2006
2006
2006-09-16
act
government
publicspecial
act.reprint
allinforce
2006-05-10
2006-05-10
0
2006-09-16
act-2006-035
2006
none
act-2006-035
bd05e7c1-4254-4da8-bd36-723a54ddb460
a79c312b-6128-4d33-89ba-f1b647899b83
Note—
The Act was repealed by sec 5 (1) of this Act
with effect from 16.9.2006.
An Act to amend the Pipelines Act 1967 to simplify the
system of approvals relating to the construction and operation of pipelines,
to facilitate major pipeline projects; and for other
purposes.
1Name of
Act
This Act is the Pipelines
Amendment Act 2006.
2Commencement
This Act commences on a day or days to be
appointed by proclamation.
3Amendment of Pipelines Act 1967 No
90
The Pipelines Act
1967 is amended as set out in Schedule
1.
4Amendment of Environmental Planning and Assessment Act 1979 No
203
The Environmental
Planning and Assessment Act 1979 is amended as set out in
Schedule 2.
5Repeal of
Act
(1)
This Act is repealed on the day following the day
on which all of the provisions of this Act have
commenced.
(2)
The repeal of this Act does not, because of the
operation of section 30 of the Interpretation
Act 1987, affect any amendment made by this
Act.
Schedule 1Amendment of Pipelines Act 1967
(Section 3)
[1]Section 3
Definitions
Omit the definitions of Authority, permit, permittee and statutory
body representing the Crown from section 3
(1).
[2]Section 3 (1), definitions of
“Department” and
“Director-General”
Insert in alphabetical order:
Department means the Department of
Energy, Utilities and Sustainability.
Director-General means the
Director-General of the Department.
[3]Section 3 (1), definition of
“land”
Omit “statutory body representing the
Crown” from paragraph (d) of the definition.
Insert instead “public
authority”.
[4]Section 3 (1), definition of
“licence”
Omit “Governor”. Insert instead
“Minister”.
[5]Section 3 (1), definition of
“owner”
Omit “statutory body representing the
Crown” wherever occurring in paragraph (a) of the
definition.
Insert instead “public
authority”.
[6]Section 3 (1), definition of
“owner”
Omit paragraph (c) of the definition. Insert
instead:
(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
[7]Section 3 (1), definition of
“public authority”
Omit the definition. Insert instead:
public
authority means:
(a)
the Hunter Water Corporation, New South Wales
Land and Housing Corporation, Rail Corporation New South Wales, Rail
Infrastructure Corporation, Roads and Traffic Authority, State Rail Authority
of New South Wales, State Transit Authority, State Water Corporation, Sydney
Water Corporation, Transport Infrastructure Development Corporation or Water
Administration Ministerial Corporation, or
(b)
a council or county council 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.
[8]Section 3 (1), definition of
“registered holder”
Omit the definition. Insert instead:
registered holder means the person
whose name is for the time being shown in the register as being the holder of
a licence.
[9]Section 3
(3)
Omit “permit or” wherever
occurring.
[10]Section 3 (4) and
(5)
Omit the subsections.
[11]Section 3
(7A)
Omit the subsection.
[12]Section
4
Omit the section. Insert instead:
4Delegation of
functions
(1)
The Minister may delegate to the Director-General
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 Director-General may sub-delegate to an
authorised person any of the functions delegated to the Director-General by
the Minister under this section unless the Minister otherwise provides in the
instrument of delegation to the Director-General.
(3)
The Director-General may delegate to an
authorised person any of the Director-General’s functions under this
Act, other than this power of delegation.
(4)
In this section, authorised person means:
(a)
a member of staff of a Department of the Public
Service, or
(b)
the holder of a particular statutory or public
office.
[13]Section 4A Delegation of
Minister’s functions
Omit the section.
[14]Section 5 Application of
Act
Omit section 5 (1) (a). Insert instead:
(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,
[15]Section 5 (1)
(d)
Omit the paragraph. Insert instead:
(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,
[16]Section 5 (1)
(g)
Omit “subsection (3)”. Insert instead
“subsection (9)”.
