No 35, Sch 1 [75] [76]; 2018 No 25, Sch 2.24 [4].
33Cancellation of licence in public
interest
(1)
The Minister may, by written notice served on the
licensee, cancel a licence if the Minister considers the cancellation to be in
the public interest.
(2)
The cancellation may be—
(a)
of the Minister’s own motion,
or
(b)
on the written recommendation of any State or
Commonwealth Minister or any body established by a law of the State or of the
Commonwealth, but only if the Minister or body has given security, to the
satisfaction of the Minister, for the payment of any amount payable to the
licensee under subsection (6).
(3)
The cancellation—
(a)
may be with respect to the whole or part of the
pipeline in respect of which the licence is in force, and
(b)
takes effect on and from the day specified in the
notice of cancellation.
(3A)
In determining when the cancellation is to take
effect the Minister is to consider—
(a)
if there was a recommendation for the
cancellation, the reasons for the recommendation, and
(b)
the public interest, and
(c)
the time it would be likely to take the licensee
to replace the pipeline or part of the pipeline as to which the licence is
cancelled.
(4)
If a licence is cancelled under subsection (1),
the licensee may bring proceedings in the Supreme Court—
(a)
where the cancellation was of the
Minister’s own motion, against the Minister, or
(b)
where the cancellation was on a recommendation of
a Minister or body, against the Minister or body
concerned.
(5)
The Supreme Court shall hear the proceedings and
shall determine whether it is just that compensation ought to be paid to the
plaintiff by the defendant by reason of the
cancellation.
(6)
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.
(7)
s 33: Am 1970 No 52,
Second Sch (am 1972 No 41, Second Sch); 1977 No 17, Sch 1; 2006 No 35, Sch 1
[77] [78].
33AExtinguishment of easements etc after surrender or
cancellation of licence
(1)
The Minister may, by notification published in
the Gazette, declare that—
(a)
such easements as may be specified in the
notification (being easements over lands within a relinquished area) are
extinguished, and
(b)
such restrictions as to user as may be specified
in the notification (being restrictions that have effect pursuant to section
21 in respect of the lands the subject of the extinguished easements) shall
cease to have effect,
according to the tenor of the
notification.
(2)
Upon publication of a notification under
subsection (1)—
(a)
the easements specified in the notification, to
the extent to which they subsisted immediately before the date of the
notification, are extinguished, and
(b)
the restrictions as to user specified in the
notification, to the extent to which they had effect immediately before the
date of the notification, shall cease to have
effect,
according to the tenor of the
notification.
(3)
Where, by operation of subsection
(2)—
(a)
any easement over land under the provisions of
the Real Property Act 1900 is extinguished,
or
(b)
any restriction as to user in respect of any such
land ceases to have effect,
the Minister may—
(c)
notify the owner of the land of that fact,
and
(d)
request the Registrar-General to notify that fact
on the relevant folio of the Register kept pursuant to that
Act.
s 33A: Ins 1985 No
217, Sch 2 (15).
34Cancellation 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 or she has been
convicted of an offence by reason of his or her 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 or she has not
complied with a provision of this Act or of the regulations may be convicted
of an offence by reason of his or her 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 or her under this Act within a period of three 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 or she has not
paid an amount payable by him or her under this Act within a period of three
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.
35Removal 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 or her 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.
Maximum
penalty—$250,000.
s 35: Am 1977 No 17,
Sch 1; 1985 No 217, Sch 3 (1); 1992 No 112, Sch 1; 2021 No 34, Sch
5[11].
36Powers of Minister where direction under section 35 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 35 (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 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 or she believes to be an owner of that
property or part of that property,
(b)
a direction referred to in section 35 (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 or she thinks fit, or
(c)
a direction referred to in section 35 (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 or she thinks fit,
all or any of that property from the relinquished area
concerned,
(b)
dispose of, in such manner as he or she thinks
fit, all or any of that property, and
(c)
if he or she has served a copy of the instrument
by which the direction was given on a person whom he or she believed to be the
owner of that property or part of that property, sell, by public auction or
otherwise, as he or she thinks fit, all or any part of that property that
belongs, or that he or she 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 or she believes
to belong, to a particular person—
(a)
all or any part of any costs and expenses
incurred by him or her under that subsection in relation to that
property,
(b)
all or any part of any costs and expenses
incurred by him or her in relation to the doing of any thing required by a
direction under section 35 (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 35 (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.
s 36: Am 1977 No 17,
Sch 1.
37Licence fees
(1)
It is a condition of a licence that the licensee
must pay an annual licence fee determined by the
Minister.
(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.
s 37: Am 1974 No 51,
Sch; 1977 No 17, sec 3 (e), Sch 1; 1985 No 217, Schs 1 (3), 2 (16); 1991 No
94, Sch 1; 2021 No 34, Sch 5[13].
38Penalty for late payment
Where the liability of a licensee to pay a fee
referred to in section 37 is not discharged at or before the time when the fee
is payable, there is payable by the licensee an additional amount calculated
at the rate of one-third of one per cent per day upon the amount of the fee
from time to time remaining unpaid, to be computed from the time when the fee
became payable until it is paid.
s 38: Am 1977 No 17,
Sch 1; 1985 No 217, Schs 1 (3), 4 (3).
39Fees and penalties debts due to the
Crown
A fee under section 37, or an amount payable
under section 38, is a debt due by the licensee to the Crown and is
recoverable in a court of competent jurisdiction.
s 39: Am 1977 No 17,
Sch 1.
40Certain provisions of Local
Government Act 1993 not to apply to
pipelines
(1)
Section 611 of the Local
Government Act 1993 does not apply to or in respect of a
pipeline the construction or operation of which is authorised by a
licence.
(1A)
Part 1 of Chapter 7 of the Local Government Act 1993, and
regulations made for the purposes of that Part, do not apply to the
construction or operation of a pipeline (not including the apparatus or works
of a prescribed class or description), the construction or operation of which
is authorised by a licence.
(2)
s 40: Am 1977 No 17,
sec 3 (f), Sch 1; 1979 No 205, Sch 2, Part 1; 1985 No 217, Sch 2 (17); 1995 No
11, Sch 1.91 [3]; 2006 No 35, Sch 1 [79].