[17]Section 5 (1)
(h)
Omit “proclamation under subsection (4) or
by such a proclamation, as varied by a proclamation under subsection
(5)”.
Insert instead “notification under
subsection (4) or by such a notification, as varied by a notification under
subsection (9)”.
[18]Section 5
(1)
Omit “permit
or”
[19]Section 5
(3)
Omit the subsection.
[20]Section 5
(4)
Omit “Governor may, by proclamation”
and “the proclamation”.
Insert instead “Minister may, by
notification” and “the notification”,
respectively.
[21]Section 5
(5)
Omit the subsection.
[22]Section 5
(9)
Omit the subsection. Insert instead:
(9)
The Minister may vary or revoke a notification
under this section by another notification published in the
Gazette.
[23]Section 5C Constitution of
pipeline committees
Omit section 5C (1)–(3). Insert
instead:
(1)
The Minister may appoint standing or special
pipeline committees for the purpose of advising the Minister with respect to
the administration of this Act.
(2)
A pipeline committee is to consist of such
members as the Minister appoints from time to time.
(3)
The chairperson of a pipeline committee is to be
appointed by the Minister from the members of the
committee.
[24]Section
5D
Omit the section. Insert instead:
5DFunctions of pipelines
committees
The functions of a pipeline committee are:
(a)
to investigate applications for licences that are
referred to it by the Minister, and
(b)
to provide advice to the Minister with respect to
any other matter referred to it by the Minister.
[25]Part 2,
heading
Omit “and
permits”.
[26]Section 5E Applications for
authorities to survey
Omit section 5E (1). Insert instead:
(1)
A person who proposes to construct a pipeline may
apply to the Minister for an authority to survey.
[27]Section 5E (2)
(a)
Omit the paragraph.
[28]Section
5H
Omit the section. Insert instead:
5HRights conferred by authority
to survey
While an authority to survey is in force it
authorises the holder, subject to any conditions of the authority:
(a)
to enter the lands specified in the authority,
and
(b)
to carry out surveys to investigate possible
routes for the proposed pipeline and determine the pipeline route, the
situation of any associated apparatus or works and of any lands to be used to
get access to the pipeline, apparatus or works, and
(c)
to take samples from the lands for examination
and testing.
[29]Part 2, Division 2
Permits
Omit the Division.
[30]Section 11 Construction and
operation of pipelines
Omit “except under and in pursuance of a
licence” from section 11 (1).
Insert instead “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”.
[31]Section 11 (2)
(a)
Omit the paragraph. Insert instead:
(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
[32]Section 11
(2A)
Omit “except under and in pursuance of a
licence under this Act”.
Insert instead “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”.
[33]Section
12
Omit the section. Insert instead:
12Application for
licence
Any person who proposes to construct a pipeline
may apply to the Minister for a licence.
[34]Section 13 Manner of making
applications for licences
Omit section 13 (1) (a). Insert instead:
(a)
is to be in a form approved by the
Minister,
[35]Section 13 (1)
(ga)
Insert after section 13 (1) (g):
(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,
[36]Section 13
(1A)
Omit the subsection.
[37]Section 13
(2)
Omit the subsection. Insert instead:
(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.
[38]Section 13
(3)
Omit “in or to the effect of the prescribed
form setting forth the particulars provided for by that form in relation to
the proposed application”.
Insert instead “setting out particulars of
the proposed application”.
[39]Section 13
(4)
Omit the subsection. Insert instead:
(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.
[40]Section 13A Amendment of
application for licence by inclusion or exclusion of
lands
Omit “(whether the applicant for the
licence is or has been the holder of a permit in respect of those lands or
not)” from section 13A (1).
[41]Section 13A
(2)
Omit “, whether before or after the
commencement of section 3 of the Pipelines (Amendment) Act
1977,”.
[42]Section 13A (3)
(a)
Omit the paragraph. Insert instead:
(a)
be in a form approved by the
Minister,
[43]Section 13A (4)
(a)
Omit “on lands in respect of which the
applicant is or has been the holder of a permit”.
[44]Section 13A (4)
(d)
Omit “and”.
[45]Section 13A (4)
(da)
Insert after section 13A (4) (d):
(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
[46]Section 13A
(7)
Omit “in or to the effect of the prescribed
form setting forth the particulars provided for in that form in relation to
the proposed further application”.
Insert instead “setting out particulars of
the proposed further application”.
[47]Section 13A (8) and
(9)
Omit the subsections. Insert instead:
(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.
[48]Section 13A (11) (b) and (12)
(b)
Omit “section 12 (1)” wherever
occurring. Insert instead “section 12”.
[49]Section 13B Amendment of
application for licence in other cases
Omit “, whether before or after the
commencement of section 3 of the Pipelines (Amendment) Act
1977,” from section 13B (1).
[50]Section 13B (3) and
(4)
Omit the subsections. Insert instead:
(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.
[51]Section
14
Omit the section. Insert instead:
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.
[52]Section 15 Conditions of
licence
Omit “Governor” from section 15 (1).
Insert instead “Minister”.
[53]Section 16 Renewal of
licence
Omit the section.
[54]Section 17 Duration, review
and effect of licence
Omit section 17 (1). Insert instead:
(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.
[55]Section 18 Variation of
licence area
Omit “by an application to the Governor
made by instrument in writing served on the Minister, apply” from
section 18 (2).
Insert instead “apply to the Minister in
writing”.
[56]Section 18 (3)
(a)
Omit the paragraph.
[57]Section 18 (4) (a)
(i)
Omit “on lands in respect of which the
applicant is or has been, as mentioned in section 12 (1), the holder of a
permit”.
[58]Section 18 (4)
(d)
Omit “and”.
[59]Section 18 (4)
(da)
Insert after section 18 (4) (d):
(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
[60]Section 18
(7)
Omit “in or to the effect of the prescribed
form setting forth the particulars provided for by that form in relation to
the proposed application”.
Insert instead “setting out particulars of
the proposed application”.
[61]Section 18 (8) and
(9)
Omit the subsections. Insert instead:
(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.
[62]Section
19
Omit the section. Insert instead:
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.
[63]Section 21 Vesting of lands or
easements in licensee
Omit “Governor” from section 21 (1).
Insert instead “Minister”.
[64]Section 22 Availability of
certain land etc for compulsory acquisition
Omit “grants a certificate referred to in
section 14 (1) or section 19 (1)” from section 22 (1) (a) (i) and (c)
wherever occurring.
Insert instead “determines an application
under section 14 or 19”.
[65]Section 22 (1) (a) (ii) and
(b) (ii)
Omit “referred to the Governor”
wherever occurring.
Insert instead “determined by the
Minister”.
[66]Section 22 (1) (b)
(i)
Omit “grants a certificate referred to in
section 14 (1) or section 19 (1) (or, if the public authority and the owner
have agreed that the land is available for acquisition, at any time before the
Minister grants such a certificate)”.
Insert instead “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)”.
[67]Section 22A
Compensation
Omit “a Constructing Authority” from
section 22A (4).
Insert instead “an
authority”.
[68]Section 23 Directions as to
the conveyance of substances
Omit section 23 (2) (a).
[69]Section 23
(7)
Insert “as defined by the Gas Pipelines Access (New South Wales) Act
1998” after
“Law”.
[70]Section
30
Omit the section. Insert instead:
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.
[71]Section 31 Surrender of
licences
Omit “by an application to the Governor
made by an instrument in writing served on the Minister, apply” from
section 31 (1).
Insert instead “apply to the Minister in
writing”.
[72]Section 31 (3) and
(4)
Omit “Governor” wherever occurring.
Insert instead “Minister”.
[73]Section 31A Inquiries into
matters relating to pipelines
Omit “Authority” wherever
occurring.
Insert instead
“Director-General”.
[74]Section 31A
(3)
Omit “it”. Insert instead “the
Director-General”.
[75]Section 32 Cancellation of
licences for breach of conditions, this Act or the regulations or non-payment
of amounts due
Omit “Governor” from section 32 (1).
Insert instead “Minister”.
[76]Section 32
(2)
Omit the subsection. Insert instead:
(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 newspapers 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.
[77]Section 33 Cancellation of
licence in public interest
Omit section 33 (1)–(3). Insert
instead:
(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.
[78]Section 33
(4)
Omit the subsection. Insert instead:
(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.
[79]Section 40 Certain provisions
of Local Government Act 1993 not to apply
to pipelines
Omit section 40 (2).
[80]Part 4,
heading
Omit “permits
and”.
[81]Section 41 Register of
licences to be kept
Omit “General Manager of the
Authority” wherever occurring.
Insert instead
“Director-General”.
[82]Section 41
(1)
Omit “permits
and”.
[83]Section 41 (2) and
(3)
Omit “permit or licence” wherever
occurring. Insert instead “licence”.
[84]Section 41 (2)
(b)
Omit the paragraph.
[85]Section 41 (2)
(c)
Omit “in the case of a
licence,”.
[86]Section 41 (2)
(f)
Omit “permittee
or”.
[87]Section 41 (3)
(a)
Omit “permit or a licence”. Insert
instead “licence”.
[88]Section 41
(4)–(6)
Omit “permit,” wherever
occurring.
[89]Section 42 Approval and
registration of transfers
Omit “permit or a” wherever occurring
in section 42 (1) and (2).
[90]Section 42 (2), (3) and
(9)
Omit “permit or licence” wherever
occurring. Insert instead “licence”.
[91]Section 42 (3) (a)
(i)
Omit the subparagraph. Insert instead:
(i)
in a form approved by the Minister,
and
[92]Section 42 (4), (8) and
(10)
Omit “General Manager of the
Authority” wherever occurring.
Insert instead
“Director-General”.
[93]Section 42
(4)
Omit “General Manager thinks”. Insert
instead “Director-General thinks”.
[94]Section 42
(5)
Omit “permit or licence and, in the case of
a transfer of a licence,”.
Insert instead “licence
and”.
[95]Section 43 Entries in register
on devolution of rights of registered holder
Omit “permit or a” from section 43
(1).
[96]Section
43
Omit “permit or licence” wherever
occurring. Insert instead “licence”.
[97]Section 43
(2)
Omit “General Manager of the
Authority”. Insert instead
“Director-General”.
[98]Section 44 Interests not to be
created etc except by instruments in writing
Omit “permit
or”.
[99]Section 45 Approval and
registration of instruments creating etc interests
Omit “permit or” wherever
occurring.
[100]Sections 45 and
47
Omit “General Manager of the
Authority” wherever occurring.
Insert instead
“Director-General”.
[101]Section 45
(5)
Omit “General Manager thinks”. Insert
instead “Director-General thinks”.
[102]Section 50 Inspection of
register and documents
Omit “permit or” wherever occurring
in section 50 (2).
[103]Section 50A Pipeline
searches
Omit “permit or” from section 50A
(1).
[104]Section 50A (1) and
(2)
Omit “Director” wherever occurring.
Insert instead “Director-General”.
[105]Section 50A
(3)
Omit the subsection.
[106]Section 53 Minister not liable
for certain actions
Omit “General Manager of the
Authority” wherever occurring.
Insert instead
“Director-General”.
[107]Section 55 Forms of permits
and licences
Omit the section.
[108]Section
56
Omit the section. Insert instead:
56Notice of grants of licences
etc to be publicised
The Minister is to cause to be published in the
Gazette such particulars as the Minister thinks fit of the grant, variation,
surrender or expiration of a licence or the variation of a licence
area.
[109]Section 57 Judicial
notice
Omit “General Manager of the
Authority” wherever occurring.
Insert instead
“Director-General”.
[110]Section 60 Powers of
inspectors
Omit “a permit”. Insert instead
“an authority to survey”.
[111]Section 60 (1)
(d)
Omit “permittee or”.
Insert instead “holder of an authority to
survey or a”.
[112]Section 60A Stop
notices
Omit “Authority” wherever occurring
in section 60A (2) and (3).
Insert instead
“Director-General”.
[113]Section 61 Creation of
easements in favour of licensees
Omit “permittee or” wherever
occurring.
[114]Section 69
Regulations
Insert after section 69 (1) (e1):
(e2)
particulars to be included in a notification
under this Act,
[115]Section 69 (3)
(b)
Omit “or”.
[116]Section 69 (3)
(d)
Insert after section 69 (3) (c):
or
(d)
apply, adopt or incorporate any publication or
provision of a publication of Standards Australia with respect to pipeline
design, construction, operation, testing or maintenance, either as in force as
at a particular day or as in force for the time
being,
[117]Schedule 1 Savings,
transitional and other provisions
Insert at the end of clause 1 (1):
Pipelines
Amendment Act 2006
[118]Schedule
1
Insert after Part 2:
Part 3Provisions consequent on
enactment of Pipelines Amendment Act
2006
4Definitions
In this Part:
amending
Act means the Pipelines
Amendment Act 2006.
EP&A
Act means the Environmental
Planning and Assessment Act 1979.
EP&A
Act approval means development consent or an approval under
the EP&A Act.
relevant
time means immediately before the repeal of Division 2 of
Part 2 of this Act by the amending Act.
5Permits and pending
applications for or in respect of permits
Except as provided by the regulations, the
provisions of this Act as in force at the relevant time continue to apply to
and in respect of:
(a)
a permit that is in force at the relevant time,
and
(b)
an application for or in respect of a permit that
is pending at the relevant time.
6Licence application in respect
of lands to which permit applies
(1)
Subject to subclause (2) and the regulations, the
provisions of this Act as in force at the relevant time continue to apply in
respect of an application for or in respect of a licence that is pending at,
or made after, the relevant time if the application relates to lands in
respect of which a permit under this Act has been
granted.
(2)
Any function conferred on the Governor by or
under this Act as in force at the relevant time is taken to be conferred
instead on the Minister in so far as an application to which subclause (1)
applies is concerned.
7Duration, review and effect of
existing licences
(1)
Subject to clause 6 and the regulations, an
amendment made by the amending Act applies to and in respect of a licence in
force immediately before the commencement of that
amendment.
(2)
Section 17 (1A) of this Act applies in respect of
a licence that was renewed before the commencement of that subsection as if
the date of the last renewal were the date on which the licence was
issued.
8Deemed EP&A Act approvals
and assessment
(1)
This clause applies to a development or an
activity in respect of a pipeline that on the commencement of a provision of
the amending Act (the
commencement) becomes a development or an activity that
requires EP&A Act approval (the
affected activity).
(2)
If:
(a)
before the commencement, a permit is granted with
respect to the affected activity, or
(b)
at any time (including before the commencement),
a licence is granted in respect of the affected activity and the licence
relates to land in respect of which a permit has been
granted,
any EP&A Act approval required in respect of the
affected activity is taken to have been granted, and all associated assessment
is taken to have been carried out, in accordance with the EP&A
Act.
(3)
The EP&A Act approval is taken to be subject
to the same conditions as the licence or permit, as the case may
be.
(4)
The provisions of the EP&A Act apply, as
appropriate, in respect of EP&A Act approvals that are taken, by subclause
(2), to have been granted.
(5)
This clause applies subject to the
regulations.
9Approved
forms
A reference in a provision of this Act as amended
by the amending Act to a form approved by the Minister is taken to be a
reference to a form prescribed for the purposes of that provision immediately
before the commencement of that amendment until a form is approved by the
Minister for the purposes of that provision.
Schedule 2Amendment of Environmental Planning and Assessment Act
1979
(Section 4)
Section 75V Approvals etc
legislation that must be applied consistently
Insert after section 75V (1) (f):
(g)
a licence under the Pipelines Act
1967.
Historical
notes
Table of amending
instruments
Pipelines
Amendment Act 2006 No 35. Second reading speech made:
Legislative Assembly, 10.5.2006; Legislative Council, 24.5.2006. Assented to
31.5.2006. Date of commencement, 15.9.2006, sec 2 and GG No 116 of 15.9.2006,
p 7969.